Terms & Conditions (Client)
USER AGREEMENT
PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.
Welcome to Poshorabd.com We are an online marketplace where service users can find different service providers offering their services at various prices.
All references hereby referred as "we", "us" or "Poshora denotes to Poshorabd.com and "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the website in any manner.
Here are the terms and conditions governing your access and use of Poshorabd.com along with its related sub-domains, sites, mobile app, services and tools (the "Site"). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the "User Agreement"). These terms and conditions ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between "Poshora" and "you". These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and services available through the domain and sub-domains of "Poshora" located at Poshorabd.com or Its Mobile Apps (collectively referred to herein as the "Product"), and (ii) the online transactions between those users of the Product who are offering services (each, a "Service Provider") and those users of the Product who are obtaining services (each, a "Service User") through the Product (such services, collectively, the "Services").
This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. This agreement is executed between You and Poshora Services Limited incorporated under the Companies Act, 1994, (Registration Number: C–178878/2022) and if you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site and Brand Poshorabd.com is totally owned and operated by Poshora Services Limited and an initiative of Pro-edge Associates Limited.
The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes. These terms incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Product.
1. YOUR ACCOUNT
To access certain services offered by the platform, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.
You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.
Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information, you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.
2. PRIVACY POLICY
Poshorabd.com has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is d hereby incorporated into the Terms of Use set forth herein. Your use of this Product is governed by the Privacy Policy.
3. SERVICE PRICING
All prices are listed as “* Starting From”. Starting Prices are estimates only – final pricing is subject to change upon assessment, and other necessary service-related requirements.
4. LICENSE TO ACCESS
Poshorabd.com hereby grants you a non-exclusive, revocable license to use the Website, Apps or its product as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website, Apps or its product in any medium without Poshora’s prior written consent; (ii) you will not alter or modify any part of the Website, Apps or its product other than as may be reasonably necessary to use the Website, Apps or its product for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
5. ELIGIBILITY
Use of the Product is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website, Apps and Services offered through this Website, Apps do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with Poshorabd.com to simply visit and view the Product, but to access and participate in certain features of the Product, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Product and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Poshorabd.com in providing you with a more customized experience when using the Product. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password"). In some cases, your account might be created by us upon your verbal request to Poshorabd.com.
You are solely responsible for safeguarding your password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Poshorabd.com.
6. SERVICE RESPONSPONSIBILITY
Poshorabd.com is a marketplace platform where service users can find different service providers offering their services at various prices. Poshorabd.com is the platform where the Users and Service Providers can take advantage of this online marketplace to make independent agreement between the service provider and user. The service providers enlisted in Poshorabd.com are completely independent contractor/entity and the service providers are not agents or employees of Poshorabd.com. The User and Service Providers make independent contract and the service providers are responsible individually/collectively for the quality of service as per order specifications provided by the service users. All service users placing orders through Poshorabd.com are responsible for clarifying the requirements and expectations with individual service providers at the time of processing orders. Poshorabd.com is not liable for the quality of service or any non-performance by service providers after the order has been placed.
You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Providers and Service Users.
You understand that deciding whether to use the Services of a Service Provider or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Poshora does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Poshora may attempt to seek information about the background of a Service Provider, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalized website, LinkedIn, Twitter etc., you understand that Service Providers may register themselves sue moto. You also understand that any so-called background check undertaken by Poshora is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that Poshora only seeks to provide a platform wherein Service Users and Service Providers have an opportunity to meet each other.
7. NO AGENCY OR PARTNERSHIP OR EMPLOYMENT
It is to be explicitly understood that, Service providers are neither agents nor employees of Poshora. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website or Service. You do not have any authority whatsoever to bind Poshora in any respect. All Service Providers are independent contractors. Neither Poshora nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
8. WARRANTY
Notwithstanding anything contained in the terms or in any content of Poshora Website or App or any medium, Poshora does not agree to provide any warranty or guarantee with respect to the service provided via any service provider.
9. SETTLEMENT AND COVERAGE
Poshora is not bound to take any responsibility to settle any dispute/claim/accident between the User and Service Provider.
Practically, in case of any dispute arises, any user or service provider needs to complain within 3 days from opting service, Poshora will play the role of a marketplace to resolve the dispute issue between service user and service provider. If the stakeholders fail to respond to Poshora’s proposal or communication regarding dispute settlement within 3 days, Poshora shall have the right to resolve the dispute if sees fit. Poshora has the goal to provide you with a neutral and cost-effective means of resolving the dispute quickly.
Before resorting to the filing of a formal lawsuit against any service provider or against Poshora, we strongly encourage you to first contact us directly to seek a resolution via e-mail at poshoracorp@proedge-asso.com, or call at our call center on +88 09638300700. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
However, under certain circumstances, Poshora may choose to compensate the platform users for poor service delivery by service providers. The extent of this compensation is limited to 10% of order value or BDT 5,000 whichever is lower. This compensation will be provided in the form of free future service coupon against the dispute case. Decision will be taken by Poshora management team after proper investigation of the dispute. But involving in the settlement remains the absolute discretion of Poshora.
10. NO CONFIDENTIALITY
The Website, Apps or its Product may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Poshora does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Poshora shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e., a doctor or a lawyer) is not extended to Poshora.
Poshora may also disclose user information including personal information if Poshora reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Poshora’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
11. ACTIONABLE CONDUCT BY USER
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, Apps or its product, including your profile ("Profile"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Website, Apps or its product, the Service, the Service User or any other cyber act which amounts to illegal act as per the laws of Bangladesh.
12. SUGGESTIONS
If you send or transmit any communications, comments, questions, suggestions, or related materials to Poshora whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Poshora is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Poshora is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
13. ADVERTISEMENTS
Aspects of the Website and other Poshora services may be supported by advertising revenue. As such, Poshora may display advertisements and promotions on the service. The manner, mode and extent of advertising by Poshora on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Poshora of any advertised products or services. You agree that Poshora shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
Poshora may also use the data and information collected from the website and App usage by the users to promote and show other products or materials or services hosted by third party or Poshora itself. You agree that your data and information is permitted to be processed by Artificial intelligence for the usage of further business ventures.
14. WITHDWAL OF OFFERS, RIGHT TO REMOVE, MODIFICATION OR CESSATION OF WEBSITE /APPS / PRODUCTS
Poshora reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof), any offer of the service, offer on products with or without notice and in its sole discretion. You agree that Poshora shall not be liable to you or to any third party for any modification, suspension or discontinuance of Poshora services.
Poshora expressly disclaims any and all liability in connection with all Submitted Content. Poshora will remove any Data or Submitted Content if properly notified. Poshora reserves the right to remove any Data or Submitted Content without prior notice. Poshora will also terminate a user's access to the Website, if he or she is determined to be a suspected user. Poshora also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Poshora may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
15. TERMINATION BY POSHORA
You hereby acknowledge and agree that Poshora, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Poshora believes or has reason to believe that you have violated any provision of the Terms of Use.
16. TERMINATION BY YOU
You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time.
17. EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Poshora system.
Unless Poshora has previously cancelled or terminated your use of the Website (in which case subsequent notice by Poshora shall not be required), if you provided a valid email address during registration, Poshora will notify you via email of any such termination or cancellation, which shall be effective immediately upon Poshora's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Poshora Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Poshora shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Poshora retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Poshora hereunder shall remain in effect for the foregoing purpose. In no event is Poshora obligated to return any Submitted Content to you.
You agree to indemnify and hold Poshora, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
18. TAX
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Poshora shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Provider.
19. REFUND POLICY
At Poshora, we try our best to serve our customers. However, if under any unintentional circumstances, we are unable to fulfill the commitment or to provide the specific service/product, we notify the customer within 24 hours via phone/SMS/email/other reasonable mode of communication. For such incomplete service, or faulty product, the amount, where an advance has been paid, will be refunded within maximum 10 (ten) days from the date of our acknowledgement of the service/product status.
Service fees provided by customer to service provider/Poshora are final and non-refundable. However, Poshora may take a joint investigation with the customer, if required.
Where applicable, Poshora will transfer the refund amount to the customer’s original payment source within 10 days. This refund to original payment source will be made when the customer paid for the order via bank or any electronic method. For the orders that are paid in cash, refund is only to be given through Poshora’s mode of payment, either by bank transfer or mobile financial services
20. FRAUDULENT PROTECTION
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Poshora reserves the right to cancel all past, pending and future orders without any liability. Poshora also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and service unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. Any promotional voucher used for the cancelled orders may not be refunded. If a Service User violates any of the below referenced rules, it will be taken as Fraudulent activity and Poshora, in its sole discretion, may take any of the following actions: (a) Cancel the Posting/order; (b) Suspend/Limit the Service User's Account privileges; (c) Necessary Action as per Country’s Rules and Regulations; (d) Necessary actions as per company’s policy.
21. INTELLECTUAL PROPERTY RIGHT INFRINGEMENT
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, logo, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Bangladeshi copyright laws and international conventions. By this agreement you agree that, you shall not take any action or act which infringes or violates the Intellectual Property right and You shall be subject to legal action in case of such occurrences.
22. GOVERNING LAW
The Terms of Use shall be governed in all respects by the laws of Bangladesh and any legal proceeding/disputes arising out of this Agreement will be subjected to the prevailing legal system of Bangladesh.
Freelancer
SERVICE AGREEMENT
This Service Agreement (the ‘Agreement’) is made on this the 17th of February, 2022 of the English Calendar.
BETWEEN
Poshora Services Limited, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1994 having its Head Office at House 33, Road 35/A, Gulshan 2, Dhaka 1212, Bangladesh hereinafter referred to as "Poshora Services Limited or Alternatively Poshora or Poshorabd.com or We", which provides amongst many other services, an online marketplace where service users can find different service providers offering their services. Pro-Edge Limited is also referred as "The First Party" (which expression shall unless excluded by or repugnant to the context include their successors, legal representatives, executors, administrators and/or assignees) of the One Part.
AND
Mr. X, DOB ……father………. mother……………NID……………Nationality ………………. Religion…………. hereinafter referred as "The Second Party or alternatively Service Provider(s)" (which expression shall unless excluded by or repugnant to the context include their successors, legal representatives, executors, administrators and/or assignees) of the Second Part.
WHEREAS,
FIRST PARTY IS INTER ALIA IN THE BUSINESS OF DEVELOPING AND OPERATING E-COMMERCE BUSINESSES FOR PROVIDING SERVICE BASED PRODUCTS ON MULTIPLE SECTORS;
SECOND PARTY HAS APPROACHED FIRST PARTY TO PROVIDE THE ………. SERVICE IN THE FIELD OF …………………WHERE SECOND PARTY THINKS ASSURES, HE IS SKILLED AND EFFICIENT IN THE DISCLOSED AREA;
SECOND PARTY INTENDS TO PROVIDE SERVICE AND INTENDS TO BE ENLISTED AS A …………... IN THE PANEL OF SERVICE PROVIDER OF FIRST PARTY;
BOTH PARTIES RECOGNIZE THAT OVERALL, SUCCESS OF THE PLATFORM AND TRADE NAMES OF THE FIRST PARTY AND ITS AFFILIATES DEPENDS ON THE USERS OF THE PLATFORM AND PUBLIC IN GENERAL;
THE PARTIES WISH TO ENTER INTO THIS AGREEMENT AND RECORD THEIR MUTUAL UNDERSTANDINGS AND AGREEMENTS IN RELATION TO THE TERMS AND CONDITIONS ON WHICH SERVICE PROVIDER SHALL MAKE AVAILABLE SERVICE TO THE USERS THOUGH THE ONLINE MARKET PLACE OF THE FIRST PARTY;
THESE RECITALS SHALL FORM PART OF THE AGREEMENT. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND OTHER CONSIDERATION, THE SUFFICIENCY OF WHICH IS ACKNOWLEDGED, THE PARTIES, INTENDING TO BE LEGALLY BOUND, AGREE AS FOLLOWS:
SCOPE OF SERVICE
Poshora enlists the Service Provider and Service Provider accepts such enlistment to provide the service of available to the users on the "on call basis" who orders to opt for the service through the website/app of Poshorabd.com.
The Service Provider undertakes that he/she is able to provide the following services:
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TOOLS AND EQUIPMENTS
The Service Provider must ensure the service is provided by skilled professional and who is fully qualified to produce the services in full compliance with the terms and conditions of this Agreement and recognized norms and standards of practice. Poshora shall not provide any resource, tools, equipment, machineries, any hardware or software to conduct the service enlisted for and Poshora shall not take any responsibility of the quality of such resource, tools, equipment, machineries, any hardware or software used during the supply of service to the User.
NO AGENCY NO EMPLOYMENT NO PARTNERSHIP
It is to be explicitly understood that, the Service Providers are neither agents nor employees of Poshora. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or any use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. The Service Provider does not have any authority whatsoever to bind Poshora in any respect. All Service Providers are independent contractors. Neither Poshora nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
PAYMENT TERMS AND COMMISSION
Poshora shall make the payment of the Service Provider on weekly basis. The payment shall be made on the principle of "No work-No payment". The fee agreement/arrangement shall be made with the Service Provider individually and the quantum of fee shall depend on the type of service provided and experience and expertise of the Service Provider. The fee arrangement is made on individual level and cannot be compared with other service provider on the same genre of work. The payment shall be made the designated account of the Service Provider and No cash payment shall be made. Both Poshora and Service provider shall maintain a register of payment and shall be liable to provide evidence to the other party when needed.
LICENSE AND QUALIFICATION
The Service provider shall provide all the license, certificates, documents, qualifications required for performing the service of the particular field of Skill (i.e., driving license, engineering degree certificate, diploma certificate or any document to prove that the Service Provider holds the expertise skill, qualification or authorization to conduct the assigned/enlisted task). If the Service Provider fails to provide the license, certificates, documents, qualifications or authorization within 60 Days of this agreement his/her enlistment shall be cancelled.
AUTHENTICTY OF DOCUMENTS
It shall be deemed that the Service Provider has provided copies of original and valid document (as indicated in clause no. 5). If it is discovered by Poshora that any document is fake and fabricated then his/her enlistment shall be cancelled and he/she shall be subject to legal action.
CRIMINAL RECORD
Service provider hereby declares that, he has no criminal case filed against him or no court order/warrant/ judgment has been issued against him. If it is found that Service Provider deliberately hides or does not disclose any information then Poshora shall immediately cancel his enlistments along with his due payments (if any) and shall make him subject to legal action.
LEGAL RESPONSIBILITY
Poshorabd.com is the platform acting as a facilitator for the Users and Service Providers can take advantage of this by creating an online marketplace, to make independent agreement between the Service Providers and Users. The Service Providers enlisted in Poshorabd.com are completely independent contractor/entity and the Service Providers are not agents or employees of Poshorabd.com. The Users and Service Providers make independent contract and the service providers are responsible individually/collectively for the quality of service as per order specifications provided by the service users.
If any User raises any claim or complaint regarding the quality of service or lack of professionalism of the service provider, then Poshora shall take the complaint into account and investigate into the matter and shall ask the Service Provider to provide reasonable justification for such complaint.
If Poshora finds that the complaint raised is a valid complaint, then Service Provider shall pay or adjust the amount as decided by Poshora and such amount shall be paid to the Complaining User. If any complaint found not reasonable then the complaint shall not be entertained.
ACCIDENTS AND CRIMINAL ACT
If the Service Provider makes any damage to the property of the User or the Service provider does any criminal act in the course of providing service, then such liability shall lie with the Service Provider independently and Service Provider shall completely be liable to pay the damage incurred. In the case of any criminal act (such as theft/harassment/dacoity/ grievous hurt etc.), Service Provider shall be personally liable for the criminal action.
Poshora may take active role in settling the disputes between the User and Service Provider in the circumstances where it seems fit and proper. As Poshora’s reputation is associated with the service of the Service Provider therefore Poshora may take active role in settling matter or filing cases or any other necessary steps.
QUALITY OF SERVICE
The Quality of service of the Service Provider shall be monitored by Poshora and Poshora shall keep the record of quality of services based on the feedback by the Users and other investigations. Based on the quality of service the Service Provider shall receive order.
MEDICAL PRECAUSION
Service Provider must take medical precautions necessary and appropriate for the place and circumstances and take measures such as Mask, PPE, gloves at all the circumstances during the course of providing service. In no circumstances the Service Provider shall enter into the premises of the User without proper medical protective measures.
TERMINATION by POSHORA
Poshora shall have the absolute right to terminate (Listing out) any service provider anytime without assigning any reason whatsoever.
TERMINATION by SERVICE PROVIDER
Service Provider retains the freedom to terminate the legal relationship with Poshora anytime with a 3 days’ notice. However, the Service Providers shall not be able to terminate this agreement in the course of doing any ongoing work.
CONFIDENTIALITY AND SOLICITING PROHBITAION
The Service Provider cannot in no circumstances provide his/her personal information or request the Users information to provide service in personal capacity. The Users are regarded as Poshora’s client and therefore the Service Provider cannot solicit for them for providing services in personal capacity. Upon finding out of such act by the Service Provider, Poshora may impose fine the Service Provider, cease the payments or take any other appropriate legal action depending on the circumstance.
The Parties also acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with the preparation and performance this Agreement are regarded as confidential information. Each Party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party.
CONFLICT OF INTEREST
Subject to the provision of section 14, Service Providers are allowed to work as a Free-lancer and can undertake any work on personal capacity as part of their daily actives and that won’t be regarded as conflict of interest. However, by signing this agreement the Service Provider agrees that, he/she shall not work under any other Company/ E-Commerce /Competitor Company/Vendors/Franchise/Branch Office or Other form of Business Entities in any manner. Any affiliation/engagement/employment (Part-time/Full-time/Casual/Weekly/Daily) shall be regarded as direct conflict of interest and Poshora shall take appropriate measures which are not limited to impose fine, filing civil suit or cancelling the enlistment of the Service provider. In addition to that, if any User contacts the Service Provider in personal capacity and the Service Provider knows the User is a client of Poshora, then Service Provider must disclose this fact to Poshora in advance and the decision of Poshora shall prevail in order cure the conflict of Interest.
MISCONDUCT AND FINES
Misconducts are not defined in this agreement but any misbehavior, bad comment, conflict of interest, abusive language, disobedience, late service, lack of etiquette, any criminal act, embezzling, unallowed solicitation are regarded as misconducts and Poshora reserves the right to impose appropriate monetary sanction(fines) on the Service Provider.
TIME LIMIT FOR VALIDITY OF THE ENLISTMENT
This agreement is valid for 2 years from the date of commencement. This agreement can be extended based on mutual consent for agreed terms upon expiration of this agreement.
DICRESIONARY BONUS BY POSHORA
Poshora may upon its discretion share monetary award/bonus/profit with the Service Provider, however, that shall not be binding on Poshora on regular terms.
GOVERNING LAW
Upon rising any dispute with regard to this agreement, The Contract Act 1872 (Bangladesh) shall be applicable in resolving the disputes.
Service Provider
SERVICE AGREEMENT
This Service Agreement (the ‘Agreement’) is made on this the 17th of February, 2022 of the English Calendar.
BETWEEN
Poshora Services Limited, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1994 having its Head Office at House 33, Road 35/A, Gulshan 2, Dhaka 1212, Bangladesh hereinafter referred to as "Poshora Services Limited or Alternatively Poshora or Poshorabd.com or We", which provides amongst many other services, an online marketplace where service users can find different service providers offering their services. Pro-Edge Limited is also referred as "The First Party" (which expression shall unless excluded by or repugnant to the context include their successors, legal representatives, executors, administrators and/or assignees) of the One Part.
AND
Mr. X, DOB ……father………. mother……………NID……………Nationality ………………. Religion………….... hereinafter referred as "The Second Party or alternatively Service Provider(s)" (which expression shall unless excluded by or repugnant to the context include their successors, legal representatives, executors, administrators and/or assignees) of the Second Part.
WHEREAS,
FIRST PARTY IS INTER ALIA IN THE BUSINESS OF DEVELOPING AND OPERATING E-COMMERCE BUSINESSES FOR PROVIDING SERVICE BASED PRODUCTS ON MULTIPLE SECTORS;
SECOND PARTY HAS APPROACHED FIRST PARTY TO PROVIDE THE ………. SERVICE IN THE FIELD OF …………………WHERE SECOND PARTY THINKS ASSURES, HE IS SKILLED AND EFFICIENT IN THE DISCLOSED AREA;
SECOND PARTY INTENDS TO PROVIDE SERVICE AND INTENDS TO BE ENLISTED AS A …………. IN THE PANEL OF SERVICE PROVIDER OF FIRST PARTY;
BOTH PARTIES RECOGNIZE THAT OVERALL, SUCCESS OF THE PLATFORM AND TRADE NAMES OF THE FIRST PARTY AND ITS AFFILIATES DEPENDS ON THE USERS OF THE PLATFORM AND PUBLIC IN GENERAL;
THE PARTIES WISH TO ENTER INTO THIS AGREEMENT AND RECORD THEIR MUTUAL UNDERSTANDINGS AND AGREEMENTS IN RELATION TO THE TERMS AND CONDITIONS ON WHICH SERVICE PROVIDER SHALL MAKE AVAILABLE SERVICE TO THE USERS THOUGH THE ONLINE MARKET PLACE OF THE FIRST PARTY;
THESE RECITALS SHALL FORM PART OF THE AGREEMENT. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND OTHER CONSIDERATION, THE SUFFICIENCY OF WHICH IS ACKNOWLEDGED, THE PARTIES, INTENDING TO BE LEGALLY BOUND, AGREE AS FOLLOWS:
SCOPE OF SERVICE
Poshora enlists the Service Provider and Service Provider accepts such enlistment to provide the service of available to the users on the "on call basis" who orders to opt for the service through the website/app of Poshorabd.com.
The Service Provider undertakes that he/she is able to provide the following services:
…
….
….
…..
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TOOLS AND EQUIPMENTS
The Service Provider must ensure the service is provided by skilled professional and who is fully qualified to produce the services in full compliance with the terms and conditions of this Agreement and recognized norms and standards of practice. Poshora shall not provide any resource, tools, equipment, machineries, any hardware or software to conduct the service enlisted for and Poshora shall not take any responsibility of the quality of such resource, tools, equipment, machineries, any hardware or software used during the supply of service to the User.
NO AGENCY NO EMPLOYMENT NO PARTNERSHIP
It is to be explicitly understood that, the Service Providers are neither agents nor employees of Poshora. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or any use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. The Service Provider does not have any authority whatsoever to bind Poshora in any respect. All Service Providers are independent contractors. Neither Poshora nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
PAYMENT TERMS AND COMMISSION
Poshora shall make the payment of the Service Provider on weekly basis. The payment shall be made on the principle of "No work-No payment". The fee agreement/arrangement shall be made with the Service Provider individually and the quantum of fee shall depend on the type of service provided and experience and expertise of the Service Provider. The fee arrangement is made on individual level and cannot be compared with other service provider on the same genre of work. The payment shall be made the designated account of the Service Provider and No cash payment shall be made. Both Poshora and Service provider shall maintain a register of payment and shall be liable to provide evidence to the other party when needed.
LICENSE AND QUALIFICATION
The Service provider shall provide all the license, certificates, documents, qualifications required for performing the service of the particular field of Skill (i.e., driving license, engineering degree certificate, diploma certificate or any document to prove that the Service Provider holds the expertise skill, qualification or authorization to conduct the assigned/enlisted task). If the Service Provider fails to provide the license, certificates, documents, qualifications or authorization within …. Days of this agreement his/her enlistment shall be cancelled.
AUTHENTICTY OF DOCUMENTS
It shall be deemed that the Service Provider has provided copies of original and valid document (as indicated in clause no. 5). If it is discovered by Poshora that any document is fake and fabricated then his/her enlistment shall be cancelled and he/she shall be subject to legal action.
CRIMINAL RECORD
Service provider hereby declares that, he has no criminal case filed against him or no court order/warrant/ judgment has been issued against him. If it is found that Service Provider deliberately hides or does not disclose any information then Poshora shall immediately cancel his enlistments along with his due payments (if any) and shall make him subject to legal action.
LEGAL RESPONSIBILITY
Poshorabd.com is the platform acting as a facilitator for the Users and Service Providers can take advantage of this by creating an online marketplace, to make independent agreement between the Service Providers and Users. The Service Providers enlisted in Poshorabd.com are completely independent contractor/entity and the Service Providers are not agents or employees of Poshorabd.com. The Users and Service Providers make independent contract and the service providers are responsible individually/collectively for the quality of service as per order specifications provided by the service users.
If any User raises any claim or complaint regarding the quality of service or lack of professionalism of the service provider, then Poshora shall take the complaint into account and investigate into the matter and shall ask the Service Provider to provide reasonable justification for such complaint.
If Poshora finds that the complaint raised is a valid complaint, then Service Provider shall pay or adjust the amount as decided by Poshora and such amount shall be paid to the Complaining User. If any complaint found not reasonable then the complaint shall not be entertained.
ACCIDENTS AND CRIMINAL ACT
If the Service Provider makes any damage to the property of the User or the Service provider does any criminal act in the course of providing service, then such liability shall lie with the Service Provider independently and Service Provider shall completely be liable to pay the damage incurred. In the case of any criminal act (such as theft/harassment/dacoity/ grievous hurt etc.), Service Provider shall be personally liable for the criminal action.
Poshora may take active role in settling the disputes between the User and Service Provider in the circumstances where it seems fit and proper. As Poshora’s reputation is associated with the service of the Service Provider therefore Poshora may take active role in settling matter or filing cases or any other necessary steps.
QUALITY OF SERVICE
The Quality of service of the Service Provider shall be monitored by Poshora and Poshora shall keep the record of quality of services based on the feedback by the Users and other investigations. Based on the quality of service the Service Provider shall receive order.
MEDICAL PRECAUSION
Service Provider must take medical precautions necessary and appropriate for the place and circumstances and take measures such as Mask, PPE, gloves at all the circumstances during the course of providing service. In no circumstances the Service Provider shall enter into the premises of the User without proper medical protective measures.
TERMINATION by POSHORA
Poshora shall have the absolute right to terminate (Listing out) any service provider anytime without assigning any reason whatsoever.
TERMINATION by SERVICE PROVIDER
Service Provider retains the freedom to terminate the legal relationship with Poshora anytime with a 3 days’ notice. However, the Service Providers shall not be able to terminate this agreement in the course of doing any ongoing work.
CONFIDENTIALITY AND SOLICITING PROHBITAION
The Service Provider cannot in no circumstances provide his/her personal information or request the Users information to provide service in personal capacity. The Users are regarded as Poshora’s client and therefore the Service Provider cannot solicit for them for providing services in personal capacity. Upon finding out of such act by the Service Provider, Poshora may impose fine the Service Provider, cease the payments or take any other appropriate legal action depending on the circumstance.
The Parties also acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with the preparation and performance this Agreement are regarded as confidential information. Each Party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party.
CONFLICT OF INTEREST
Subject to the provision of section 14, Service Providers are allowed to work as a Free-lancer and can undertake any work on personal capacity as part of their daily actives and that won’t be regarded as conflict of interest. However, by signing this agreement the Service Provider agrees that, he/she shall not work under any other Company/ E-Commerce /Competitor Company/Vendors/Franchise/Branch Office or Other form of Business Entities in any manner. Any affiliation/engagement/employment (Part-time/Full-time/Casual/Weekly/Daily) shall be regarded as direct conflict of interest and Poshora shall take appropriate measures which are not limited to impose fine, filing civil suit or cancelling the enlistment of the Service provider. In addition to that, if any User contacts the Service Provider in personal capacity and the Service Provider knows the User is a client of Poshora, then Service Provider must disclose this fact to Poshora in advance and the decision of Poshora shall prevail in order cure the conflict of Interest.
MISCONDUCT AND FINES
Misconducts are not defined in this agreement but any misbehavior, bad comment, conflict of interest, abusive language, disobedience, late service, lack of etiquette, any criminal act, embezzling, unallowed solicitation are regarded as misconducts and Poshora reserves the right to impose appropriate monetary sanction(fines) on the Service Provider.
TIME LIMIT FOR VALIDITY OF THE ENLISTMENT
This agreement is valid for 2 years from the date of commencement. This agreement can be extended based on mutual consent for agreed terms upon expiration of this agreement.
DICRESIONARY BONUS BY POSHORA
Poshora may upon its discretion share monetary award/bonus/profit with the Service Provider, however, that shall not be binding on Poshora on regular terms.
GOVERNING LAW
Upon rising any dispute with regard to this agreement, The Contract Act 1872 (Bangladesh) shall be applicable in resolving the disputes. .
USER AGREEMENT
PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.
Welcome to Poshorabd.com We are an online marketplace where service users can find different service providers offering their services at various prices.
All references hereby referred as "we", "us" or "Poshora denotes to Poshorabd.com and "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the website in any manner.
Here are the terms and conditions governing your access and use of Poshorabd.com along with its related sub-domains, sites, mobile app, services and tools (the "Site"). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the "User Agreement"). These terms and conditions ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between "Poshora" and "you". These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and services available through the domain and sub-domains of "Poshora" located at Poshorabd.com or Its Mobile Apps (collectively referred to herein as the "Product"), and (ii) the online transactions between those users of the Product who are offering services (each, a "Service Provider") and those users of the Product who are obtaining services (each, a "Service User") through the Product (such services, collectively, the "Services").
This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. This agreement is executed between You and Poshora Services Limited incorporated under the Companies Act, 1994, (Registration Number: C–178878/2022) and if you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site and Brand Poshorabd.com is totally owned and operated by Poshora Services Limited and an initiative of Pro-edge Associates Limited.
The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes. These terms incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Product.
1. YOUR ACCOUNT
To access certain services offered by the platform, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.
You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.
Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information, you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.
2. PRIVACY POLICY
Poshorabd.com has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is d hereby incorporated into the Terms of Use set forth herein. Your use of this Product is governed by the Privacy Policy.
3. SERVICE PRICING
All prices are listed as “* Starting From”. Starting Prices are estimates only – final pricing is subject to change upon assessment, and other necessary service-related requirements.
4. LICENSE TO ACCESS
Poshorabd.com hereby grants you a non-exclusive, revocable license to use the Website, Apps or its product as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website, Apps or its product in any medium without Poshora’s prior written consent; (ii) you will not alter or modify any part of the Website, Apps or its product other than as may be reasonably necessary to use the Website, Apps or its product for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
5. ELIGIBILITY
Use of the Product is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website, Apps and Services offered through this Website, Apps do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with Poshorabd.com to simply visit and view the Product, but to access and participate in certain features of the Product, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Product and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Poshorabd.com in providing you with a more customized experience when using the Product. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password"). In some cases, your account might be created by us upon your verbal request to Poshorabd.com.
You are solely responsible for safeguarding your password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Poshorabd.com.
6. SERVICE RESPONSPONSIBILITY
Poshorabd.com is a marketplace platform where service users can find different service providers offering their services at various prices. Poshorabd.com is the platform where the Users and Service Providers can take advantage of this online marketplace to make independent agreement between the service provider and user. The service providers enlisted in Poshorabd.com are completely independent contractor/entity and the service providers are not agents or employees of Poshorabd.com. The User and Service Providers make independent contract and the service providers are responsible individually/collectively for the quality of service as per order specifications provided by the service users. All service users placing orders through Poshorabd.com are responsible for clarifying the requirements and expectations with individual service providers at the time of processing orders. Poshorabd.com is not liable for the quality of service or any non-performance by service providers after the order has been placed.
You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Providers and Service Users.
You understand that deciding whether to use the Services of a Service Provider or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Poshora does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Poshora may attempt to seek information about the background of a Service Provider, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalized website, LinkedIn, Twitter etc., you understand that Service Providers may register themselves sue moto. You also understand that any so-called background check undertaken by Poshora is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that Poshora only seeks to provide a platform wherein Service Users and Service Providers have an opportunity to meet each other.
7. NO AGENCY OR PARTNERSHIP OR EMPLOYMENT
It is to be explicitly understood that, Service providers are neither agents nor employees of Poshora. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website or Service. You do not have any authority whatsoever to bind Poshora in any respect. All Service Providers are independent contractors. Neither Poshora nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
8. WARRANTY
Notwithstanding anything contained in the terms or in any content of Poshora Website or App or any medium, Poshora does not agree to provide any warranty or guarantee with respect to the service provided via any service provider.
9. SETTLEMENT AND COVERAGE
Poshora is not bound to take any responsibility to settle any dispute/claim/accident between the User and Service Provider.
Practically, in case of any dispute arises, any user or service provider needs to complain within 3 days from opting service, Poshora will play the role of a marketplace to resolve the dispute issue between service user and service provider. If the stakeholders fail to respond to Poshora’s proposal or communication regarding dispute settlement within 3 days, Poshora shall have the right to resolve the dispute if sees fit. Poshora has the goal to provide you with a neutral and cost-effective means of resolving the dispute quickly.
Before resorting to the filing of a formal lawsuit against any service provider or against Poshora, we strongly encourage you to first contact us directly to seek a resolution via e-mail at poshoracorp@proedge-asso.com, or call at our call center on +88 09638300700. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
However, under certain circumstances, Poshora may choose to compensate the platform users for poor service delivery by service providers. The extent of this compensation is limited to 10% of order value or BDT 5,000 whichever is lower. This compensation will be provided in the form of free future service coupon against the dispute case. Decision will be taken by Poshora management team after proper investigation of the dispute. But involving in the settlement remains the absolute discretion of Poshora.
10. NO CONFIDENTIALITY
The Website, Apps or its Product may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Poshora does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Poshora shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e., a doctor or a lawyer) is not extended to Poshora.
Poshora may also disclose user information including personal information if Poshora reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Poshora’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
11. ACTIONABLE CONDUCT BY USER
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, Apps or its product, including your profile ("Profile"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Website, Apps or its product, the Service, the Service User or any other cyber act which amounts to illegal act as per the laws of Bangladesh.
12. SUGGESTIONS
If you send or transmit any communications, comments, questions, suggestions, or related materials to Poshora whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Poshora is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Poshora is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
13. ADVERTISEMENTS
Aspects of the Website and other Poshora services may be supported by advertising revenue. As such, Poshora may display advertisements and promotions on the service. The manner, mode and extent of advertising by Poshora on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Poshora of any advertised products or services. You agree that Poshora shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
Poshora may also use the data and information collected from the website and App usage by the users to promote and show other products or materials or services hosted by third party or Poshora itself. You agree that your data and information is permitted to be processed by Artificial intelligence for the usage of further business ventures.
14. WITHDWAL OF OFFERS, RIGHT TO REMOVE, MODIFICATION OR CESSATION OF WEBSITE /APPS / PRODUCTS
Poshora reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof), any offer of the service, offer on products with or without notice and in its sole discretion. You agree that Poshora shall not be liable to you or to any third party for any modification, suspension or discontinuance of Poshora services.
Poshora expressly disclaims any and all liability in connection with all Submitted Content. Poshora will remove any Data or Submitted Content if properly notified. Poshora reserves the right to remove any Data or Submitted Content without prior notice. Poshora will also terminate a user's access to the Website, if he or she is determined to be a suspected user. Poshora also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Poshora may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
15. TERMINATION BY POSHORA
You hereby acknowledge and agree that Poshora, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Poshora believes or has reason to believe that you have violated any provision of the Terms of Use.
16. TERMINATION BY YOU
You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time.
17. EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Poshora system.
Unless Poshora has previously cancelled or terminated your use of the Website (in which case subsequent notice by Poshora shall not be required), if you provided a valid email address during registration, Poshora will notify you via email of any such termination or cancellation, which shall be effective immediately upon Poshora's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Poshora Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Poshora shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Poshora retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Poshora hereunder shall remain in effect for the foregoing purpose. In no event is Poshora obligated to return any Submitted Content to you.
You agree to indemnify and hold Poshora, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
18. TAX
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Poshora shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Provider.
19. REFUND POLICY
At Poshora, we try our best to serve our customers. However, if under any unintentional circumstances, we are unable to fulfill the commitment or to provide the specific service/product, we notify the customer within 24 hours via phone/SMS/email/other reasonable mode of communication. For such incomplete service, or faulty product, the amount, where an advance has been paid, will be refunded within maximum 10 (ten) days from the date of our acknowledgement of the service/product status.
Service fees provided by customer to service provider/Poshora are final and non-refundable. However, Poshora may take a joint investigation with the customer, if required.
Where applicable, Poshora will transfer the refund amount to the customer’s original payment source within 10 days. This refund to original payment source will be made when the customer paid for the order via bank or any electronic method. For the orders that are paid in cash, refund is only to be given through Poshora’s mode of payment, either by bank transfer or mobile financial services
20. FRAUDULENT PROTECTION
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Poshora reserves the right to cancel all past, pending and future orders without any liability. Poshora also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and service unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. Any promotional voucher used for the cancelled orders may not be refunded. If a Service User violates any of the below referenced rules, it will be taken as Fraudulent activity and Poshora, in its sole discretion, may take any of the following actions: (a) Cancel the Posting/order; (b) Suspend/Limit the Service User's Account privileges; (c) Necessary Action as per Country’s Rules and Regulations; (d) Necessary actions as per company’s policy.
21. INTELLECTUAL PROPERTY RIGHT INFRINGEMENT
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, logo, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Bangladeshi copyright laws and international conventions. By this agreement you agree that, you shall not take any action or act which infringes or violates the Intellectual Property right and You shall be subject to legal action in case of such occurrences.
22. GOVERNING LAW
The Terms of Use shall be governed in all respects by the laws of Bangladesh and any legal proceeding/disputes arising out of this Agreement will be subjected to the prevailing legal system of Bangladesh.
Freelancer
SERVICE AGREEMENT
This Service Agreement (the ‘Agreement’) is made on this the 17th of February, 2022 of the English Calendar.
BETWEEN
Poshora Services Limited, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1994 having its Head Office at House 33, Road 35/A, Gulshan 2, Dhaka 1212, Bangladesh hereinafter referred to as "Poshora Services Limited or Alternatively Poshora or Poshorabd.com or We", which provides amongst many other services, an online marketplace where service users can find different service providers offering their services. Pro-Edge Limited is also referred as "The First Party" (which expression shall unless excluded by or repugnant to the context include their successors, legal representatives, executors, administrators and/or assignees) of the One Part.
AND
Mr. X, DOB ……father………. mother……………NID……………Nationality ………………. Religion…………. hereinafter referred as "The Second Party or alternatively Service Provider(s)" (which expression shall unless excluded by or repugnant to the context include their successors, legal representatives, executors, administrators and/or assignees) of the Second Part.
WHEREAS,
FIRST PARTY IS INTER ALIA IN THE BUSINESS OF DEVELOPING AND OPERATING E-COMMERCE BUSINESSES FOR PROVIDING SERVICE BASED PRODUCTS ON MULTIPLE SECTORS;
SECOND PARTY HAS APPROACHED FIRST PARTY TO PROVIDE THE ………. SERVICE IN THE FIELD OF …………………WHERE SECOND PARTY THINKS ASSURES, HE IS SKILLED AND EFFICIENT IN THE DISCLOSED AREA;
SECOND PARTY INTENDS TO PROVIDE SERVICE AND INTENDS TO BE ENLISTED AS A …………... IN THE PANEL OF SERVICE PROVIDER OF FIRST PARTY;
BOTH PARTIES RECOGNIZE THAT OVERALL, SUCCESS OF THE PLATFORM AND TRADE NAMES OF THE FIRST PARTY AND ITS AFFILIATES DEPENDS ON THE USERS OF THE PLATFORM AND PUBLIC IN GENERAL;
THE PARTIES WISH TO ENTER INTO THIS AGREEMENT AND RECORD THEIR MUTUAL UNDERSTANDINGS AND AGREEMENTS IN RELATION TO THE TERMS AND CONDITIONS ON WHICH SERVICE PROVIDER SHALL MAKE AVAILABLE SERVICE TO THE USERS THOUGH THE ONLINE MARKET PLACE OF THE FIRST PARTY;
THESE RECITALS SHALL FORM PART OF THE AGREEMENT. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND OTHER CONSIDERATION, THE SUFFICIENCY OF WHICH IS ACKNOWLEDGED, THE PARTIES, INTENDING TO BE LEGALLY BOUND, AGREE AS FOLLOWS:
SCOPE OF SERVICE
Poshora enlists the Service Provider and Service Provider accepts such enlistment to provide the service of available to the users on the "on call basis" who orders to opt for the service through the website/app of Poshorabd.com.
The Service Provider undertakes that he/she is able to provide the following services:
…
….
….
…..
…..
TOOLS AND EQUIPMENTS
The Service Provider must ensure the service is provided by skilled professional and who is fully qualified to produce the services in full compliance with the terms and conditions of this Agreement and recognized norms and standards of practice. Poshora shall not provide any resource, tools, equipment, machineries, any hardware or software to conduct the service enlisted for and Poshora shall not take any responsibility of the quality of such resource, tools, equipment, machineries, any hardware or software used during the supply of service to the User.
NO AGENCY NO EMPLOYMENT NO PARTNERSHIP
It is to be explicitly understood that, the Service Providers are neither agents nor employees of Poshora. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or any use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. The Service Provider does not have any authority whatsoever to bind Poshora in any respect. All Service Providers are independent contractors. Neither Poshora nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
PAYMENT TERMS AND COMMISSION
Poshora shall make the payment of the Service Provider on weekly basis. The payment shall be made on the principle of "No work-No payment". The fee agreement/arrangement shall be made with the Service Provider individually and the quantum of fee shall depend on the type of service provided and experience and expertise of the Service Provider. The fee arrangement is made on individual level and cannot be compared with other service provider on the same genre of work. The payment shall be made the designated account of the Service Provider and No cash payment shall be made. Both Poshora and Service provider shall maintain a register of payment and shall be liable to provide evidence to the other party when needed.
LICENSE AND QUALIFICATION
The Service provider shall provide all the license, certificates, documents, qualifications required for performing the service of the particular field of Skill (i.e., driving license, engineering degree certificate, diploma certificate or any document to prove that the Service Provider holds the expertise skill, qualification or authorization to conduct the assigned/enlisted task). If the Service Provider fails to provide the license, certificates, documents, qualifications or authorization within 60 Days of this agreement his/her enlistment shall be cancelled.
AUTHENTICTY OF DOCUMENTS
It shall be deemed that the Service Provider has provided copies of original and valid document (as indicated in clause no. 5). If it is discovered by Poshora that any document is fake and fabricated then his/her enlistment shall be cancelled and he/she shall be subject to legal action.
CRIMINAL RECORD
Service provider hereby declares that, he has no criminal case filed against him or no court order/warrant/ judgment has been issued against him. If it is found that Service Provider deliberately hides or does not disclose any information then Poshora shall immediately cancel his enlistments along with his due payments (if any) and shall make him subject to legal action.
LEGAL RESPONSIBILITY
Poshorabd.com is the platform acting as a facilitator for the Users and Service Providers can take advantage of this by creating an online marketplace, to make independent agreement between the Service Providers and Users. The Service Providers enlisted in Poshorabd.com are completely independent contractor/entity and the Service Providers are not agents or employees of Poshorabd.com. The Users and Service Providers make independent contract and the service providers are responsible individually/collectively for the quality of service as per order specifications provided by the service users.
If any User raises any claim or complaint regarding the quality of service or lack of professionalism of the service provider, then Poshora shall take the complaint into account and investigate into the matter and shall ask the Service Provider to provide reasonable justification for such complaint.
If Poshora finds that the complaint raised is a valid complaint, then Service Provider shall pay or adjust the amount as decided by Poshora and such amount shall be paid to the Complaining User. If any complaint found not reasonable then the complaint shall not be entertained.
ACCIDENTS AND CRIMINAL ACT
If the Service Provider makes any damage to the property of the User or the Service provider does any criminal act in the course of providing service, then such liability shall lie with the Service Provider independently and Service Provider shall completely be liable to pay the damage incurred. In the case of any criminal act (such as theft/harassment/dacoity/ grievous hurt etc.), Service Provider shall be personally liable for the criminal action.
Poshora may take active role in settling the disputes between the User and Service Provider in the circumstances where it seems fit and proper. As Poshora’s reputation is associated with the service of the Service Provider therefore Poshora may take active role in settling matter or filing cases or any other necessary steps.
QUALITY OF SERVICE
The Quality of service of the Service Provider shall be monitored by Poshora and Poshora shall keep the record of quality of services based on the feedback by the Users and other investigations. Based on the quality of service the Service Provider shall receive order.
MEDICAL PRECAUSION
Service Provider must take medical precautions necessary and appropriate for the place and circumstances and take measures such as Mask, PPE, gloves at all the circumstances during the course of providing service. In no circumstances the Service Provider shall enter into the premises of the User without proper medical protective measures.
TERMINATION by POSHORA
Poshora shall have the absolute right to terminate (Listing out) any service provider anytime without assigning any reason whatsoever.
TERMINATION by SERVICE PROVIDER
Service Provider retains the freedom to terminate the legal relationship with Poshora anytime with a 3 days’ notice. However, the Service Providers shall not be able to terminate this agreement in the course of doing any ongoing work.
CONFIDENTIALITY AND SOLICITING PROHBITAION
The Service Provider cannot in no circumstances provide his/her personal information or request the Users information to provide service in personal capacity. The Users are regarded as Poshora’s client and therefore the Service Provider cannot solicit for them for providing services in personal capacity. Upon finding out of such act by the Service Provider, Poshora may impose fine the Service Provider, cease the payments or take any other appropriate legal action depending on the circumstance.
The Parties also acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with the preparation and performance this Agreement are regarded as confidential information. Each Party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party.
CONFLICT OF INTEREST
Subject to the provision of section 14, Service Providers are allowed to work as a Free-lancer and can undertake any work on personal capacity as part of their daily actives and that won’t be regarded as conflict of interest. However, by signing this agreement the Service Provider agrees that, he/she shall not work under any other Company/ E-Commerce /Competitor Company/Vendors/Franchise/Branch Office or Other form of Business Entities in any manner. Any affiliation/engagement/employment (Part-time/Full-time/Casual/Weekly/Daily) shall be regarded as direct conflict of interest and Poshora shall take appropriate measures which are not limited to impose fine, filing civil suit or cancelling the enlistment of the Service provider. In addition to that, if any User contacts the Service Provider in personal capacity and the Service Provider knows the User is a client of Poshora, then Service Provider must disclose this fact to Poshora in advance and the decision of Poshora shall prevail in order cure the conflict of Interest.
MISCONDUCT AND FINES
Misconducts are not defined in this agreement but any misbehavior, bad comment, conflict of interest, abusive language, disobedience, late service, lack of etiquette, any criminal act, embezzling, unallowed solicitation are regarded as misconducts and Poshora reserves the right to impose appropriate monetary sanction(fines) on the Service Provider.
TIME LIMIT FOR VALIDITY OF THE ENLISTMENT
This agreement is valid for 2 years from the date of commencement. This agreement can be extended based on mutual consent for agreed terms upon expiration of this agreement.
DICRESIONARY BONUS BY POSHORA
Poshora may upon its discretion share monetary award/bonus/profit with the Service Provider, however, that shall not be binding on Poshora on regular terms.
GOVERNING LAW
Upon rising any dispute with regard to this agreement, The Contract Act 1872 (Bangladesh) shall be applicable in resolving the disputes.
Service Provider
SERVICE AGREEMENT
This Service Agreement (the ‘Agreement’) is made on this the 17th of February, 2022 of the English Calendar.
BETWEEN
Poshora Services Limited, a Private Limited Company incorporated in Bangladesh under the Companies Act, 1994 having its Head Office at House 33, Road 35/A, Gulshan 2, Dhaka 1212, Bangladesh hereinafter referred to as "Poshora Services Limited or Alternatively Poshora or Poshorabd.com or We", which provides amongst many other services, an online marketplace where service users can find different service providers offering their services. Pro-Edge Limited is also referred as "The First Party" (which expression shall unless excluded by or repugnant to the context include their successors, legal representatives, executors, administrators and/or assignees) of the One Part.
AND
Mr. X, DOB ……father………. mother……………NID……………Nationality ………………. Religion………….... hereinafter referred as "The Second Party or alternatively Service Provider(s)" (which expression shall unless excluded by or repugnant to the context include their successors, legal representatives, executors, administrators and/or assignees) of the Second Part.
WHEREAS,
FIRST PARTY IS INTER ALIA IN THE BUSINESS OF DEVELOPING AND OPERATING E-COMMERCE BUSINESSES FOR PROVIDING SERVICE BASED PRODUCTS ON MULTIPLE SECTORS;
SECOND PARTY HAS APPROACHED FIRST PARTY TO PROVIDE THE ………. SERVICE IN THE FIELD OF …………………WHERE SECOND PARTY THINKS ASSURES, HE IS SKILLED AND EFFICIENT IN THE DISCLOSED AREA;
SECOND PARTY INTENDS TO PROVIDE SERVICE AND INTENDS TO BE ENLISTED AS A …………. IN THE PANEL OF SERVICE PROVIDER OF FIRST PARTY;
BOTH PARTIES RECOGNIZE THAT OVERALL, SUCCESS OF THE PLATFORM AND TRADE NAMES OF THE FIRST PARTY AND ITS AFFILIATES DEPENDS ON THE USERS OF THE PLATFORM AND PUBLIC IN GENERAL;
THE PARTIES WISH TO ENTER INTO THIS AGREEMENT AND RECORD THEIR MUTUAL UNDERSTANDINGS AND AGREEMENTS IN RELATION TO THE TERMS AND CONDITIONS ON WHICH SERVICE PROVIDER SHALL MAKE AVAILABLE SERVICE TO THE USERS THOUGH THE ONLINE MARKET PLACE OF THE FIRST PARTY;
THESE RECITALS SHALL FORM PART OF THE AGREEMENT. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND OTHER CONSIDERATION, THE SUFFICIENCY OF WHICH IS ACKNOWLEDGED, THE PARTIES, INTENDING TO BE LEGALLY BOUND, AGREE AS FOLLOWS:
SCOPE OF SERVICE
Poshora enlists the Service Provider and Service Provider accepts such enlistment to provide the service of available to the users on the "on call basis" who orders to opt for the service through the website/app of Poshorabd.com.
The Service Provider undertakes that he/she is able to provide the following services:
…
….
….
…..
…..
TOOLS AND EQUIPMENTS
The Service Provider must ensure the service is provided by skilled professional and who is fully qualified to produce the services in full compliance with the terms and conditions of this Agreement and recognized norms and standards of practice. Poshora shall not provide any resource, tools, equipment, machineries, any hardware or software to conduct the service enlisted for and Poshora shall not take any responsibility of the quality of such resource, tools, equipment, machineries, any hardware or software used during the supply of service to the User.
NO AGENCY NO EMPLOYMENT NO PARTNERSHIP
It is to be explicitly understood that, the Service Providers are neither agents nor employees of Poshora. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or any use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. The Service Provider does not have any authority whatsoever to bind Poshora in any respect. All Service Providers are independent contractors. Neither Poshora nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
PAYMENT TERMS AND COMMISSION
Poshora shall make the payment of the Service Provider on weekly basis. The payment shall be made on the principle of "No work-No payment". The fee agreement/arrangement shall be made with the Service Provider individually and the quantum of fee shall depend on the type of service provided and experience and expertise of the Service Provider. The fee arrangement is made on individual level and cannot be compared with other service provider on the same genre of work. The payment shall be made the designated account of the Service Provider and No cash payment shall be made. Both Poshora and Service provider shall maintain a register of payment and shall be liable to provide evidence to the other party when needed.
LICENSE AND QUALIFICATION
The Service provider shall provide all the license, certificates, documents, qualifications required for performing the service of the particular field of Skill (i.e., driving license, engineering degree certificate, diploma certificate or any document to prove that the Service Provider holds the expertise skill, qualification or authorization to conduct the assigned/enlisted task). If the Service Provider fails to provide the license, certificates, documents, qualifications or authorization within …. Days of this agreement his/her enlistment shall be cancelled.
AUTHENTICTY OF DOCUMENTS
It shall be deemed that the Service Provider has provided copies of original and valid document (as indicated in clause no. 5). If it is discovered by Poshora that any document is fake and fabricated then his/her enlistment shall be cancelled and he/she shall be subject to legal action.
CRIMINAL RECORD
Service provider hereby declares that, he has no criminal case filed against him or no court order/warrant/ judgment has been issued against him. If it is found that Service Provider deliberately hides or does not disclose any information then Poshora shall immediately cancel his enlistments along with his due payments (if any) and shall make him subject to legal action.
LEGAL RESPONSIBILITY
Poshorabd.com is the platform acting as a facilitator for the Users and Service Providers can take advantage of this by creating an online marketplace, to make independent agreement between the Service Providers and Users. The Service Providers enlisted in Poshorabd.com are completely independent contractor/entity and the Service Providers are not agents or employees of Poshorabd.com. The Users and Service Providers make independent contract and the service providers are responsible individually/collectively for the quality of service as per order specifications provided by the service users.
If any User raises any claim or complaint regarding the quality of service or lack of professionalism of the service provider, then Poshora shall take the complaint into account and investigate into the matter and shall ask the Service Provider to provide reasonable justification for such complaint.
If Poshora finds that the complaint raised is a valid complaint, then Service Provider shall pay or adjust the amount as decided by Poshora and such amount shall be paid to the Complaining User. If any complaint found not reasonable then the complaint shall not be entertained.
ACCIDENTS AND CRIMINAL ACT
If the Service Provider makes any damage to the property of the User or the Service provider does any criminal act in the course of providing service, then such liability shall lie with the Service Provider independently and Service Provider shall completely be liable to pay the damage incurred. In the case of any criminal act (such as theft/harassment/dacoity/ grievous hurt etc.), Service Provider shall be personally liable for the criminal action.
Poshora may take active role in settling the disputes between the User and Service Provider in the circumstances where it seems fit and proper. As Poshora’s reputation is associated with the service of the Service Provider therefore Poshora may take active role in settling matter or filing cases or any other necessary steps.
QUALITY OF SERVICE
The Quality of service of the Service Provider shall be monitored by Poshora and Poshora shall keep the record of quality of services based on the feedback by the Users and other investigations. Based on the quality of service the Service Provider shall receive order.
MEDICAL PRECAUSION
Service Provider must take medical precautions necessary and appropriate for the place and circumstances and take measures such as Mask, PPE, gloves at all the circumstances during the course of providing service. In no circumstances the Service Provider shall enter into the premises of the User without proper medical protective measures.
TERMINATION by POSHORA
Poshora shall have the absolute right to terminate (Listing out) any service provider anytime without assigning any reason whatsoever.
TERMINATION by SERVICE PROVIDER
Service Provider retains the freedom to terminate the legal relationship with Poshora anytime with a 3 days’ notice. However, the Service Providers shall not be able to terminate this agreement in the course of doing any ongoing work.
CONFIDENTIALITY AND SOLICITING PROHBITAION
The Service Provider cannot in no circumstances provide his/her personal information or request the Users information to provide service in personal capacity. The Users are regarded as Poshora’s client and therefore the Service Provider cannot solicit for them for providing services in personal capacity. Upon finding out of such act by the Service Provider, Poshora may impose fine the Service Provider, cease the payments or take any other appropriate legal action depending on the circumstance.
The Parties also acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with the preparation and performance this Agreement are regarded as confidential information. Each Party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party.
CONFLICT OF INTEREST
Subject to the provision of section 14, Service Providers are allowed to work as a Free-lancer and can undertake any work on personal capacity as part of their daily actives and that won’t be regarded as conflict of interest. However, by signing this agreement the Service Provider agrees that, he/she shall not work under any other Company/ E-Commerce /Competitor Company/Vendors/Franchise/Branch Office or Other form of Business Entities in any manner. Any affiliation/engagement/employment (Part-time/Full-time/Casual/Weekly/Daily) shall be regarded as direct conflict of interest and Poshora shall take appropriate measures which are not limited to impose fine, filing civil suit or cancelling the enlistment of the Service provider. In addition to that, if any User contacts the Service Provider in personal capacity and the Service Provider knows the User is a client of Poshora, then Service Provider must disclose this fact to Poshora in advance and the decision of Poshora shall prevail in order cure the conflict of Interest.
MISCONDUCT AND FINES
Misconducts are not defined in this agreement but any misbehavior, bad comment, conflict of interest, abusive language, disobedience, late service, lack of etiquette, any criminal act, embezzling, unallowed solicitation are regarded as misconducts and Poshora reserves the right to impose appropriate monetary sanction(fines) on the Service Provider.
TIME LIMIT FOR VALIDITY OF THE ENLISTMENT
This agreement is valid for 2 years from the date of commencement. This agreement can be extended based on mutual consent for agreed terms upon expiration of this agreement.
DICRESIONARY BONUS BY POSHORA
Poshora may upon its discretion share monetary award/bonus/profit with the Service Provider, however, that shall not be binding on Poshora on regular terms.
GOVERNING LAW
Upon rising any dispute with regard to this agreement, The Contract Act 1872 (Bangladesh) shall be applicable in resolving the disputes. .