Posted as of March 1st 2023
Last updated as of April 1st 2023
1. Definition and Interpretation
1.1.1. Applicable Laws - shall mean and refer to all the laws, rules, ordinances, by-laws, etc., and amendments thereafter, applicable within the territory of India.
1.1.2. Content – shall mean and refer to all the text, advertisement, graphics, client’s interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
1.1.3. Third Parties – shall mean and refer to all the legal entities either individual or entity linked on the Website or Application apart from the client’s and the creator of this Website and Application.
1.1.4. Service – shall mean and refer to all the company's digital marketing and promotion activities for the goods and services of the client.
2. Platform Overview
2.1. www.obillia.com is owned by a private company incorporated and registered in India that strives to simplify the process of finding, networking, working, and connecting while ensuring client’s project are completed within the stipulated deadline and with proper quality of work. At the same time, Obillia covers all ancillary requirements from storage, engagement, management, tracking and invoicing.
2.2. Once a client (user) registers to the platform, they can post jobs/projects (not full-time) with a budget, timeline, description, and scope for sellers to apply or invite suggested sellers to apply to their jobs. Clients can also browse for seller profiles and directly message them to set up the project.
2.3. Once applications are received, the client can decide to contact any number of sellers from the application to discuss details, finalise a particular seller, and request a contract proposal based on the agreed-upon terms. The seller sends a contract that can be accepted, rejected or sent for rework. Once the contract is accepted with or without milestones, a workspace opens with a milestone tracker, file sharing and project chat system. Clients are requested to fund the first milestone or the entire project (if no milestones); these funds will be held by Obillia and are only released to seller post-approval of milestones/delivery If the client refuses to pre-fund, the project will not initiate.
2.4. Once funded, sellers work on the project and deliver milestones on agreed-upon dates, and payment is released to the seller once approved. The next milestone begins only after approval of the previous milestone and funding of the upcoming milestone. Clients receive an order confirmation email until milestones are approved; once approved a GST-compliant invoice is made available for the client through Obillia. After completion of projects, clients have 14 days to download all data from the workspace as workspace files are deleted automatically for security and storage concerns.
2.5. Clients can leave ratings and reviews of the freelancer they have worked with. If clients need services of multiple sellers at once for the same project, they can connect with Obillia’s bundled service option and provide information about the project. Obillia will then directly contact the best sellers suited for the project and send their profiles to the client for approval, once agreed upon, Obillia and the Client create a contract, and all the parties are added to a third-party workspace software (like teams, slack, Zoho etc.). Once the project is completed, Obillia raises invoices and pays the seller upon agreed dates. Obillia also has exclusive partners to work on certain services, similarly, using these services to the above-mentioned paragraph.
3. Services on the Platform
3.1. The company has created this online Platform that allows our Vendor’s who comply with these Terms to offer and sell their services listed to their clients on this Platform. You may be able to conduct payment and other transactions through the Platform as well, And also you use the Service and the Platform at your own risk.
3.2. Obilla will provide a marketplace and workspace for vendors to register, apply to job posts, connect with clients and provide services through a workspace with limited file sharing storage. Obillia will undertake all invoicing to the client.
3.3. Professional skill and talent-based services across multiple categories through 3rd party sellers and exclusive partners in Design, Video, Animation, Music & Audio, Writing, Translating, Programming and Tech, Marketing, Photography, Videography, Business, Consulting, Admin and many more categories in the future. To avail of the Services through our Platform, the clients/Vendor need to sign-up on the Platform, as per the sets mentioned under this Terms and Use and other relevant policies, as attached on the Platform.
3.4. Vendors are free to provide multiple services under the categories mentioned in Obillia in the fields of Design, Web Development, Marketing, Audio, Visual, Video, Animation, Writing, Translation, Business, Photography, Videography. Obillia requires vendors to only provide finished services and no brokerage or poor-quality services are entertained.
5.1. Registration on the Platform is mandatory for Website and Application Users/Vendors. The Users/Vendors can register by providing the following information:
ii. Phone Number (*Mandatory); and
iii. Email ID.
iv. Registration is mandatory via email to access functions as a client.
v. No Facebook or Google Plus log-in as of now
vi. KYC documents like PAN, Aadhar.
viii. Signature Scanned copy will be collected for background verification and TDS/GST implications.
5.2. Obillia also collects data on time spent and activities inside the platform to provide reports and usage analytics.
6.3. You shall not use the Website and/or Application if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rule, or regulation, currently in force.
7.1. Payments will only be made to Indian Bank Accounts under the name of the registered user, no other form of payment methods will be entertained for sellers.
7.2. Payout terms for vendors
7.2.1. Each non-GST vendor will be paid within 14 days from the date of approval of project by the client. Once client approves the work done by the vendor, payment will be initiated to the vendor after deduction of platform fee as agreed to and/or applicable taxes if any.
7.2.2. Obillia reserves the right to withhold payouts if disputes are raised by the client for the work done by the vendor.
7.3. Payment terms and Vendor’s Subscription
7.3.1. Obillia provides subscription plan for the vendors to work more and also in the same time earn adequate amount of consideration. With various plans, vendors can reduce platform fees or even completely remove it by committing to our subscription plans.
7.3.2. The subscription plans also allow vendors to get more access like extra full storage workspaces, apply to more jobs (using connects) and interact with more fellow vendors in the platform.
7.4. The subscription plan will have a monthly and Annual payment cycle system. through which vendor’s have to make the monthly or Annually payment to the company.
7.4.1. Monthly subscription plan payment should be made within the due date for his month. There will be no cancellation and no auto renewal of the monthly plan unless it is agreed by vendor and the company.
7.4.2. Annual subscription plan is a one time payment for annual subscription, It can be cancelled within 14 days for full refund for first time subscription only. Cancellation after 14 day period will not able to provide full refund, Obillia will deduct the used up 30 day cycles plus existing 30 day cycle. Cancellation fee amounting to the cost of 3 months subscription is levied.
7.4.3. Subscriptions are activated immediately, once the payments are completed. Vendors can also purchase one off features like additional storage, more connects to apply for jobs from the company. It will activated immediately.
7.5. For making all payments for Services on the Website and/or Application, you shall be required to make a payment for which you will be redirected to a Third-Party payment gateway with which we may have an agreement. The Third-Party payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable, as per their terms and conditions. The Third-Party payment gateway consists of Razor Pay/Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s terms and Conditions and other policies for the purpose of all payment-related aspects. We hold no responsibility for any act, omission, or negligence towards you on the Third-Party payment gateway.
8.1. General: All the Content is generated/provided or based on information provided by the Users or Third Parties. We have no control and make no guarantees regarding the quality, accuracy, integrity, and/or genuineness of such Content or other information provided on the Platform.
8.2. All the Content displayed on the Platform is subject to copyright. It shall not be reused by You (or a third party) without the company's and copyright owner's prior written consent.
8.3. You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Platform, and whilst feedback and comments by You can be made via the Website and/or Application, we bear no liability whatsoever for any feedback or comments made by the other Users/Sellers or made in respect of any of the Content on the Platform. Further, the company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the company or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.
8.4. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. You shall not copy, adapt, and modify any Content without written permission from the company.
a) Your use of the Website and/or Application;
c) Your violation of any rights of another Parties, Users, and/or Third-Party;
e) Your conduct in connection with the Website and/or Application.
9.2. You agree to fully cooperate in indemnifying the company at your own expense. You also agree not to settle with any party without the company's consent.
9.3. In no event shall we be liable to compensate you or any Third Party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising out of or in connection with your use of, or access, or availing Services from or materials contained therein on the Website and/or Application.
10. Limitation of Liability
10.1. We are not responsible for any consequences arising out of the following events:
10.1.1. if the Website and/or Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
10.1.2. if you have fed incorrect information or data or for any deletion of data;
10.1.3. if there is an undue delay or inability to communicate through email;
10.1.4. if there is any deficiency or defect in the Services managed by the company; and
10.1.5. if there is a failure in the functioning of any other Service the company provides.
10.2. The Website and/or Application accepts no liability for any errors or omissions on behalf of itself or for any damage caused to you, your belongings, or any Third-Party resulting from the use or misuse of the Platform or any Service provided by the company through the Platform. The Service and any Content or material displayed of the Services are provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Platform.
10.5. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
11. General Terms
11.4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
11.5. It is also hereby declared that we may discontinue the Services on the Websites and/or Application without any prior notice.
11.6. Accepting our policy as a Non-GST seller also means that they authorise us to raise self-raising invoices that amount to prices after deducting GST and Platform fees.
11.7. When non-GST sellers agree to create an account they are confirming they do not cross the GST revenue threshold limit and are not registered under GST. We suggest sellers register under GST when they cross the threshold limit. Sellers also agree that they are a resident of India.
11.8. Projects can be online, on-site or hybrid. Delivery files should be shared via obillia to address any disputes later. Obillia will not protect vendors if projects are carried out outside the framework.
11.9. During Background verification, vendors must share links, documents, websites or any other form of reference to showcase their previous work or skills for a better chance at approval.
11.10. Vendors must ensure consistent quality of service to the clients and ensure they adhere to client requirements; repeated poor-quality deliveries can lead to a reduction rating and even suspension and/or cancellation of vendor accounts.
11.11. Sellers are allowed to contact other sellers to seek services for their own or outsourced work. In this situation, sellers who act as clients are bound by the same Terms as a client. The seller seeking service shall make payments, agree to accept work and complete all duties as a client in the platform.
11.12. When clients explicitly request packaged or unique projects, Obillia may get in touch with seller. Such project requests may be accepted or rejected by sellers. These projects might operate under various conditions and depend on outside resources to finish. Payment procedures and conditions are flexible and tailored to each project's requirements. Prior to the start of the project, Obillia will go through the conditions.
11.13. If vendors have doubts regarding the nature of the information that needs to be shared to complete the job, they can contact obillia via firstname.lastname@example.org to clarify their doubts.
12. Special Terms
12.1. The forthcoming specific obligations shall be applicable to vendors/sellers having GST registrations only. Over and above, the above mention obligations.
12.2. Certain invoicing and access features will be different if you are a GST seller. GST sellers are needed to certify they are GST registered upon signing-up, in such case, GST sellers will get in touch with the Obillia team and tailor-made plans are built for the same.
12.4. When the possibility is made accessible, customized subscription plans may be relevant to GST sellers.
12.5. GST vendors may have varied access to the site.
12.6. In the event that Obillia introduces a GST Self-Billing system, GST sellers may be required to accept Self-Billing invoices.
12.7. GST sellers are supposed to invoice Obillia with the amounts prescribed in the system. Payouts are only against proper invoices.
12.8. GST seller payouts will be within 14 days of completion of project/milestone or 5 days from receiving invoices, whichever comes later.
12.9. GST sellers can write to us at email@example.com for any queries.
13.1. In its sole discretion, we reserve the right to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
13.2. We also reserve the universal right to deny access to You to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users/Sellers to the Website.
13.3. Any violation will lead to suspension post-investigation by the obillia team; during the investigation, Obillia has the right to terminate the vendors' accounts.
13.5. Any sharing or requesting of personal information or information pertaining to causes that leads to projects being carried out of Obillia will be marked as violation unless it is explicitly for carrying out the project.
13.6. We reserve the right to limit, deny or create different access to the Website and its features concerning different Users/Sellers or to change any of the features or introduce new features without prior notice.
By using this Website and/or Application and providing your identity and contact information to the company through the Website and/or Application, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.
You can report to “firstname.lastname@example.org” if you find any discrepancy with regard to Website and/or Application or Content-related information, and we will take necessary action after an investigation. The response with resolution (if any issues are found) shall depend on the time taken for investigation.
15. User obligations and formal undertakings as to conduct
You agree and acknowledge that you are a restricted user/sellers of this Platform, and you:
15.1. agree to provide genuine credentials during the process whenever required on the Website and/or Application. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;
15.2. agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided is valid at all times and shall keep your information accurate and up-to-date;
15.3. You agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;
15.4. understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the Services through the Website and/or Platform;
15.5. authorize the Platform to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes, and for optimisation of User-related options and Services;
15.7. are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission;
15.8. agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its Content or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive Content on the Platform; and
15.9. expressly agree and acknowledge that the company does not own the Content generated by the Users/Sellers and displayed on the Platform and that we are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Platform at our sole discretion.
You further undertake not to:
15.10. engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
15.11. impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
15.12. probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Platform, or any other viewer of the Platform, including any User account, maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
15.13. disrupt or interfere with the security of, or otherwise cause harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platform;
15.15. violate any code of conduct or guideline which may apply for or to any particular Service offered through the Platform;
15.16. violate any applicable laws, rules, or regulations currently in force within or outside India;
15.18. commit any act that causes the company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Platform;
15.19. you hereby expressly authorize the company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;
15.20. by indicating your acceptance to use any Services offered through the Platform, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail Services where the transactions have remained incomplete;
15.21. you agree to use the Services provided by the company, our affiliates, consultants and contracted companies, for lawful purposes only;
15.22. you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details you provided at any time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the order and debar you from using the Platform without prior intimation whatsoever;
15.23. you agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
15.23.1. belongs to another person and to which you have no right to;
15.23.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
15.23.3. is in any way harmful to minors;
15.23.4. infringes any patent, trademark, copyright or other proprietary rights;
15.23.5. violates any Applicable Law for the time being in force;
15.23.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
15.23.7. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
15.23.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
15.23.9. publish, post, disseminate any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's Privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and
15.23.10. threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
15.24. Obillia requires vendors to not share any information such as personal information, like phone number, email ID, social media accounts etc to the client, unless specifically for the purpose of completion of the project/task at hand. Any personal details shared in any manner that incentivises the client to work outside the framework of Obillia will be marked as a violation. Any vendor requesting the same from a client is also marked as violation. All project deliverables should be through the workspace and/or chat, vendors can share personal cloud storage links via chat to share files crossing the limit in Obillia.
16. Suspension of User/Sellers access and activity
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminating your association with the Platform, and/or refusing to the usage of the Platform, without being required to provide you with notice or cause:
b. if you have provided wrong, inaccurate, incomplete or incorrect information; and
c. if your actions may cause any harm, damage or loss to the other Users or the company, at our sole discretion.
17. Intellectual Property Rights
17.2. Vendors are allowed to use the Intellectual Property of Obillia such as the Trademark logo, name, and website, to promote their services and portfolio. However, users/sellers, in general, are not allowed to run ads that contain Obillia Trademarks and properties.
17.2. You shall not use any of the Intellectual Property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users/sellers of the Platform or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.
17.3. Vendors should ensure their work does not infringe any protected data, content or information of the client or the company. If any user raises such violations/issues, Obillia reserves the right to suspend and/or terminate the vendor account immediately.
17.4. You are aware all Intellectual Property, including but not limited to copyrights, relating to said Services resides with the owners and that at no point does any such Intellectual Property stand transferred from the aforementioned creators. You are aware that we merely provide the Platform through which you can communicate with other Users. The Platform does not own any of the Intellectual Property relating to the independent Content displayed on the Platform, apart from created graphics and specified Content.
18. Disclaimer of Warranties and Liabilities
18.2. Obillia does not guarantee the quality of work delivered by the sellers to the client, delivery, once approved, cannot be cancelled. Obillia wants to be free of any lawsuits pertaining to issues with quality/delivery/timeline of work and no-shows from either party that lead to projects being held up. Obillia only acts as a mediator and can only assist either party with the required information to help their case be stronger.
18.2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
18.3. We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free or that the Platform or its server will be free of viruses or other harmful components. You hereby expressly accept any associated risks involved with your use of the Platform.
18.3. Clients who post job posts or request services that include illegal, obscene or unethical requests can be suspended or removed from the platform. Job posts can be subjected to review if required.
18.4. Users/Sellers are not allowed to promote other websites or their websites or links that invite other users to go to website links. Inviting people to social media accounts or competitive sites will be marked as a violation.
18.5. Sellers are requested not to ask for or share personal or company details of the clients unless it is directly related to the completion of the job. Please consult email@example.com if you have any questions regarding the same.
19. FORCE MAJEURE
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence due to force majeure events, including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorised.
20. DISPUTE RESOLUTION AND JURISDICTION
In the event the Parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the Parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of the arbitration shall be English. The seat of arbitration shall be Kerala, India.
21. MISCELLANEOUS PROVISIONS
No. 4/461, 2nd Floor, Suite No. 1497, Valamkottil Towers,