Standard Terms of Sale

Last updated: Dec 02, 2022

1. AGREEMENT TO TERMS

   1. This Standard Terms of Sale constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“End Users”) and the person or entity providing freelancer services (“Freelancer”), concerning the standard terms governing the provision of services performed for or delivered by Freelancers (“Freelancer Services”) on https://www.wewe.cc website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the ”Site”).

   2. End Users that agree to engage a Freelancer for Freelancer Services are free to agree to different or additional terms from this Standard Terms of Sale. However, if and to the extent that the End Users and Freelancers have not agreed to different terms, then they agree to incorporate these Standard Terms of Sale to govern the provision of Freelancer Services. End Users shall not, by agreement amongst themselves, alter the rights or responsibilities of WeWe, or agree to any terms that would violate the WeWe’s terms and policies. Neither WeWe nor any affiliate of WeWe is a party to any Terms of Sale entered into by or between End Users for the provision of Freelancer Services.

2. YOUR RELATIONSHIP WITH US

1. The Site is a marketplace where any authorized user utilizing the Site to obtain Freelancer Services (“End Users”) and Freelancers can identify each other and advertise, buy, and sell Freelancer Services online. 

2. WeWe merely make the Site available to enable Freelancers and End Users to find and transact directly with each other. WeWe does not introduce Freelancers to end users, select engagements for Freelancers, or select Freelancers for End Users. Through the Site, Freelancers may be notified of End Users that may be seeking the services they offer, and End Users may be notified of Freelancers that may offer the services they seek. However, End Users are at all times responsible for evaluating and determining the suitability of any engagement or Freelancer on their own. 

3. The parties acknowledge and agree that WeWe is not a party to the relationship or any dealings between End Users and Freelancers. 

3. SERVICES 

1. The parties agree that the Freelancer is performing services as an independent contractor and that the Freelancer is not an employee or agent of the End User. The Freelancer will perform the Freelancer Services in a professional and workmanlike manner and will timely deliver any agreed upon work product. The manner and means of performing the Freelancer Services will be determined and controlled solely by Freelancer, which is engaged by the End User as an independent contractor.

2. The parties, may upon mutual agreement in writing modify the scope or quantity of Freelancer Services to be provided by the Freelancer, including any deliverables or work product to be provided in connection with the Freelancer Services. If consent of the other party is not first obtained, the other party may reject such changes by terminating the Terms of Sale or accept such changes by continuing to work on the Terms of Sale.

4. PAYMENT TERMS 

1. The Freelancer shall only commence performance of the Freelancer Services once the End User make payment for the agreed freelancer fees (“Freelancer Fees”) for the Freelancer Services using the payment methods made available by WeWe on the Site. WeWe will hold the payment made by the End User in escrow pending the performance of the Freelancer Services by the Freelancer. 

2. In consideration with the End User’s use of the Site, the End User agrees to pay WeWe a service fee as may be imposed by WeWe from time to time (the “Service Fees”) based on the relevant rates set out in Exhibit 1 for each order placed. The Service Fees shall be due and payable at the same time as the Freelancer Fees. 

3. WeWe will only release the Freelancer Fees to the Freelancer upon confirmation of the performance of the Freelancer Services by the End User. 

5. INDEMNITIES

1. Certain Freelancers that offer local services might require End Users and Freelancers to meet in person in order for the Freelancer to perform the service. In such cases, end users should note that WeWe does not guarantee the behavior, conduct, safety, suitability or ability of either End Users or Freelancers. Both End Users and Freelancers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and WeWe has no responsibility or liability related to any local services provided by the Freelancers. In the event that the service is performed on the Freelancers’ premises, End Users are encouraged to maintain proper insurance policies to cover their liability as the premise owner. WeWe's Terms of Service and remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).

6. CHANGE AND TERMINATION

1. WeWe encourages End Users and Freelancers to resolve service disputes mutually via WeWe Platform.

2. Both parties have the right to terminate the Terms of Sale:

1. upon providing any agreed-upon notice;

2. upon completion of the Freelancer Services; or 

3. with the consent of the other party. 

3. Unless otherwise Return Policy activated, upon termination of the Terms of Sale by End User, WeWe shall refund the remaining balance of the Freelancer Fees to the End User.

7. INTELLECTUAL PROPERTY RIGHTS 

1. The Freelancer represents and warrants that the Freelancer will not incorporate or use the materials of any third party including those of any other user or any employer, in performing the Freelancer Services that are not generally available for use by the public or have not been legally transferred to the End User.

2. The Freelancer will disclose in the engagement terms any proprietary materials developed by the Freelancer which Freelancer proposes to incorporate into the proprietary material or upon which use or distribution of the work product will depend. Freelancer will separately provide, with each delivery of work product to the End User, a bill of materials that identifies all proprietary material and other third-party materials that have been incorporated into the work product.

3. Upon the Freelancer’s receipt of full payment from End User, the work product (except for the Freelancer’s proprietary material), including without limitation all intellectual property rights in the work product (except for the Freelancer’s proprietary material), will be the sole and exclusive property of the End User, and the End User will be deemed to be the author thereof. 

4. If the Freelancer has any Intellectual Property Rights to the work product that are not owned by the End User upon the Freelancer’s receipt of payment from the End User, the Freelancer hereby automatically irrevocably assigns to the End User all right, title and interest worldwide in and to such intellectual property rights. Except as set forth above, the Freelancer retains no rights to use, and will not challenge the validity of End User’s ownership in, such intellectual property rights. Freelancer hereby waives any moral rights, under applicable law in and to the work product. If payment is made only for partial delivery of work product, the assignment described herein applies only to the portion of work product delivered and paid for.

5. With regards to the Freelancer’s proprietary materials, upon the Freelancer’s receipt of full payment from End User for delivery of work product, the Freelancer hereby automatically grants to the End User an exclusive, perpetual, fully-paid and royalty-free, irrevocable and worldwide right, with rights to sublicense, to reproduce, make derivative works of, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the proprietary material incorporated in work product delivered for that payment. If payment is made only for partial delivery of work product, the license described herein applies only to the portion of work product delivered and paid for.

8. GOVERNING LAW

1. These terms shall be governed by and defined following the laws of Malaysia. Web Commerce Communications Limited and yourself irrevocably consent that the courts of Malaysia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

9. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

1. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances. or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. or to payments or the granting of credits by any means other than electronic means.

10. SEVERABILITY

1. If any provision or part of a provision of this agreement shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this agreement, all of which shall remain in full force and effect. 

11. ASSIGNMENT

1. The Parties may not assign or attempt to assign any rights or obligations or the benefit of this agreement unless it has obtained the prior written consent of the other Parties.

12. WAIVERS

1. No failure or delay by any Party in exercising any right, power or remedy under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by any Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

EXHIBIT 1

SERVICE FEES

1.    End Useragrees to pay WeWe a Service Fees of 5% per service order.

2.    End User agrees to pay WeWe a Processing Fee of 5% of an order's Return Policy.