Terms of Service
The goHyP terms of website define how Users may make use of goHyP whether as a guest or a registered user. They contain the heavy but important stuff so please read them carefully.
1. THE PROCESS
- Services are offered on goHyP through Manday rate, which are fixed price services; or Custom Jobs, which can be fixed price, price per manday or price per item.
- On Commencement of a Job the Employer/Business Owner tranfers funds/credits into the Escrow Account, and the Employer/Business Owner must confirm their requirements upfront in the WorkStream.
- The Engineer/Professional must provide regular progress updates and respond within one (1) working day to all messages from the Employer/Business Owner, in the WorkStream.
- Engineer/Professional must deliver work within the delivery times either defined in their contract, or agreed with the Employer/Business Owner upfront in the WorkStream for Custom Jobs.
- Once the Job has been completed the Engineer/Professional will raise a request to receive payment, including the release of funds held in the Escrow Account. Engineer/Professional must not request payment upfront before work has been completed. Employer/Business Owners must submit the Project as Finish to release the payment within the 7 day after work has been completed.
- All payments for work completed must go via goHyP unless goHyP has given its express written permission otherwise in relation to a specific payment or invoice; attempts to pay outside of goHyP will lead to sanctions not limited to immediate account suspension. Users must immediately report to goHyP any offers to pay outside of goHyP made by their Employer/Business Owner or Engineer/Professional.
- Once payment has been made, Employer/Business Owners are granted all rights for the delivered work.
- For purposes of service messages, notices, offers and news about goHyP, Users receive alerts on certain pages and emails to the email addresses associated with their accounts.
2. USER ACCOUNTS
- To use goHyP, Users have to register for an account, provide accurate and complete information, and keep their account information updated.
- After the registration process is completed by Engineers/Professionals, goHyP will request for documents and credentials to evaluate the Engineers/Professionals skill and expertise. goHyP team will verify the details provided by Engineers/Professionals before approving there candidature on goHyP. Upon successful approval Engineers/Professionals will have full acess to all the features of goHyP. The entire process will happen within 7 working days with the support from Engineers/Professionals.
- After the registration process is completed by Employer/Business Owners, goHyP will send a confirmation mail link to confirm the email ID. Upon successful confirmation Employer/Business Owners will have full acess to all the features of goHyP.
- Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).
- Users cannot register for more than one account.
- goHyP reserve the right to restrict your access, temporarily or indefinitely block your account, stop any Jobs you have in progress, warn other Employer/Business Owners and Engineers/Professionals of your actions or issue you a warning if:
- you breach the letter or spirit of these terms and conditions or the referenced policies;
- we are unable to verify or authenticate any information you provide to us;
- we believe that your actions may cause any loss or liability to our Users or to us
- Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person’s user account or registration information for the Website.
- All direct communication between Employer/Business Owner and Engineers/Professionals must go via the Work Stream to keep both parties protected in case of a Dispute.
- A Engineer/Professional cannot share or reveal his/her contact details like – Phone number, email ID & Skype ID on goHyP.It is against our terms of service. The whole conversation should be held on the portal itself to safeguard the interest of both our Employer/Business Owner and Engineers/Professionals . If any user is found revealing contact details, it could lead to suspension of the Account.
- The Engineers/Professionals must not request a release of funds from the Escrow Account prior to Job completion; the purpose of funds being held in the Escrow Account is to provide the Engineers/Professionals with the security needed for them to undertake the work. Employer/Business Owners must report such cases immediately. In such cases the Engineers/Professionals account may be temporarily or permanently suspended.
- All payments between Employer/Business Owner and Engineers/Professionals must be processed through goHyP, both for work sourced on goHyP and for any follow on work between the Employer/Business Owner and Engineers/Professionals, either for the same Job or another Job. A Engineers/Professionals may seek express written permission from goHyP to allow payment by alternative means for a specific invoice or payment if the Engineers/Professionals intends to issue proceedings or pursue legal action against the Employer/Business Owner.
- Payment (or attempt of) outside of goHyP is a breach of these terms and conditions unless the prior express written consent of goHyP has been obtained. Such payment (or attempt of) and will lead to temporary and/ or permanent suspension of the Employer/Business Owner and/ or Engineers/Professionals ‘s account. The Engineers/Professionals will be liable for any loss of business and legal expenses that goHyP may incur in recovering it. goHyP reserve the right to sanction funds held in the Engineers/Professionals ‘s wallet in order to recover lost fees. Moreover, goHyP will not mediate any Disputes or be liable to either the Employer/Business Owner or Engineers/Professionals ‘s loss of business as a result of violation of this clause. Users must report attempts or offers to make payment outside of goHyP by their Employer/Business Owner or Engineers/Professionals to goHyP immediately.
- Payments by Employer/Business Owners are routinely checked by goHyP for fraud prevention purposes, before any payments are released to the Engineers/Professionals . goHyP aim to process these payments and credit funds to the Engineers/Professionals ‘s goHyP wallet within three (3) working days, however goHyP reserve the right to take up to ten (10) working days.
- To withdraw funds from their goHyP Wallet a Engineers/Professionals needs to request a withdrawal. goHyP process payments daily and will send the money to the Engineers/Professionals via their selected payment preference. Once goHyP has processed payments, they are then subject to timescales imposed by the banking clearing system. (Minimum credit of INR 501.00 to be available in credit balance for requesting to withdraw)
- For security reasons, goHyP reserves the right to request additional information from Employer/Business Owners and Engineers/Professionals s, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:
– a copy of a Government issued ID (Passport, Driver’s License or Adhar Card);
– a copy of a recent utility bill showing your name and address (less than 3 months old);
- In using the Escrow Account goHyP act, subject to these terms and conditions, on the User’s behalf. goHyP hold the funds in a separate client account. goHyP is not a deposit taking body and any monies held by goHyP on a User’s behalf are not insured deposits. Users will not receive interest or other earnings on the funds in their Escrow Account or goHyP Wallet. goHyP will endeavour to ensure that the funds in the Escrow Account or goHyP Wallet are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.
- If goHyP has to return funds to the Employer/Business Owner due to the Employer/Business Owner (contrary to these Terms and Conditions) filing a dispute or requesting a payment be reversed through its credit card provider, bank or Razorpay then goHyP will be entitled to recover any such amount from the Engineers/Professionals ’s goHyP Wallet (and if insufficient monies are in the Engineers/Professionals ’s Wallet), credit card or other previously made payment method if available. If goHyP is unable to recover the amount returned to the Employer/Business Owner from the Engineers/Professionals in full then the Engineers/Professionals agrees to pay to goHyP any outstanding sums within 48 hours of goHyP making a request.
- To prevent funds being held indefinitely in the Escrow Account, goHyP will notify the Engineers/Professionals in the event of funds being held in an Escrow Account for a Job that i) does not have an unpaid Invoice nor an open Dispute; and ii) has not had any activity in the WorkStream for a period of one (1) calendar month or longer. Activity is defined as any action by the Employer/Business Owner or Engineers/Professionals in the WorkStream such as: a message posted, an Invoice is raised, a deposit into the Escrow Account made or a Refund Request raised.
- The Engineers/Professionals will be asked to confirm either i) that the Job is still in progress by posting a message to the Employer/Business Owner in the Work Stream with an update on progress; ii) that the Job has been completed by raising an Invoice in accordance with the terms defined; or iii) that the Job was cancelled and issuing the Employer/Business Owner with a refund in accordance with the terms.
- If no action is taken by the Engineers/Professionals within seven (7) days it will be assumed that the Job was not delivered by the Engineers/Professionals and the funds held in the Escrow Account will be automatically refunded back to the Employer/Business Owner’s goHyP Wallet..
- If the Employer/Business Owner is not satisfied with the deliverables they can reject the invoice and provide the Engineers/Professionals with detailed feedback on what work remains outstanding. The Engineers/Professionals must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Employer/Business Owner;
- If the Employer/Business Owner does not either i) leave feedback for the Engineers/Professionals, nor ii) reject the invoice, the funds held in the Escrow Account will be automatically released on their behalf to the Engineers/Professionals as payment after seven (7) days.
- If the funds held in the Escrow Account are released to the Engineers/Professionals, goHyP and the Engineers/Professionals will be entitled to assume that the Employer/Business Owner is satisfied with the Job and does not have a dispute of any kind in relation to the Job. The Employer/Business Owner agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or Razorpay account.
- When the Job is completed and the Seller has been paid by the Employer/Business Owner, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User’s ranking on goHyP.
- Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to goHyP.
- Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.
- After the Commencement of a Job, the Buyer or Seller may request a cancellation:
- the requestor must notify the other party of the cancellation by placing a message in the Work Stream. Once notified of a cancellation the Seller should stop working on the Job immediately;
- if the Buyer fails to notify the Seller in the WorkStream that they wish to cancel the Job and the Job is subsequently completed, the Buyer must pay for the service delivered in accordance with these terms and conditions and should not seek to file a dispute or reverse payment with their credit card provider, bank or Razorpay.
the parties should agree in the WorkStream what payment is necessary for any work completed (or time spent, if it is a per hour Custom Job). If the cause of the cancellation was not due to the circumstances attributable to Engineer/Professional the Engineer/Professional is entitled to request payment at minimum equal to the value of the deposit funds held in the Escrow Account.
- REFUND POLICY
- A Employer/Business Owner/Business owner is entitled to receive a refund of funds held in the Escrow Account excluding the refund fee, under the following circumstances:
- no response: the Engineer/Professional has not responded in the WorkStream within three (3) working day of the Commencement of the Job;
- The Engineer/Professional did not deliver the scope of work within the delivery timescales indicated in the project timeline.
- for fixed price or price per item Custom Jobs, non-delivery means agreed scope of work was not delivered within the agreed timescales;
- for per hour rate Custom Jobs no time has been spent.
- poor quality: with the exception of per manday rate Custom Jobs, the deliverables provided by the Engineer/Professional do not meet the terms after at least two revisions have been provided by the Engineer/Professional in response to detailed feedback from the Employer/Business Owner/Business owner; or
- the Engineer/Professional lost a Dispute.
- Employer/Business Owner/Business owner and Engineer/Professional may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by goHyP.
- Refunds are only applicable to funds held in the Escrow Account.
- Employer/Business Owner/Business owner must avoid filing a dispute or reversing payment through their credit card holder, Bank or Razorpay. Attempts to seek a refund in this way will lead to the Employer/Business Owner/Business owner’s account being automatically suspended.
- In case a Employer/Business Owner is entitled to a refund, the Employer/Business Owner receives the funds requested minus a refund fee equal to 10% of the requested amount. The refund fee is waived in case the Engineer/Professional is at fault for the refund..
- REQUESTING A REFUND
- A Employer/Business Owner/Business owner can request a refund of the funds held in the Escrow Account excluding the refund fee, by writing an email to goHyP specifying a reason for their request. (email ID – firstname.lastname@example.org)
a) the Engineer/Professional must either approve or reject the Refund Request. Rejected Refund Requests are raised automatically to goHyP for Dispute assistance and handled in accordance with Section 7;
b) if the Engineer/Professional does not respond to a Refund Request within three (3) working days (a “non-actioned” Refund Request) then goHyP may release the funds automatically back to the Buyer subject to the following clause.
- goHyP will process approved (or non-actioned) refund requests back to the Employer/Business Owner/Business owner’s goHyP Wallet subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If goHyP reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations goHyP shall not be obliged to make the refund.
Note: – goHyP will process approved (or non-actioned) refund requests back to the Employer/Business Owner’s goHyP Wallet subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If goHyP reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations goHyP shall not be obliged to make the refund.
- goHyP encourage our Engineer/Professionals and Employer/Business Owner/Business owner’s to try and resolve any disagreements between themselves. However should that not be possible goHyP Customer Services can provide Dispute resolution.
- A Dispute can be raised:
- by the Engineer/Professionals manually after a Employer/Business Owner/Business owner’s has rejected an invoice;
- by the Engineer/Professionals automatically if they decide to reject a Refund Request received from a Employer/Business Owner/Business owner’s.
- If the amount disputed is Rs.10,000 or higher, goHyP may reach out to both parties in order to mediate and try and bring the Dispute to resolution.
- goHyP will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties on the workstream, then the dispute will either be cancelled or resolved in line with the mutual agreement.
- In the event of having to make a resolution decision, goHyP will use only the communication in the WorkStream as sole evidence, and consider:
- if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the Job;
- if the Job was delivered (or the milestone was met, if the Dispute is for a milestone payment) in accordance with the terms
- for Disputes concerning the quality of the work delivered: goHyP will consider whether the Engineer/Professional has met general quality standards as defined. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;
- if the Employer/Business Owner/Business owner’s and Engineer/Professionals have complied with these terms and conditions.
In the event of having to make a resolution decision on behalf of the parties, goHyP will notify both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision and these terms and conditions. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India.
All Disputes or differences, whatsoever, arising between the Parties out of or in relation to the construction, meaning and operation or effect of this Contract or breach there of shall be settled amicably. If however, the Parties are not able to resolve them amicably, the same shall be settled by arbitration in accordance with the provisions of Arbitration & Conciliation Act 1996 and the award made in pursuance there of shall be binding on the parties. The Arbitrator/Arbitrators will give reasoned award.
The venue of Arbitration shall be Bangalore. Only the Courts at Bangalore will have the jurisdiction over any matter/disputes etc. pertaining to and arising out of the Contract.
11. Privacy Statement
12. Governing Law
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of India shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).