Policies

Workforce Terms and Conditions – User Agreement

BETWEEN: Workforce Solutions Pvt Ltd – PV 118692 (“Workforce Solutions”) and a party that uses the System and/or the Site (“User”).

By using the System and/or Site you the User agree to be bound by the terms of this Agreement with Workforce.

1. User Eligibility

User acknowledges and agrees that the System is available only to persons aged 18 years old and over. User represents and warrants that he/she is 18 years old or over.

2. Workforce’s Role

The System operates as both a finder and facilitator seeking to match the needs of Users with Providers. Workforce is as a neutral facilitator and the User acknowledges and agrees it is not directly involved in the transactions between Users and Providers.

3. Feedback feature of Site

3.1 User acknowledges and agrees that Workforce operates a user feedback system, on which User may post comments, compliments, criticisms and other observations regarding Providers on the Site that are honest, fair and reasonable and which can be substantiated.

3.2 User acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system is and will be treated by Workforce as non confidential and non-proprietary and it may use such material without restriction.

3.3 User must not post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise reasonably objectionable.

3.4 User agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively effects other users of the Site.

3.5 User agrees not to impersonate any other person when posting material to the Site.

3.6 User acknowledges that any material it posts to the Site may be removed by Workforce from the Site without notice at any time.

3.7 Workforce does not warrant to the User that it or Providers will respond to questions or comments submitted by User to the Site.

4. User Warranties

4.1 Without limiting clause 3, User agrees that it will:

• (a) not use the Site for illegal purposes including without limitation by posting to the Site information encouraging conduct that would constitute a criminal offence;
• (b) not use any feature of the Site to send unsolicited commercial emails to Users, whether individually or as a group;
• (c) not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without Workforce’s prior written consent;
• (d) not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) and in particular in any enterprise of a service which is in competition with Workforce Solutions;
• (e) not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
• (f) not take any action that imposes an unreasonable or disproportionately large load on Workforce Solutions’s infrastructure;
• (g) not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Workforce Solutions or do anything that compromises the security of the Site;
• (h) not use the Site to engage in misleading or deceptive on-line marketing practices;
• (i) not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email; or
• (j) provide Workforce Solutions with complete and accurate contact details when using the System enabling Providers to contact User as requested.

5. Workforce Solutions’s Reservation of Rights

5.1 Workforce Solutions reserves the right to:

• (a) remove or refuse to post any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or this Agreement without notice to User; and
• (b) modify or discontinue any services Workforce Solutions offers at any time without notice or liability to User.

6. Intellectual Property

6.1 All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, know-how, equipment or processes, trade marks, logos and other materials shall remain the sole and exclusive property of Workforce Solutions or its licensors. User acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Workforce Solutions’s intellectual property rights.

6.2 To the extent that User submits any information or material to Workforce Solutions relating to a Job Request or for otherwise posting on the Site, User automatically grants Workforce Solutions a licence to use the information or material for the purpose for which it is provided.

7. Disclaimer and Acknowledgments

7.1 Workforce Solutions provides the System and Provider details on an ‘as is’ basis and without any warranty, express, implied or statutory as to the quality, efficacy, reliability or other attribute or characteristic of any Provider.

7.2 To the fullest extent legally possible, Workforce Solutions excludes any representation or warranty concerning the System, the Site or any third party Site referred to or connected via the Site.

7.3 Without limiting the foregoing, User acknowledges that:

• (a) Workforce Solutions does not check the truth or currency of the material or information that Providers provide or make available to it;
• (b) Workforce Solutions does not control, endorse, approve or warrant to the User the merchantability or fitness for any particular purpose of any of the goods or services of third parties (including Providers) referred to at the Site or whose identities become known to User as a result of using the System or otherwise;
• (c) Workforce Solutions does not warrant to the User that anything on the Site or any third-party Site referred to or connected via the Site is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
• (d) User should satisfy itself through its own enquiries as to the condition or suitability of any Provider, Provider Services or any other goods and/or services supplied, offered by or recommended by on behalf of a Provider. User agrees to consult professionals for advice that is specifically tailored to User’s particular circumstances;
• (e) Workforce Solutions does not offer professional advice on the fitness of any goods, services or information supplied by any third parties including Providers;
• (f) Workforce Solutions does not endorse or recommend any Provider, goods or services, including where details of a Provider are provided by Workforce Solutions to User or otherwise become known using the System;
• (g) Workforce Solutions is not a party to any transactions between User and Providers and User (and not Workforce Solutions) is responsible for paying Provider for all Jobs;
• (h) the User is responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
• (i) Workforce Solutions does not warrant to the User that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;
• (j) the Site may experience interruptions and access difficulties from time to time and that Workforce Solutions will not be responsible for such interruptions or access difficulties; and
• (k) Workforce Solutions shall not be liable for any loss or damage whether directly or indirectly incurred by User or any third person as a result of any failure or delay in Workforce Solutions doing any thing, including, but not limited to transmitting any information to User or removing any information from the Site or any Provider from the System.

7.4 User agrees that Workforce Solutions and all affiliates and related entities of Workforce Solutions have no responsibility for the legality of the actions of other users.

8. Limitation of Liability

8.1 To the extent permitted by law Workforce Solutions excludes all liability to the User or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill) arising out of or in connection with any:

• (a) removal or termination of User’s access to the System and Site; or
• (b) use of the Site or the System or information on or provided through the Site or the System or any information or advice otherwise provided by Workforce Solutions or a Provider, even if Workforce Solutions has been advised of the possibility of such loss or damage.

8.2 To the extent permitted by law, Workforce Solutions and all affiliates and related entities of Workforce Solutions expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Workforce Solutions’s sole discretion):

• (a) in the case of goods, any one or more of the following:
• (i) the replacement of the goods or the supply of equivalent goods;
• (ii) the repair of the goods;
• (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• (iv) the payment of the cost of having the goods repaired; and
• (b) in the case of services and:
• (i) the supply of the services again; or
• (ii) the payment of the cost of having the services supplied again.

9. Indemnity

User indemnifies and holds Workforce Solutions and its parent, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisors and franchisees, harmless from and against any claims, demands, proceedings, losses and damages (whether actual, special and consequential of every kind and nature including all legal fees) made by User or a Provider arising out of or in any way related to Users’ use of the Site or its breach of this Agreement, or User’s violation of any law or the rights of a third party.

10. Breach

10.1 Without limiting other remedies available to Workforce Solutions at law, in equity or under this Agreement, Workforce Solutions may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User’s access to the System and refuse to provide services to User if:

• (a) User breaches any of this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
• (b) Workforce Solutions is unable to verify or authenticate any information the User provides to it; or
• (c) Workforce Solutions believes that User’s actions may cause damage and/or legal liability for Workforce Solutions, Provider or other users.

11. Termination

This Agreement is effective until terminated by Workforce Solutions, and Workforce Solutions may terminate it and User’s right to post information and material to the Site at any time without prior notice.

12. Disputes

12.1 The procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of a term this Agreement or of the parties’ rights or obligations pursuant to this Agreement (“Dispute”).

12.2 Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists (“Dispute Notice”).

12.3 The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.

12.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:

• (a) within 5 working days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;
• (b) if the Dispute is not resolved within 20 days of the commencement of the meeting referred to in the previous sub-clause or if the meeting referred to in the previous sub-clause has not taken place within the 5 day period, the parties to the Dispute shall refer the matter to mediation;
• (c) within 5 working days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by the President for the time being of the LEADR, with the costs of the mediation to be borne equally by the parties to the Dispute;
• (d) the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and
• (e) any mediation that takes place pursuant to the operation of this clause is to take place in Melbourne, Sri Lanka.

12.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.

13. No Agency

User acknowledges and agrees that Workforce Solutions is not the User’s agent and that the User is free to accept or reject its appointment of a Provider at its sole discretion.

14. Circumstances beyond Workforce Solutions’s control

Workforce Solutions will not be liable for any failure or delay in the performance of its obligations to the User if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond its reasonable control including any mechanical, electronic, communications or third party supplier failure.

15. Use of Material on Site

15.1 Users agree that information contained on this Site is for personal use only and may not be sold, used or redistributed for any other purpose.

15.2 Users may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with Workforce Solutions’s prior written consent.

16. Website Links

16.1 Workforce Solutions may provide links and pointers to websites maintained by third parties from its Site which websites are not under the control of Workforce Solutions and Workforce Solutions is not responsible for the contents of any linked website or any website link contained in any linked website.

16.2 Workforce Solutions will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by or through any linked websites whether linked to or from Workforce Solutions’s Site.

17. General

17.1 Interpretation

• (a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• (b) User agree that this Agreement may not be construed adversely against Workforce Solutions solely because Workforce Solutions prepared it.
• (c) The singular includes the plural and vice-versa.
• (d) A reference to a person includes any corporation or body corporate.

17.2 Definitions

In this Agreement the following terms have the following meanings:

• “Job” means the provision of goods and/or services by a Provider to a User that arises out of a Job Request.
• “Job Request” means a request made by the User using the System (whether made by phone, through the Site or otherwise) seeking offers for the provision of goods and/or services from Providers.
• “Provider” means any person or entity who is or may potentially be matched to a User Job Request and except where the context requires otherwise includes any person engaged by such a person to provide goods or services in connection with a Job.
• “Provider Services” means the goods and/or services that Provider offers and/or provides to Users and proposals to provide.
• “Site” means the website operated by Workforce at workforce.lk or on any affiliate website.
• “System” means the system operated by Workforce Solutions as described in this Agreement, and as developed by Workforce Solutions from time to time.

7.3 Governing Law

This Agreement shall be governed in all respects by the laws of Sri Lanka. The User irrevocably submits to the non-exclusive jurisdiction of the courts of Sri Lanka.

17.4 Severability

The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.

17.5 No Waiver

Workforce Solutions’s failure to take action with respect to a breach by User or others does not waive Workforce Solutions’s right to take action with respect to subsequent or similar breaches.

17.6 Entire Agreement

This Agreement and those policies incorporated by reference herein set out the entire understanding and agreement between the parties with respect to the subject matter hereof.

17.7 Survival

Those clauses capable of surviving termination of this Agreement shall do so.

17.8 Notices

Workforce Solutions may provide notices to User by simply posting the notice on the Site. This is in addition to any other mode of services permitted by law.

17.9 Variation

Workforce Solutions may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the website.

Workforce Terms and Conditions – Provider Agreement

THESE TERMS AND CONDITIONS GOVERN THE RELATIONSHIP BETWEEN Workforce Solutions (Sri Lanka) PTY LTD PV 118692 (“Workforce Solutions”) AND THE SERVICE PROVIDER (“PROVIDER”)

This is a legal agreement (“Agreement”) for use of Workforce Solutions’s services, including but not limited to referral generation and workflow management services (the “Services”) which the “Provider” has selected or initiated. The “Provider” refers to the individual or business who registered and/or provided Workforce Solutions his, her or their credit card or other payment mechanism for the Services or, if an individual is purchasing the Services on behalf of an entity authorised to purchase the Services on behalf of such entity, then the Provider refers to such entity. If the Provider does not agree with the terms of this Agreement, either do not sign the Agreement or alternatively if the transaction is being conducted using the internet, do not complete the Registration form and do not use or join the Services. Payment of any fee by the Provider is adequate proof of acceptance and agreement of Provider Agreement.

This Agreement includes and is subject to any further terms and conditions set out in The Offer and Offer Acceptance. If there is any inconsistency between this document and The Offer Acceptance, the terms set out in The Offer Acceptance shall prevail.

Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

If you do not agree to these Terms and Conditions or any part thereof, your only remedy is to not use the Workforce Solutions Site or Service. VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE Workforce Solutions SITE OR SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE Workforce Solutions SITE OR SERVICES AT YOUR OWN RISK. NO REFUND OF ANY MONEYS PAID TO Workforce Solutions CAN RESULT FROM TERMINATION OF THIS AGREEMENT.

1. Right to Accept or Reject Application

Provider acknowledges that Workforce Solutions reserves the right to accept or reject at its sole discretion any application for Registration. Provider agrees to supply documentation required by Workforce Solutions to verify its qualifications and ability to perform Provider Services. Should an application for Registration be rejected by Workforce Solutions at its sole discretion, any money paid by Provider to Workforce Solutions will be fully refunded as soon as practicable.

2. Workforce’s Role

Provider acknowledges and agrees that Workforce Solutions’s role is as a neutral facilitator only and it is not directly involved in the transactions between Users and Providers and will not be involved in or a party to any agreement or arrangement between Provider and any User regarding any Job.

3. How the Workforce Solutions Marketplace Works

3.1 If Provider receives a Job Referral Notification or views a Job Referral that appears on the Site, it may, in its discretion choose to pursue or not pursue the Job Referral. To pursue a Job Referral, Provider must accept the Job Referral using the mechanism provided by the Service.

3.2 Provider is not capable of accepting a Job Referral that has already been accepted by the maximum number of Providers from whom User has requested quotes or estimates at the time of purported acceptance by Provider, whether or not Provider has been notified by Workforce Solutions of this or not. If Workforce Solutions is contacted by Provider in relation to an already accepted Job Referral, Workforce Solutions will endeavour to notify Provider that the Job Referral is no longer capable of acceptance by the Provider as soon as possible but does not guarantee to do so.

3.3 Subject to clause 3.2, upon Provider notifying Workforce Solutions of its acceptance of a Job Referral, Provider shall be liable to pay (in accordance with The Offer) to Workforce Solutions the applicable Job Referral Fee (where applicable) which shall be non-refundable. Workforce Solutions will then send Provider the applicable User’s contact details and any other details relevant to the Job Request. Where Provider has entered into an Income Guarantee agreement, Provider agrees to be bound by the Terms and Conditions of the Income Guarantee and published on the executed Income Guarantee Agreement. Where Terms and Conditions of the Income Guarantee Agreement are inconsistent with this Agreement, the Terms and Conditions of the Income Guarantee Agreement will prevail.

3.4 If any User’s contact details given to Provider by Workforce Solutions are incomplete or inaccurate and do not enable Provider to contact the User, Provider must notify Workforce Solutions within 24 hours of discovering this and Workforce Solutions will endeavour to confirm the accuracy of the relevant User’s contact details and provide revised contact details to Provider.

3.5 If Provider accepts a Job Referral, Provider must contact the User within 24 hours of Workforce Solutions giving the Provider the User’s contact details, in order to (at a minimum) provide an estimate of fees and charges for the Job.

3.6 Provider acknowledges and agrees that details of performing the Job and the terms and conditions including warranties, indemnities and guarantees of any agreement relating to the Job are to be determined solely between Provider and the User and Workforce Solutions perform no role in this process and accepts no liability in this respect.

3.7 If, after accepting a Job Referral, Provider, (for whatever reason) elects not to perform the Job, Provider must notify Workforce Solutions immediately of that fact so that Workforce Solutions may refer the Job Request to other Providers (at it’s sole discretion). The Job Referral Fee payable by Provider will not be refunded in this circumstance.

4. Registration

4.1 Registration shall remain current only if the Registration Fee has been paid for the relevant membership period, as outlined in The Offer.

4.2 Subject to the satisfactory performance of Provider during the immediately preceding Registration period, Provider’s Registration shall be automatically renewed for an equivalent period, unless a request for cancellation of Registration is notified to Workforce Solutions in writing within 14 days prior to the expiry of the then current Registration period. The then current fees will apply to any further Registration period and will be payable in accordance with clause 5 of this Agreement.

4.3 Provider will be issued by Workforce Solutions a user identification number and password to use and access the Site. Provider agrees that Workforce Solutions shall be entitled to assume that any person using the Site with Provider’s user identification number and/or password is Provider or its authorised representative.

4.4 In order to Register and open an “Account” with Workforce Solutions, you must(i) agree to these Terms and Conditions,(ii) provide a valid email address, and(iii) provide any other information required by Workforce Solutions during the registration process.

You must update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Workforce Solutions cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Workforce Solutions Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to Workforce Solutions’s Privacy Policy.

4.5 One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted.

4.6 Registration may take up to 14 working days to be processed and approved.

5. Fees, charges and payment

5.1 Provider agrees that Workforce Solutions shall charge Provider and Provider shall be liable to pay:(a) Registration Fee on activation or renewal, as outlined in The Offer;(b) Job Referral Fees, as outlined in The Offer; (c) Any amount that is agreed between Workforce Solutions and Provider in respect to an Income Guarantee; and(d) Any other fees applicable to any new services that Workforce Solutions offers or may offer and that Provider accepts during the Provider’s Registration.

5.2 Where Provider is liable to pay a referral fee, once the Job Referral Credit has dropped to or is below the Job Referral Credit Notification level, Workforce Solutions will notify Provider. Provider acknowledges that Workforce Solutions may at its discretion suspend the Registration if the Job Referral Credit has a zero balance or insufficient funds for Provider to accept a Job Referral.

5.3 Payments to Workforce Solutions may be made by credit card, cash, cheque, or direct credit (EFT). If Provider pays by credit card, Provider agrees that Workforce Solutions may automatically charge any fees (including renewal fees) to such card.

5.4 Provider acknowledges and agrees that payments due under this Agreement shall not be deemed to have been received until all amounts payable are received as clear funds in Workforce Solutions’s bank account and that Workforce Solutions may apply any Job Referral Credit to pay Workforce Solutions any amount owed by Provider to Workforce Solutions.

5.5 Workforce Solutions may, at its sole discretion, terminate or suspend Registration and access to the System without notice if any payment due from Provider remains unpaid after the due date.

5.6 Workforce Solutions reserves the right to increase fees or to institute new fees, upon reasonable notice provided to Provider and/or posted on the Site.

5.7 A valid credit card is required for paying accounts.

5.8 All payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

5.9 For all accounts, Workforce Solutions may charge an account re-activation fee should an account need to be re-activated after an account has become de-activated due to non-payment or for other breaches of the Terms and Conditions.

6. System Records

Provider agrees that Workforce Solutions’s records (including records of SMS messages sent by or on its behalf) shall be conclusive evidence of Workforce Solutions’s transmission and Provider’s receipt of notifications of Job Referrals, Accepted Job Referrals and Job Referral Credit Notifications.

Provider agrees that Workforce Solutions’s records of information provided by User for the purpose of Tracking and Verifying total job value for Jobs can be deemed by Workforce Solutions to be conclusive evidence of the total job value and applied to the Income Guarantee calculation.

7. Warranties

Provider warrants to and agrees with Workforce Solutions that:

7.1 it is under no legal or other impediment that may prevent it fully carrying out its obligations under this Agreement;

7.2 it and any personnel it engages are and will at all times remain qualified to offer and perform Provider Services;

7.3 it and all personnel engaged by it will comply with the Code of Conduct and exercise a high degree of skill, care and professionalism in providing Provider Services to the Users;

7.4 it has all insurance required for a service provider in the Provider’s position and area of practice;

7.5 all information (including but not limited to that set out in the application for Registration (registration form) including information relating to Provider’s qualifications and capacity (including those of its employees) is true and correct in every respect and will be updated by Provider if and when it materially changes during the period of Provider’s Registration;

7.6 all information provided by Provider to Workforce Solutions or the User will not be false, inaccurate or misleading, abusive, vulgar, hateful, harassing, obscene, threatening, defamatory or violate any applicable law or regulation;

7.7 it will not impersonate or misrepresent any sponsorship, endorsement by or affiliation with any person or entity;

7.8 it will at all time comply with Workforce Solutions’s Privacy Policy;

7.9 it will not engage in misleading or deceptive marketing practices;

7.10 it will not release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Workforce Solutions without Workforce Solutions’s prior written approval;

7.11 at the time of accepting a Job Referral, it will be able and willing to perform the Job, within a commercially reasonable time and at a commercially acceptable price;

7.12 it must not cancel or reschedule any appointment made with a User (whether to provide a quotation, perform the Job or otherwise) without prior notification to and acceptance by the User; and

7.13 it must not charge or pass on the Job Referral Fee to the User.

8. Acknowledgements

Provider acknowledges and agrees that:

8.1 Workforce Solutions is not and will not be a party to any transactions between any Users and Provider;

8.2 Workforce Solutions does not offer professional advice to Users or other persons relating to the fitness of any goods or services for any purpose;

8.3 Workforce Solutions cannot and does not confirm the identity of Users, their qualifications, backgrounds or abilities;

8.4 Workforce Solutions makes no representation in respect of, and does not warrant to the Provider the ability of any User to pay Provider for or in respect of any Job, Provider Services or otherwise;

8.5 Workforce Solutions does not provide billing, money collection, reconciliation, accounting or any other services for Provider or Users each of which shall be the responsibility of Provider;

8.6 Provider is responsible for completing all transactions it participates in and providing all Provider Services agreed to between it and each User (including monitoring the status and complying with all relevant legal obligations); and

8.7 Workforce Solutions will not be liable for any loss or damage incurred by Provider as a result of any failure or delay in Workforce Solutions transmitting or providing any information to Provider or a User or removing any information from the Site.

8.8 Workforce Solutions offers no promise that advertising and marketing of Workforce Solutions will occur

8.9 Job Referrals are driven by the principles of supply and demand, and that there is no guarantee that Job Referrals will be provided to Provider during the term of this Agreement

8.10 Job Referrals are an opportunity to win work, but there is no guarantee that the Job Referral will result in paid work for Provider.

9. Site Usage

As a condition to your use of the Workforce Solutions Site, you agree:

9.1 not to upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;

9.2 not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

9.3 not to collect credit card information or other form of online payments;

9.4 not to upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;

9.5 not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

9.6 not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9.7 not to use any manual or automated software, devices, or other processes to “crawl”, “spider” or “screen scrape” any web pages contained in the Workforce Solutions Site;

9.8 not to reverse engineer, decompile or disassemble any of the software used to provide the Workforce Solutions Site;

9.9 not to reproduce, duplicate or copy or exploit any other portion of the Workforce Solutions Site, without the express written permission of Workforce Solutions;

9.10 not to interfere with or disrupt the Workforce Solutions Site, or any servers or networks connected to the Workforce Solutions Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Workforce Solutions Site;

9.11 not to obtain, collect, store or modify the personal information about other users; modify, adapt or hack the Workforce Solutions Site or falsely imply that some other site is associated with the Workforce Solutions Site;

9.12 not to use the Workforce Solutions Site for any illegal or unauthorized purpose. You must not, in the use of the Workforce Solutions Site, violate any laws in your jurisdiction (including but not limited to copyright laws)

9.13 Not to build a product using similar features, functions or graphics of the Workforce Solutions Site

9.14 not to modify or make derivative works based upon the Workforce Solutions Site

9.15 that any web sites accessible via links you have posted, within the Workforce Solutions Site are not under Workforce Solutions’s control and that Workforce Solutions shall not be responsible for the content, products, or services of any such linked website.

9.16 that you will:(i) notify Workforce Solutions immediately of any unauthorised use of any password or account or any other known or suspected breach of security; and(ii) report to Workforce Solutions immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

9.17 you are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Workforce Solutions Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Workforce Solutions Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Workforce Solutions Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

10. User Feedback System

10.1 Provider agrees and acknowledges that Workforce Solutions operates a User feedback system, pursuant to which Users are able to post comments, compliments, criticisms and other observations regarding Subscribers, including Provider.

10.2 Provider acknowledges that feedback relating to Provider may consist of comments and ratings left by Users and that Workforce Solutions may calculate a composite feedback score on these individual ratings and comments.

10.3 Provider agrees:(a) it may be rated by Users along several criteria, as determined by Workforce Solutions;(b) that any information or material submitted by Provider to the Site will be treated as non-confidential and non-proprietary;(c) not to impersonate any other person in posting any comments or material to the Site;(d) not to post or transmit any unsolicited advertising or promotional material;(e) that any material may be removed from the Site without notice at any time; and(f) that any material or information provided by Provider may be posted in the discussion forum for User’s and others to read.

10.4 Workforce Solutions does not monitor or censor the opinions posted by Users on the Site nor investigate any remarks for accuracy or veracity. Workforce Solutions does not accept any liability for the accuracy or content of any material posted by other Users or Subscribers on the Site.

10.5 Provider releases Workforce Solutions from any claim, demands, proceedings, losses and damages (actual, special and consequential of every kind and nature including all legal fees) that may arise as a result of any use of the feedback system on the Site. Without limiting the foregoing, the Provider releases Workforce Solutions from any claims for defamation arising out of any comments or other materials posted at the Site.

11. Workforce Solutions’s Rights

Workforce Solutions reserves the right to:

11.1 co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone using the System including Provider; and

11.2 refuse to disseminate any information and/or materials (in whole or in part) that Workforce Solutions, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or this Agreement

12. Intellectual Property

12.1 All intellectual property rights in information, trademarks, logos, business processes, data and materials including without limitation all software, tools, know-how, equipment or processes, used in relation to the Service, System and on the Site shall remain Workforce Solutions’s sole and exclusive intellectual property. Provider acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Workforce Solutions’s intellectual property rights.

12.2 Where Provider posts to the Site, or otherwise provides information materials and copyright material for Workforce Solutions to disseminate, it grants Workforce Solutions a royalty free, perpetual, irrevocable licence to reproduce, modify, distribute, display and delete such content (in whole or in part) on the Site or as otherwise deemed appropriate by Workforce Solutions.

13. Disclaimer and Limitation of Liability

13.1 Workforce Solutions provides Job Referrals and User contact details to Provider on an ‘as is’ basis without any warranties of any kind, express, implied or statutory as to their accuracy or otherwise. Provider must satisfy itself through its own enquiries as to the ability of the User to pay for goods and services provided by Provider.

13.2 To the extent permitted by law Workforce Solutions excludes all liability to Provider or any other person for any loss, claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of goodwill) arising out of or in connection with this Agreement and the System.

13.3 To the extent permitted by law, Workforce Solutions and all affiliates and related entities of Workforce Solutions expressly limit their liability for breach of any non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Workforce Solutions’s sole discretion):(a) in the case of goods, to any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and(b) in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

14. Sub-Contractors

Provider is liable for ensuring that all work conducted by sub-contractors complies with the Code of Conduct, good practice, involves quality workmanship, is carried out under applicable industry licences and that each sub-contractor is covered by appropriate and adequate insurance to the extent generally desirable for a service provider in the Provider’s position and area of practice.

15. Indemnity

Provider indemnifies and holds Workforce Solutions and its parent, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisors and franchisees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential of every kind and nature, including all legal fees) made by any User, other Subscriber or any third party due to or arising out of or in any way related to Provider’s use of the Service, System or Site, its performance of any Job, its negligence, its breach of this Agreement, or its violation of any law or the rights of a third party.

16. Cancellation

16.1 Subject to clause 4.2 Provider may cancel its Registration upon notice to Workforce Solutions.

16.2 Provider will not be liable for any further Registration Fees once cancellation is deemed effective by Workforce Solutions, but shall not be entitled to any refund of any fees already paid.

16.3 Upon cancellation of Registration, Workforce Solutions shall terminate the Provider’s membership.

17. Termination and Breach

17.1 Without limiting any other remedies available to Workforce Solutions at law, in equity or under this Agreement, Workforce Solutions may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Provider’s Registration and refuse to provide it services or access to the System if:(a) Provider breaches any terms and conditions of this Agreement, the Privacy Policy or the Code of Conduct;(b) Workforce Solutions reasonably believes that Provider’s acts or omissions may adversely affect the interests of or may result in any loss or liability for Provider, Users, Subscribers or Workforce Solutions; or(c) Workforce Solutions reasonably believes that the quality of Provider Services is of poor or deteriorating quality.

18. Effect of termination or cancellation of Registration

18.1 If this Agreement is terminated or expires and/or the Provider’s Registration is cancelled or suspended or expires for any reason, Provider acknowledges and agrees:(a) Provider must immediately cease and refrain from representing itself as a Subscriber or otherwise having any affiliation with Workforce Solutions and must immediately cease using all trademarks and other material owned by Workforce Solutions or provided by Workforce Solutions to Provider;(b) Workforce Solutions will not be liable to Provider for any claims of any kind arising as a result of such termination, suspension or cancellation including but not limited to on account of the loss by Provider of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created, loss of or damage to reputation or on account of any other cause whatsoever; and(c) those clauses capable of surviving termination of this Agreement shall continue in force.

(d) to immediately and within 5 business days, pay the amount outstanding under any applicable Finance Arrangement accepted by the Provider during the Offer Acceptance.

19. Dispute Resolution

19.1 The procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of a term this Agreement or of the parties’ rights or obligations pursuant to this Agreement (“Dispute”).

19.2 Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists (“Dispute Notice”).

19.3 The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.

19.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:(a) within 5 working days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;(b) if the Dispute is not resolved within 20 days of the commencement of the meeting referred to in the previous sub-clause or if the meeting referred to in the previous sub-clause has not taken place within the 5 day period, the parties to the Dispute shall refer the matter to mediation;(c) within 5 working days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by the User, with the costs of the mediation to be borne equally by the parties to the Dispute;(d) the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and(e) any mediation that takes place pursuant to the operation of this clause is to take place in Melbourne, Sri Lanka.

19.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.

20. No Agency

Provider and Workforce Solutions are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Circumstances beyond Workforce Solutions’s control

Workforce Solutions will not be liable for any failure or delay in the performance of its obligations to Provider if that failure or delay is due to circumstances beyond its reasonable control including, without limitation, any act of God or other cause beyond its reasonable control including any mechanical, electronic, communications or third party supplier failure.

22. Assignment

Provider may not assign any of its rights or obligations under this Agreement without Workforce Solutions’s prior written consent. If Provider is a company, any change in its effective control shall be deemed an assignment for the purpose of this clause. Workforce Solutions may assign its rights or obligations under this Agreement at any time without notice to Provider.

23. Non Transferable Registration

Provider’s Registration is personal to Provider and may not be sold or otherwise transferred to another person or entity.

24. Privacy and Code of Conduct

The Privacy Policy and Code of Conduct applies to Provider and is incorporated into this Agreement by reference.

25. General

25.1 Interpretation(a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.(b) Provider agrees that this Agreement may not be construed adversely against Workforce Solutions solely because Workforce Solutions prepared it.(c) The singular includes the plural and vice-versa.(d) Person includes any corporation or body corporate.

25.2 Definitions

In this Agreement the following terms have the following meanings:(a) “Accepted Job Referral” means a Job Referral that Provider has agreed to pursue by providing a quote or estimate to the User and/or performing the Job, irrespective of whether such referral in fact results in Provider performing the Job.(b) “Code of Conduct” means the code of conduct appearing at the Site, as amended from time to time.

(c) “Finance Contract” means the contract under which a loan is provided by Workforce Solutions or a third party to the Provider, to pay the Total Investment, the terms of which are referred to in The Offer and once accepted by the Provider via the Portal, are binding on the Provider and Guarantor.

(d) “Guarantor” means the party named in the Portal as guaranteeing the obligations of the Provider under the Finance Contract.(e) “Income Guarantee” means the total value (including GST) of the work undertaken as a result of Workforce Solutions Job Referrals.(f) “Job” means the provision of goods and/or services by a Provider to a User following a Job Request.(g) “Job Referral” means the provision of details of a Job Request received by Workforce Solutions and offered by Workforce Solutions to the Provider.

(h) “Job Referral Credit” means an amount representing Job Referral Fees paid by Provider to Workforce Solutions.

(i) “Job Referral Credit Notification” means the balance of the Job Referral Credit as determined by Workforce Solutions at which point it determines to notify the Provider that its Job Referral Credit is close to a zero balance.

(j) “Job Referral Fee” means the fee payable in respect of each Accepted Job Referral, details of which are set out in The Offer.

(k) “Job Referral Notification” means an SMS or message provided by any other means of communication given to Provider giving details of a Job Referral.

(l) “Job Request” means a request made by a User (whether made by phone, through the Site or otherwise) seeking offers from Subscribers for the provision of goods and/or services.

(m) “Offer Acceptance” means the process to be followed by the Provider in order to accept the terms and conditions of The Offer.

(n) “Portal” means the system made available by Servicer Central or a third party, setting out the terms of the Finance Contract.

(o) “Privacy Policy” means the privacy policy appearing at the Site, as amended from time to time.

(p) “Provider” means a person or entity who has a current Registration and except where the context requires otherwise, includes Subscriber.

(q) “Provider Services” means the goods and/or services that Provider offers and/or provides to Users.

(r) “Registration” means the ability to participate in the System as, and in the capacity of, a Provider or potential providers of goods and/or services to Users.

(s) “Registration Fee” means the periodic fee for Registration which may include a system fee and/or Job Referral Credit, details of which are set out in The Offer.

(t) “Site” means the website operated by Workforce Solutions at www.workforce.lk, and all associated Workforce Solutions web sites and applications.

(u) “System” or “Service” means the system operated by Workforce Solutions as described in this Agreement, and as it is developed by Workforce Solutions from time to time.

(v) “The Offer” means the offer made by Workforce Solutions to the Provider via the means of the Workforce Solutions’s Offers system. The Offer can contain material details including but not limited to the Offer Expiry Date, Package Type, Package Duration, Work Profile Location(s), Work Profile Category(s), Income Guarantee amount, Referral Fee Charges, Number of Referrals Offered, Number of Referrals Accepted, System Fee(s), Registration Fee(s), Pre-Paid Referral Fees, and/or Total Investment.

(w) “Total Investment” means the amount payable by the Provider under the terms of the Offer excluding fees and charges under any Finance Contract..

(x) “User” means a person using the System for the purpose of making Job Requests.

25.3 Governing Law

This Agreement shall be governed in all respects by the laws Sri Lanka. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Sri Lanka.

25.4 Severability

The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.

25.5 No Waiver

Workforce Solutions’s failure to act with respect to a breach by Provider or others does not waive its right to act with respect to subsequent or similar breaches.

25.6 Entire Agreement

This Agreement and those incorporated herein set forth the entire understanding and agreement between the parties with respect to the subject matter hereof.

25.7 Notices

Workforce Solutions may provide notices to you by simply posting the notice on the Site. This is in addition to any other mode of service permitted by law.

25.8 Variation

Workforce Solutions may vary the terms and conditions of this Agreement by providing written notice of the changes to the Provider, which variation will be effective from the service of a notice to this effect on the Provider.

For the purposes of notification under this clause, an acceptance dialog box appearing on the site following login followed by acceptance of the notice by the User will be sufficient acknowledgement of the acceptance of variation to the terms and conditions.

Workforce Terms and Conditions – Privacy Policy

Workforce Solutions is committed to protecting your privacy. Workforce Solutions recognises that users of www.workforce.lk place ongoing trust in our services, and we take your privacy seriously. Workforce Solutions does not collect personally identifying information except when you specifically and knowingly provide it subject to the exceptions set out below.

Workforce Solutions provides customer feedback, message boards and other services for both public and private forums. Please remember that any information that is disclosed in public forums becomes public information. You should exercise caution when deciding to disclose your personal information.

If you have queries, concerns or would like to revise your personal records maintained by Workforce Solutions , please email us at contact us. Our postal address is:

Workforce(pvt)Ltd
131/B,
Kaduwela Road,
Athurugiriya.

Your personal information is important to us.

What information do we collect?

Workforce Solutions collects information in two ways; automatically when you log onto our web servers (www.workforce.lk) and when you provide your details through an Workforce Solutions online form.

Web servers: For each visitor to our web page, our web server may automatically recognise the users domain, IP address and sometimes an email address.

Online forms: Workforce Solutions has introduced a login service, designed to offer users a more rewarding, efficient and personalised experience at Workforce Solutions web site. You are required to login.

Workforce Solutions users are required to provide a valid email address and other personal details as a condition of registration. Workforce Solutions users will be placed on our mailing list only by their explicit request.

Why do we require your personal information?

The information we collect is used to continually improve your site experience, by customising the content and web layout according to your preferences indicated by your use of the site.

Workforce Solutions needs to collect, use and disclose the information required on online forms to provide you with the services to which the online forms relate. Your information may also be used by Workforce Solutions to tell you about useful products, discounts, special offers, competitions and invitations to special events. Workforce Solutions may notify you about updates to our web site. If you do not want to receive this material, please email Workforce Solutions at contact us.

Disclosure of personal information.

To provide you with services or information you request from the web site by filling out an online form, Workforce Solutions may need to disclose your information to our business partners and contracted service providers.

In submitting your details, you should be mindful that information published on the Internet is available to everyone using the Internet. You should not provide this information if you do not want it to be publicly available.

In addition, Workforce Solutions may disclose personally identifying information if Workforce Solutions determines that disclosure of such information is:

• a) required by law; and
• b) reasonably necessary to protect the rights, property, or safety of Workforce Solutions , its users, or other persons or entities.

Under the foregoing circumstances, Workforce Solutions may disclose personally identifying information without first notifying you or obtaining your consent.

Contacting us about access and correction of your personal details

Workforce Solutions aims to ensure your personal details are up-to-date. If you have queries, concerns or would like to access or revise your personal records maintained by Workforce Solutions , please change your details using My Toolbox or email Workforce Solutions on Contact Us. Our postal address is Workforce Solutions Agency Pty Ltd, 131 B,Kaduwela Road ,Athurugiriya, Sri Lanka.

Workforce Solutions shares non-personal aggregate, statistical information

Workforce Solutions may share non-personal aggregate, or summary, information about our visitors with partners or other third parties, which is a customary practice on the Internet. For example, we might provide a count of our users from a particular area code.

Workforce Solutions uses market research to monitor traffic to and across its web site. This technology involves inserting special scripting in the code of each web page. This code is downloaded by you when you visit each page and then sends information about your use of the page, eg. the duration that the page was open. Information collected using this technology does not identify you personally in any way and is only used for compiling aggregate statistics of web site use for Workforce Solutions.

Workforce Solutions uses “cookies” to improve your experience

Workforce Solutions uses a standard Web browser feature called “cookies” to help us improve your experience. A cookie is a small text file that many web sites write through your browser when you visit them. A cookie can only be read by the site that places it, so Workforce Solutions web site cannot “see where you’ve been” based on any other cookies in your browser. Netscape Navigator uses a single file called “cookies.txt” to record all cookies, and you can open this file in any text editor to see what it looks like.

On some areas of www.workforce.lk cookies are used to distinguish you from other users. However, cookies merely provide us with a unique anonymous number that we can use in identifying — and enhancing — the use of sections of our site.

Cookies can also be used to store your user name and encrypted password, if you so choose. You may choose to disable cookies in your browser or use security software to prevent the storage of cookies. However if you disable cookies, we may not be able to fulfil your request or provide you with an appropriate level of service in some areas of the Workforce Solutions web site. Below are instructions to help you disable cookies if you use Internet Explorer or Netscape Navigator. If these options don’t apply to you, Contact Us for further assistance.

If you use Internet Explorer:

• Select Tools -> Internet Options from the menu.
• Select the “Security” tab
• Click the “Custom Level…” button
• In the “Cookies” section make sure that “Allow per-session cookies (not stored)” is set to “Disable”
  Confirm the changes by clicking OK
• Answer “Yes” to the following dialog box
• Close and save your changes by clicking “OK” on the “Internet Options” dialog box.

If you use Netscape Navigator:

• Select Edit -> Preferences from the menu.
• Select “Advanced” from the menu on the left hand side
• In the “Cookies” section select “Disable cookies”
• Close the dialog and save your changes by clicking “OK”

Third party information and links

Some sections of www.workforce.lk may be powered by our business partners and service providers, to bring you the most relevant and up-to-date information. As a result, these companies have access to information such as your domain, IP address and clickstream information. Workforce Solutions will take reasonable steps to protect the privacy of any personally identifying information that these companies have access to.

Workforce Solutions may also use agencies to place advertising on our web pages. These agencies may collect information such as your domain, IP address and clickstream information. Workforce Solutions will take reasonable steps to protect the privacy of any personally identifying information that these agencies have access to.

Workforce Solutions may present advertisements or links to partner companies. When you click on these links or enter information, you may be transferred to an advertiser’s or partner’s Web site. Workforce Solutions has no control over the privacy practices or information that these sites may request of you. We are not and cannot be held responsible for the privacy practices or content of these sites.

If you order catalogues from Workforce Solutions third party advertisers or partners, any such order will indicate your consent to receive from them other catalogues, announcements, product news, newsletters, and/or other information, via shipping methods including but not limited to Sri Lanka Post, overnight ground/air courier, or other electronic means, that may or may not be of interest to you. You will need to contact them directly to ‘opt-out’ of receiving this material.

Storage and security of your personal information

Workforce Solutions takes all reasonable steps to secure your personal details. Workforce Solutions stores your information on secure servers which are housed in controlled environments to protect against loss, misuse or alteration of your information collected at the Workforce Solutions web site. All Workforce Solutions employees and service providers are contractually obligated to respect the confidentiality of your personal details.

To assist in keeping your data secure, we recommend that you keep your Workforce Solutions password and account details secure. Please contact us Contact Us if you require a change of password and username.

Changes to this Policy

Workforce Solutions is committed to bringing you the most up-to-date and relevant information online. As a result our web site is constantly changing and there may be a requirement to review our Privacy Policy. We will promptly post any changes on our web site. If you are concerned about your privacy, you should check our privacy policy periodically.

Additional privacy information

You can visit the Sri Lankan Federal Privacy Commissioner’s web site for more information about protecting your privacy and Sri Lankan privacy issues.

Workforce Terms and Conditions – Code of Conduct

Identification

• Be fully identifiable to customers through the use of name badges, business cards, and (where applicable) wearing company uniform
• Make available to customers this code of conduct, and information as to how to contact Workforce Solutions if any concerns arise

Knowledge of processes

• Have an up to date working knowledge of how to best complete the work accepted
• Have full knowledge of the process through which customers can make complaints
• Understand how customers make payment to service providers, and how receipts are issued
• Ensure that they have full comprehension of any other policy or process that Workforce Solutions adopts

Approach to work

• Preserve the Workforce Solutions reputation and brand image at all times, wherever service providers are
• Maintain a professional dress standard at all times
• Maintain their tools, equipment and work environment to a professional level at all times
• Take ownership of their dealings with customers by trying at all times to resolve any issues in the first instance, and by following through when the issue is escalated to a next level
• Be courteous and efficient at all times when providing service to customers
• Respect the need to maintain confidentiality and security
• Endeavour to work towards best practice in everything they do by providing service excellence training programs and continually benchmarking
• Be punctual at all times
• Take due care and show consideration for the safety and security of their co-workers, customers, and themselves
• Freely discuss ideas they have for business improvements
• Ensure that their work environment is free from discrimination and harassment and that all people are treated fairly
• Air any grievances they have through the correct channels
• Provide and accept constructive feedback in their daily work practices

Workforce Terms and Conditions – Refund Policy

Refund and Reversal Policy

This refund policy applies only to payments made through the payment gateway offered on workforce.lk

For all other policies regarding refunds please view the Terms and Conditions.

This document does not replace any part of the Terms and Conditions.

Cancellation of Account

In accordance with Workforce Solutions’s Terms and Conditions an account may be cancelled.

When an account is cancelled by Workforce Solutions there is no refund of registration or unused referral fees.

Suspension of Account

If an account is suspended either by the Provider or Workforce Solutions, in accordance with Workforce Solutions’s Terms and Conditions there is no refund of Registration or unused Referral Fee’s

Non Renewal of Account

If the provider chooses not to renew their account, it is at Workforce Solutions’s discretion to return outstanding unused Referral Fees

Mistaken payment

If you feel you have made a mistake in payment contact Workforce Solutions immediately.

Mistaken payments may include, but are not limited to, double payments, over payment, and payments from incorrect cards.

In the instance that you have made a mistake to a payment, Workforce Solutions reserves the right to return funds, and if a refund is agreed they will be applied back directly to the Credit Card used in the initial purchase.

Transfer of Funds

All Transfers of unused referral fees are at the discretion of Workforce Solutions and will only be allowed where the accounts two Workforce Solutions accounts involved in the transfer are both owned by the same parent company.

Proof of Purchase

Workforce Solutions may require proof of purchase before any refund/reimbursement is agreed.

Method of Refund

Where a refund/reimbursement has been agreed and the initial payment was made via Credit Card that payment will be refunded/reimbursed back to the original credit card.

Where payment was made by another form, Workforce Solutions may make payment by Cheque or Electronic Funds Transfer to a nominated bank account.

Workforce Solutions reserves the right to nominate how it would prefer to make payment.