ARTICLE 1- PARTIES TO THE AGREEMENT
The parties to this Agreement (“Agreement”) are:
1. Zeynep Bilgic Consulting Inc. (“Company-Workflex”)
Feneryolu Mah. Bayrak Bolizi Sok. Şişikler Business Center No:1/ 9 Kadıköy/Istanbul
2. The person who registers by logging in with their information from the area serving the platform (“Talent”)
In this Agreement, Workflex and Capability will be referred to as "Party" separately and as "Parties" together.
ARTICLE 2- SUBJECT OF THE AGREEMENT
Workflex provides a Platform accessible to its users at https://workflexnow.com/. This Platform is a platform to bring together the best real people and visionary institutions to do business on a project basis or on a temporary basis, and match them according to needs and expectations. In addition, it can provide consultancy and training services. It is a platform that operates to offer an ecosystem in the field of freelance work with various collaborations.
Accessing and using this Platform and taking part in a project through the Platform mean that the terms of this agreement are accepted by Talent without the need for any further acceptance and/or signature.
ARTICLE 3- DEFINITIONS
The following terms used within the framework of the provisions of this Agreement shall have the meanings set forth below. Unless the context requires otherwise, singular expressions will include plural expressions, and plural expressions will also include singular expressions.
Task: Represents each element in the project (“Project”) that has been assigned to Talent by the Institution and accepted by Talent, entered into the system and approved by the parties.
Users: Users on the Platform to match and collaborate on a project basis; Talent refers to the service provider, and Institution refers to the service recipient. The Talent or Institution defined and/or included in the Agreement does not qualify as a consumer.
Institution: The corporate user in the Platform, real or legal persons and/or by using the Platform in line with the needs and demands of the Institution and on behalf of the Institution, matching the Talents it is looking for and ensuring that certain works are carried out on a Project basis. Beneficiary managers or Institution officials.
Platform: It is the internet website established by Workflex, serving the above purposes and having the domain name https://workflexnow.com/.
Giving Approval Regarding the Deduction of Platform Usage Fee: It means accepting the Platform usage fee to be deducted from the Project fee at the rates determined by the stipulated conditions and deposited into the Talent account.
Project: It refers to the work submitted to the Platform, whose content, features and conditions are determined by the Institution.
Project Reconciliation: It refers to the document that will be considered as the Contract between the Institution and the Talent during the Project, within the system, which includes the scope and conditions of the Project, agreed upon at the meeting where the Institution and Talent matched via the Platform, preferably Workflex consultants, are also present as observers. it does.
Workflex: It is the owner of the Platform that brings together the users providing service through the Platform and the corporate users receiving the service, and enables them to work as independent parties with each other by matching them over the Project.
Workflex Services: Covers all kinds of services provided by Workflex on, through or originating from the Platform.
At the beginning of these services are providing the connection between Talents and Institutions, selection, evaluation, matching services in order to maximize the benefit and value to be created for the parties, and other consultancy services that can be provided with an additional fee according to the needs.
Talent: It refers to the person who provides services or works to the Institution within the scope of the Projects, who is legally an independent employee/consultant and has the status, but not limited to, where there is no legal objection to being involved in the Projects independently.
ARTICLE 4- LIABILITIES AND COMMITMENTS OF Workflex
Workflex undertakes to do its best to ensure that the Platform works 24 hours a day, 7 days a week, and is always accessible to users. However, if there is a problem in accessing the internet environment, connection, network and any similar access tool, if there is any interruption and / or system problem in the Platform, such interruption and system problems may occur.
In the periods when work is carried out on the improvement and development of the site, the user's internet, network, etc. The possibility of service interruption due to connection problems is accepted by the parties; It has been agreed that Workflex cannot be held responsible for these interruptions.
The users on the Platform act independently and freely within the framework of their own will and are personally or institutionally responsible for their actions. Workflex cannot be held responsible for user actions and actions. Workflex only offers a platform that brings users together; It is in no way the employer, employee, manager or guarantor of the users and cannot be held responsible under any circumstances.
ARTICLE 5 - PLATFORM MEMBERSHIP
5.1 In order to benefit from platform services, users must create a registration with their e-mail addresses. Registration, application and membership on the Platform are free of charge for 1 year from the launch of the Platform to the user. In the subsequent membership conditions, the discretion belongs to Workflex, provided that the users are informed and approved.
5.2 Talent undertakes that before applying for membership, it is over 18 years old and is not subject to legal restrictions that may prevent the conditions in this Agreement.
5.3 By accepting this agreement, Talent accepts the terms and information in this agreement to be added to Workflex's Platform ecosystem and displayed within the Platform.
ARTICLE 6- COMMITMENTS OF TALENT
In case of being matched and cooperating with the Institutions on the Platform created by Workflex, the provisions of this Agreement have been accepted by Talent; There is no prohibition that prevents him from providing services as specified in this Agreement in the service contracts, consultancy contracts, or documents related to the working terms and conditions published by the companies he is working or affiliated with for any reason, with third parties other than the parties to the Contract, It accepts, declares and undertakes that it is in a position to fulfill its obligations in the Project and all kinds of responsibilities in the Projects.
6.2 Talent is the company, 3rd parties or its own activities, with which Workflex or the Institution seeks information and opinions within the scope of any project, and with which the project notified to it has been working in the past or currently, or with which it has a commercial relationship for any reason. therefore, he agrees, declares and undertakes to notify Workflex that he will not be able to participate in this project in case of a conflict of interest with him or any suspicion in this regard.
6.3 During the continuation of the Contract relationship, Talent may provide the same services to rival companies operating in the same field (Expert Resource/Expert Network field) with Workflex. In this context, even though Talent's freedom to make a contract remains, it accepts and declares that it cannot continue to take place in the Platform if it cannot fulfill its responsibilities regarding the Project it has assumed through this Platform due to another project, within the time and quality agreed with the Institution.
6.4 In case of agreement and assignment with the Institution in any Project within the scope of this Agreement, Talent;
i) During the period specified in the project agreement, agrees, declares and undertakes not to provide consultancy services to the Institution independently, except when the conditions for informing Workflex and obtaining its approval are met together.
ii) After 1 year from the end of the project, it is free to provide independent consultancy services to the Agency or to become a permanent or contracted employee of the Agency.
However, if the situation in (ii) occurs as a result of the violation of article (i), Talent shall be entitled to a fee equal to 10% of the total amount of the Project price determined between the Institution and the Institution or the annual gross fee amount that the Institution will pay to Talent, the Institution and Talent. According to the agreement of Workflex, it accepts, declares and undertakes that it will pay to Workflex immediately upon written request of Workflex, provided that both the fee and the Project fee are paid, whichever is higher, is calculated over that amount. Payment of this price is the ability to use Workflexdoes not terminate its contractual obligations with
ARTICLE 7- ACCURACY AND USE OF TALENT'S PERSONAL INFORMATION
7.1 In order to be included in the Platform ecosystem, Talent must first add the information needed for evaluation and matching to the Platform system. This information can be published on the Platform as a profile, according to the evaluation result. The information of those who cannot reach this stage will not be shown as a profile on the Platform to anyone other than themselves and Workflex.
Talent has the right and obligation to check the accuracy and up-to-dateness of the information it declares on the Platform, and to request that the information that is untrue or outdated is changed.
7.2 Ability, within the scope of Platform usage and the implementation of this Agreement, allows the personal information given to Workflex to be processed by Workflex, shared with the Institution, used by Workflex or the Institution, stored in the records of Workflex, in line with the purposes of this Agreement. accepts and declares that
7.3 Ability has the right to request that all or part of its published personal information be stopped by Workflex within the scope of this Agreement.
7.4 Talent accepts and declares to take utmost care to ensure that all information is true and correct during the application process to be included in the Platform ecosystem. In case of recording by Talent using false information, Workflex will have the right to take all kinds of legal measures, and in case of any damage to Workflex, the Institution and other third parties due to these actions of Talent that records and works using false information, Talent is responsible for this loss and the compensation of the damage. will be. In this context, Workflex shall recourse to talent all kinds of damage, loss claims and compensation claims.
7.5 Talent accepts and declares that Workflex has the right to contact it directly through the contact information (e-mail, phone number, etc.) used in the application to be included in the Platform ecosystem or obtained by Workflex within the scope of legal regulations.
ARTICLE 8- RESPONSIBILITIES OF TALENT REGARDING PROJECT WORK
8.1 The right to evaluate the talent, request a match and determine the conditions within the scope of the Project to be carried out; It is at Talent's discretion whether or not to accept the offer to participate in the Project by evaluating the aforementioned request and conditions.
8.2. The Institution and Talent agree on the details of the Project in an online meeting where Workflex is also an observer. The agreed project details are entered by the Talent in the Project Reconciliation field on the Platform and sent to the Institution for approval. After the approval process is completed by the Authority, the Project Reconciliation on the Platform is saved by Workflex as a Contract in the system. Talent can be tracked and monitored on the profile pages of the Institution and Workflex. The parties are free to take the written print out of the Project Agreement if they wish.
8.3 Project Agreement covers the following topics;
(a) Name of Institution and Talent
(b) Project name and scope
(c) Project project duration
(d) Value creation (output delivery) periods and indicators
(e) Agreeable hourly/daily/monthly payment amount
(f) Total project amount
(g) Agreed documentation style
(h) Payment account information
(i) E-mail address where project notifications and deliveries will be made
(j) Ownership of intellectual and industrial rights to be set forth within the scope of the project
8.4 In the event that the Projects are terminated by Talent after the approval of the Project Agreement, without just cause and/or at a stage that will cause loss or loss of profit to Workflex or the Institution, the Institution will not be entitled to the Talent related to this Project. The right not to pay any fees and Workflex's right not to include Talent in the Platform ecosystem in the future.
8.5 With the acceptance of this Agreement, Workflex does not give any commitment to Talent regarding the frequency and scope of the Projects that it can agree with an Institution within the scope of the Projects, that its participation in a Project will be required or that its participation will be requested.
8.6 Unless agreed otherwise, Talent is entitled to request the unit or total project fee, which is pre-determined in the system and regarding the agreed project durations for the Project it is involved in. Apart from this, if additional payments and services are not included in the project agreement during the process, the Institution is not obliged to pay a different additional fee for the project.
8.7 In any preliminary meeting between Talent and the Institution within the scope of the interview or determining the details of the Project, the interview may be terminated by the Institution or the Talent for any reason, or the Talent may not demand a fee from Workflex or the Institution for the termination of this meeting. , Workflex or the Institution do not have the right to expect any service from Talent.
8.8 At the end of any meeting between the Institution and Talent within the scope of the project, in case of a change in any of the items in the system that are agreed on in the main headings in Article 8.3, Workflex shall make the relevant changes in order for Workflex to make system revisions. Upon notification to .
8.9 Within the scope of any Project, Workflex will not be able to request Talent to disclose trade secret information, except for the necessary basic information regarding the way the Project will take place on the Platform.
ARTICLE 9- PLATFORM USE FEE
9.1 Talent accepts and declares to pay 5% Service Platform Usage Fee, limited to domestic projects within the scope of clauses 8.4., 8.5 and 8.6 and the payment system detailed below. For projects abroad, the mutually agreed rate is valid. Upon completion of the agreed step of the Project in the project agreement and its approval by the Authority, the amount related to the relevant step of the Project is paid to Workflex by the Authority against the project service invoice issued by Workflex. Workflex deducts the total of the Institution's and Talent's Platform usage fees at once over the paid amount, and pays the remainder to Talent in return for the service invoice issued by Talent.
ARTICLE 10- PAYMENTS TO TALENT
10.1 In case of being matched with an Institution thanks to the Platform and the Project reconciliation is realized, following the fulfillment of the steps regarding the Project agreed and entered into the system, monthly, unless otherwise agreed, to the account number that Talent reported in the Project reconciliation, to the Institution The corresponding amount will be paid by Workflex after the Platform usage fees of 's and Talent's are deducted on the first invoice. In order for this amount to be deposited, Workflex and the Institution will expect Talent to fulfill two conditions;
10.1.1 The explanations regarding the service provided by talent, the value creation outputs promised in the project agreement or the relevant outputs must be submitted to the Institution in full.
10.1.2 After the approval of the Authority based on this notification, the invoice or receipt for the relevant amount of the Project cost must be created by Talent and sent to Workflex.
Payment to Talent is made within 5 days following the payment made to Workflex by the institution.
Workflex, output delivery, payment etc. on the system. It makes necessary reminders to the parties by following the dates and continues to provide follow-up services throughout the process.
10.2 If Talent, providing service within the scope of the project, has any complaints about the payment of the fee demanded for the service it provides, it notifies Workflex with the complaint mechanism on the Platform. The Institution has the right to retain the payment to be made to Talent until this dispute is resolved. The dispute will be resolved in a maximum of 45 days.
An "Evaluation" meeting is held in which the expert appointed by Workflex is the neutral person, in company with the parties and their lawyers, on the resolution of the dispute in question, and an evaluation report, which also includes solution proposals, is prepared in order to change the perspective of the parties on the dispute and develop a new strategy for the resolution of the dispute. Although a consensus cannot be reached within 3 weeks in the solution proposals included in the evaluation report, all rights arising from Turkish law regarding the demands and claims of the parties, especially the mediation institution, are reserved.
Talent, who has filed a complaint, is expected to present a just cause in his application. Talent, which is determined to have applied for a complaint without a just cause, orWorkflex has the right of decision and discretion regarding the freezing or removal of Platform membership of the Institution, which has been classified and determined to have paid no fee or made incomplete payments without a justified reason.
ARTICLE 11- AMENDMENT OF THE AGREEMENT
Workflex may, at its sole discretion and unilaterally, change the terms of this Agreement at any time it deems appropriate by posting on the Platform. When Talent matches with the Institution, it accepts, declares and undertakes that it has accepted the current Contract terms published on the Platform as of the matching date.
ARTICLE 12- SATISFACTION ASSESSMENT AND RECOMMENDATIONS
After the completion of the task in each project and the realization of the payment, the Institution and Talent score each other through the system on the Platform. After these scores are checked by Workflex, they become visible to other users in the system. Workflex has the authority to delete comments that do not comply with moral or ethical rules or that contain insults.
The Institution or Talent does not have the authority to change the mutual scoring or comment on the system after they enter the system and the task is completed.
ARTICLE 13- COMMITMENT TO CONFIDENTIALITY
The term "Confidential Information" refers to the activities, employees, working system, financial data, all kinds of commercial data of the parties, provided or disclosed in writing or verbally, electronically or by any other means, between the Company or Workflex for the purpose of this agreement. After signing, including its secrets, this contract itself means the Project, the Project Agreement and all the services received and provided related to the Project.
In case the Talent is involved in projects to be carried out by the Institution or the Institution with which Workflex has a business relationship, disclosed or disclosed to it by the Talent, Institution or Workflex pursuant to this Agreement, it may be referred to Workflex, the Institution or the company that will carry out the project or affiliated with the project, or To keep confidential any information that is learned by the persons and not disclosed to the public, to use only for the work requested from him within the scope of the Project, not to disclose it to third parties for any reason, except for the compulsory cases specified in the law, or not to make it available to third parties, and also accepts and declares to return or destroy it to Workflex or the Institution, which requests immediately upon the request of the Institution or the termination or cancellation of the legal relationship with the Project. This commitment to confidentiality and the obligation to keep confidential information will continue indefinitely after the end of the Agreement.
The aforementioned commitment does not under any circumstances include a confidentiality guarantee that Workflex has provided to talent on behalf of the Institution. In case of breach of confidentiality by the Institution, the Institution is personally responsible for the damages arising from the violation; Workflex does not have any responsibility in this context.
ARTICLE 14- COPYRIGHTS REGARDING PROJECT WORKS
14.1 All kinds of documents, other materials and creative works prepared by Talent to be submitted to the Institution within the scope of the project will be the property of the Institution. Talent shall be created, developed, translated, processed, etc. All copyrights of the works and all works that are in the nature of works in accordance with the Law on Intellectual and Artistic Works shall belong to the Institution, arising from the Law on Intellectual and Artistic Works; Financial rights consisting of the right to process, reproduce, distribute, represent, transmit to the public by means of sign, sound and image transmission, and moral rights consisting of the right to publicly supply, the authority to specify the name, the right to prohibit changes in the work, without limitation of place, time, number and medium. It accepts, declares and undertakes that it belongs to the Institution. Workflex has an obligation to refer to its name in the studies and interviews prepared with and through the contribution of Workflex.
Talent allows information such as the subject, duration, amount of the Project to be recorded by Workflex to be evaluated for efficiency analysis and transfers the information it needs to Workflex in this regard.
14.2 Talent Before transferring to the Institution or Workflex, the copyright of the works and products submitted to the Institution due to the Project subject to the Contract or given to Workflex for publication on Workflex's website or for any reason, belongs to him, accepts and undertakes that the works do not violate the copyrights of third parties, do not use the copyrighted products/works of third parties without paying the copyright and obtaining permission to use them, and that these works do not contain false, deceptive or misleading information.
ARTICLE 15- INDEPENDENCE OF TALENT
Doesn't accept this Agreement does not mean that Workflex or the Institution is an employee of Workflex or the Institution in any way. Talent operates on its own behalf and account, and is not authorized to make statements on behalf of Workflex or the Corporation, to enter into guarantees or commitments in any way, or to take any other action that binds Workflex, including those claimed by third parties due to its contrary behavior. is responsible for the compensation of all kinds of damages and losses.
ARTICLE 16- RIGHT TO CLAIM AND LIMITATION OF LIABILITY
16.1 In the event that Talent violates or is justified in breach of its obligations and commitments under this Agreement, Workflex or the Institution is entitled to take all kinds of legal measures to prevent any existing or potential violations of Talent.
16.2 Workflex, within the scope of this Agreement, in case of non-fulfillment of the rights and obligations in the Agreement and/or termination of the Agreement, or in case of violation of the commitments and obligations set forth in this Agreement, the direct or legal consequences of the Institution or third parties. will not be liable in any way for consequential damages such as indirect damages, loss of profit/wages.
ARTICLE 17- CONTACT
You can send any questions or complaints about the Talent, Platform and its use by sending an e-mail to firstname.lastname@example.org or the contact form under the communication tab.
ARTICLE 18- DATE OF CONTRACT
The starting date of this contract is based on the fact that the serving user is among the Capabilities on the Platform and is matched with an Institution.
ARTICLE 19- APPLICABLE LAW AND AUTHORIZED COURT
Turkish law will be applied in disputes arising from this contract and its termination, and the parties have accepted the exclusive jurisdiction of Istanbul Courts and Enforcement Offices.
ARTICLE 20- TERMINATION OF THE AGREEMENT
The parties have the right to terminate this Agreement at any time by giving written notice to the other party, without any penal clause, compensation or payment under any name.
In the event that the Contract is terminated by Workflex due to the behavior of the Company detrimental to Workflex, including as specified in article 16 of this Agreement, Ability will be responsible for indemnification of all kinds of damages and losses, including those claimed by the Institution and third parties. .
In the event that Yetenek wants to terminate the Agreement and promptly deletes its information from the Platform ecosystem, Workflex will stop the use of talent's information within a reasonable time.
In the event that the Agreement is terminated by Ability or Workflex, Talent's profile and Project publication will be closed for use and its access to the system will be removed, regardless of the reason for termination; It will be at Workflex's discretion to take part in the Platform and use the Platform again.
ARTICLE 21- PERSONAL DATA PROTECTION POLICY
Yetenek, within the scope of this agreement, has read the Cookie Policies, Personal Data Protection Policy and Clarification Text on the Platform, and has been informed that access to these documents can always be obtained from the KVKK section of the https://workflexnow.com site, Personal Data It accepts and declares that the Explicit Consent Statement regarding the processing, collection, storage and transfer of the Clarification Text and personal data is submitted as an annex to this contract.
ARTICLE 22- LIABILITY FOR DAMAGE
Workflex shall not be liable for any damages incurred by the Institution, real or legal third parties, official institutions and public institutions and organizations, in case of any breach of any of the above-mentioned regulations.
ARTICLE 23- NOTICE
The address of Workflex as written in this Agreement and the addresses of Talent registered on the Platform are the notification addresses. If the changes in these addresses are not notified to the other party in writing within 5 days from the date of change or by sending them to the e-mail addresses defined on the Platform, all notifications made to the addresses written in this Agreement will have all the consequences of a valid notification.
ARTICLE 24- EFFECTIVENESS
This agreement, including to the Platform, has been approved and accepted by Talent on the date of application and enters into force on the date Workflex approves of Talent's application to join the Platform.
This Agreement has been updated by Workflex on 10/06/2022.