PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: "2022-01-21 014:30:00"
This Terms of Service Agreement ("Agreement") is entered into by and between Closer Claus registered address D-37, NU-4 SapnaNagar, Gandhidham, Kachchh, Gujarat, India (370201) ("Company") and you, and is made effective as of the date of your use of this website https://closerclaus.com ("Site") or the date of electronic acceptance.
IF A CUSTOMER OR CLIENT USES OUR SERVICES PROVIDED TO HIM/HER FOR ANY FALSE ACTIVITIES, FRAUD, CRIMINAL ACTIVITIES, ANY ILLEGAL ACTIVITIES WE/CLOSER CLAUS/MANAGEMENT/DIRECTORS/EMPLOYEES IS/ARE NOT RESPONSIBILE FOR IT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
Welcome to closerclaus.com
The following terms of service (these "Terms of Service"), govern your access to and use of the “Closer Claus” website and mobile application, including any content, functionality and services offered on or through www.closerclaus.com or the Closer Claus mobile application (the "Site") by Kochath Shipping LLP ( D-37, NU-4, Sapnanagar, Gandhidham, kachchh, Gujarat,India) (370201), as applicable. Kochath Shipping LLP is referred hereto as "Closer Claus" "we" or "us" and “you” or “user” means you as an user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
This Site is offered and available to users who are of legal age as per law of their country for eg. 13 years of age or older as per Children's Online Privacy Protection Rule ("COPPA") and 18 years & above in India. If you are under legal age as per law of your country, you may not use this Site or the Closer Claus services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
We have a Customer Support team available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here and we will contact you back within 24 hours.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Closer Claus makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Closers: Closers are the freelancers who offer closing services to Agencies and are referred to as freelancers in the terms of service.
Closing: Closing is a sales term which refers to the process of making a sale (here: the sale of services offered by agencies).
Agencies: Agencies is a legal entity or an individual who acts as a buyer of the closing services offered by closers on our website.
Commissions: Commissions are monetary value offered by agencies to closers for their closing services.
Contracts: Contracts are formal agreements between agencies and closers for buying the closing services from a closer.
Contracts: Contracts are formal agreements between agencies and closers for buying the closing services from a closer.
Contract Value: contract value, is what a contract is worth over its lifetime.
We encourage our Agencies and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails users can contact Closer Claus's Customer Support department for assistance.
A contract is made between the Freelancer and the Agency when an order is placed on the Closer Claus platform to formalize the hiring of the Freelancer by the Agency.
The sales commission agreement serves as authorization for the Freelancer to sell goods or services on behalf of the Agency. These rights are non-transferable and non-exclusive. The Agency reserves the right to restrict the Representative’s rights through various restrictions, including geographic restrictions. The Representative agrees to sell goods and services under the Agencies brand. Goods or services may not be re-branded for any reason. The Freelancer agrees to abide by the Agency’s pricing policies. The Freelancer shall not offer discounts without the Agency’s written approval.
The agency may or may not offer the Freelancer with content to present when selling the agency’s services.
The Agency will be responsible for generating the contract to formalize the sale between the agency and the Client. The Agency may only generate the Contract to formalize the sale between the agency and the Client in the Contract maker offered by Closer Claus.
The Freelancer is responsible for formalizing the sale between the agency and the client. The Freelancer may only use the contract maker offered by Closer Claus to formalize the sale between the Agency and the Client. If the sale is not formalized with the contract maker offered by Closer Claus, Closer Claus wont be liable of paying any commissions to the Freelancer.
The Freelancer may not sell the same service from any of the agency’s competitor until the Sales Commission Agreement is valid. Although the Freelancer has absolute rights to sell other services representing other agencies while the agreement is valid (e.g. Freelancer selling Marketing services for ‘Agency A’ can sell other services like website development for ‘Agency B’). Furthermore the Freelancer can start representing other agencies (even which offer the same services) after dissolution/cancellation/completion of this agreement.
The Agreement shall be considered as complete once the Freelancer sells the agencies services to the client and the client formalizes the sale between the agency and the client by signing the agreement generated/made by the agency in the contract maker offered by Closer Claus. If the Agency wishes to continue working with the Freelancer, the Agency may order Again from the respective Freelancer and a new Sales Commission Agreement shall be generated.
Once the Sale between the Agency and the Client is formalized the Agency will be liable of paying commission to Closer Claus. Although the Agency shall not,under any circumstances pay any commission to the Freelancer
The Freelancer receives Commissions with respect to his/her Closer Level status which is mentioned in our Terms of Service. The Freelancer under no circumstances may request or accept payments from the Agency.
If the Freelancer is not able to make any sales until 120 days since the day the agreement was made the agreement will dissolve automatically and the Freelancer thereafter would have no rights to represent the respective Agency.
The Agency has total rights to Cancel/Dissolve the Agreement at any moment of time. The Agency may do so by cancel order option provided in the order page. For canceling an order the Agency is required to mention the reason for cancellation.
Note: Canceling orders due to the Freelancers Sex/race/caste/religion etc is prohibited and may result into account suspension.
Similarly Freelancers can Cancel/Dissolve the agreement at any moment of time. The Freelancer may do so by cancel order option provided in the order page.For canceling an order the Freelancer is required to mention the reason for cancellation.
Note: Canceling orders due to Sex/race/caste/religion etc of the Agencies representative on Closer Claus is prohibited and may result into account suspension.
Closer Claus has total rights to Cancel/Dissolve any agreements/contracts between the Freelancer and the Agency at any moment of time. Closer Claus may cancel Agreements between Agency and Freelancer if either one is found violating community guidelines/Closer Claus Terms of Service.
The Agreement instantly becomes null/void upon the cancellation of the order by either the agency, Client or Closer Claus. The Freelancer thereafter looses all the rights to represent the Agency. Under no circumstances may the Freelancer Represent himself/herself as the representative of the agency once the order is canceled.
The Agency by default warrants an acceptance of the agreement when an order with any of the Freelancers working on, or affiliated to Closer Claus is placed or when a application from the freelancer is accepted on the job the agency posted.
Closer Claus offers a Contract system for the Agencies to generate Contracts to formalize business between the Agency and the Client the Freelancer sells to. The Contract system is free of Cost. To formalize business between Agencies and Clients brought in by Freelancers, Agencies may only use the Contract Maker offered by Closer Claus. Using any other method to Formalize business is strictly prohibited. Formalizing business with the Clients using any other medium may result into suspension of the Agency’s account.
The Agency is responsible for generating Contracts to formalize business between Agency and the Client.The Agency may only generate the Contract to formalize the sale between the agency and the Client in the Contract maker offered by Closer Claus.
Once the contract is generated by the Agency the contract is by default sent to official email ID’s of the Agency (provided by the agency while registering) and the Potential Client.
The Client, also receives a link through mail with addition to the contract generated by the agency in the Closer Claus Contract System. The link is provided to get the Client’s Formal consent to the contract generated by the Agency in the Closer Claus Contract system.
The above mentioned link redirects the client to a web-page where the client checks a check box which states the clients consent to the contract generated by the Agency in the Closer Claus Contract system.In which case the sale between the Agency and the Client will be officially finalized and the agency therefore will be liable to pay the freelancer and Closer Claus their respective commissions through Closer Claus.
The client also has an option to check another check box which states the clients request of revision of the contract or its content consent to the contract generated by the Agency in the Closer Claus Contract system. In which case the sale will not be formalized and the Agency may make the necessary changes to the contract and send it again through the Contract system offered by Closer Claus.
The Freelancer may only use the contract maker offered by Closer Claus to formalize the sale between the Agency and the Client. If the sale is not formalized with the contract maker offered by Closer Claus, Closer Claus wont be liable of paying any commissions to the Freelancer.
When the Contract between the agency and the Client comes to an end the Contract may only be renewed in the Contract maker offered by Closer Claus.
Closer Claus offers a Training tab in the Dashboard to both Agency and Freelancer.
Agencies can upload videos/images/documents/presentations of their product/service in the Training tab, the uploaded media will be accessible to the Freelancers the Agency is currently under a Sales Commission Agreement with.
The media will be available to download for 7 days from the day of upload and will be removed from the training tab after the period of 7 days.
The media once removed will be available to neither the Agency nor the Freelancer.
If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through our Customer support. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Closer statuses or becoming permanently disabled based on the severity of the violation.
Agency accounts can also get permanently disabled for violating our Terms of Service.
Multiple Accounts - To prevent fraud and abuse, users are limited to one active Closer Claus account only. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Closer Claus community will be disabled. Mass account creation may result in disabling of all related accounts.
Note: any violations of Closer Claus’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Closer Claus . This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Closer Claus accounts.
The Site, including its general layout, design and content, is exclusively owned by Closer Claus and protected by copyright and trademark law. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
To the extent that you provide Closer Claus with any comments, suggestions or other feedback regarding the Closer Claus platform or the Site as a whole, as well as other Closer Claus products or services (collective, the “Feedback”), you will be deemed to have granted Closer Claus an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Closer Claus is under no obligation to implement any Feedback it may receive from users.
Freelancers should recognize that there might be a need for Agencies to disclose certain confidential information to be used by Freelancers for the purpose of selling the services effectively, and to protect such confidential information from unauthorized use and disclosure. Therefore, Freelancers agree to treat any information received from Agencies as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Freelancers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties except where needed to sell the agency services (iii) not use the information for any purpose except for selling the agency services; and (vi) not to copy or reproduce any of the information without the Agency’s permission.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CLOSER CLAUS NOR ANY PERSON ASSOCIATED WITH CLOSER CLAUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
IN NO EVENT WILL CLOSER CLAUS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Closer Claus, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.