About These Terms
Welcome to Welby, a website located at welbyconsulting.com, which may include managed subdomains (collectively the “Site”) and operated by Welby Marketing, Ltd. (“Welby”, “us”, “our”, and “we”). Welby provides the Site and services provided through the Site (“Services”) including connecting businesses with independent consulting experts (“Platform”).
These Terms of Service together with our Dispute Procedures, Non-Circumvention Policy, Standard Proposal Terms and Community Guidelines (collectively, the “Terms”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting these Terms and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the Services. You may not access or use the Services or accept the Terms if you are not at least 18 years old.
Effective Date: December 1, 2021
Drafted by: Grant Higginson
Reviewed & Approved by: Grant Higginson
2. Types of Users
“The User,” “You” and “Your” refer to the person, company, or organization (including any employee of such company or organization) that has visited or is using the Site and/or the Service. A User may be a Client, Consultant, both or none, depending on the context of its use within these Terms.
“Consultant” refers to users of the Platform, whether an individual or business who offer to provide freelance marketing services to Clients (“Consulting Services”). Consultants are not the employees or agents of Welby.
“Client” refers to users of the Platform, whether an individual or business who requests and/or purchases Consulting Services from a Consultant.
3. Independent Contractor StatusConsultant’s relationship with the Client will be that of an independent contractor and not that of an employee. Consultant will be solely responsible for determining the method, details and means of performing the Consulting Services within the scope defined in the Proposal. Consultant will have full responsibility for applicable withholding taxes for all compensation paid to Consultant under a Proposal.
4. Payment Terms and Transactions
Payment Process. Payment will be processed for the Consulting Services in the schedule set forth in the Proposal and the Proposal Terms. Welby will have the right to charge the Client’s credit card, bank account, or PayPal account for the full amount of the agreed-upon fee, in addition to Welby’s processing fee, if any. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. All payments are processed through Welby’s Platform in order to secure the transaction and facilitate dispute resolution procedures.
Payment Information; Taxes. All information that Client provides in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. Client agrees to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. Client will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Responsibility for Payment. Client is responsible for all fees, including taxes, associated with your use of the Service. You are responsible for providing us with a valid means of payment. Client must keep current payment information on file with Welby and Client’s account must be adequately funded to pay for any services rendered. By agreeing to these terms, Client is giving Welby permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize Welby to satisfy.
Notification of Payment. Welby will email Client a receipt when your card has been charged. If Client’s card cannot be charged, your access to the Services may be suspended and you will need to update your card information in order to resume use. Welby may terminate a Client’s Account if Client fails to make any payments owed to a Consulting for Consulting Services performed on the Platform.
Chargebacks. Client acknowledges that Welby has a dispute resolution process in the event you have a dispute concerning the services provided to you. If you have a dispute concerning any payment transaction, please contact our billing department. If, at any time, you contact your bank or credit card company to reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. We will not be liable for any loss of files, data or content as a result of a Chargeback. Without limiting other available remedies, Client must pay Welby upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Consultants are independent professionals who offer to perform Consulting Services for prospective Clients. They are not employees of Welby.
Consultant Responsibilities. Consultants are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Platform, including without limitation User Content, and any communications they may have with prospective clients through the Platform, fully comply with all applicable laws. Consultants must have the appropriate rights and licenses for all work created for a Client.
Payments to Consultants. Welby facilitates the payment from Clients to Consultants through our third-party payment provider. As such, Welby charges a transaction fee for each payment made through the Platform (“the transaction fee” or “fee”). Consultants are responsible for determining the price of any Consulting Services sold through the Platform and should factor the Welby transaction fee into their pricing determinations. Consultants are responsible for keeping their Accounts and profiles up-to-date with your payment details. Consultant acknowledges and understands that it can take days or sometimes weeks from when a payment is collected on the Platform before dispersing to Consultant’s bank account. If a Client submits a Dispute Notice (as defined in our Dispute Procedures), Welby may withhold disbursement of those funds until the dispute is resolved. If a Client fails to pay a weekly invoice, Consultant should cease all work for the Client until such payment is made. Welby is not responsible to Consultant if Client fails to make payment for any Consulting Services performed by Consultant and Consultant agrees to hold Welby harmless for a Client’s breach of their payment obligations.
Independent Contractor. Consultants are independent contractors and are responsible for keeping track of all income earned on the Platform, reporting their income to the CRA/IRS, and paying taxes appropriately. Taxes will not be withheld out of any payments made to Consultants and neither Clients nor Welby are required to provide Consultants with a 1099 or other applicable tax-related documentation. Consultants will perform the Consulting Services as an independent contractor and nothing in these Terms will be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Welby and any Consultants or any Clients. Welby has no liability to the Consultants or any Clients if a determination legal or otherwise is made by a federal, state or local agency or authority that any Client is a joint employer of the Consultants, or that the Consultants are employees of Welby and/or of the Client.
6. Site Content
Our Site may provide informational and educational content. All content on this Site is for informational and educational purposes only, is general in nature, and under no circumstance does the content on our Site undertake to give advice for your particular situation. The content on our Site is not meant to be relied upon by Site visitors in reliance on making any decisions. In the event that you use the information provided through our Site or Services, we assume no responsibility.
7. Dispute Resolution.
If at any time a dispute arises between a Client and a Consultant over Consultant’s timesheet or failure of Client to make payment, such as a dispute will be governed by Welby Dispute Resolution Procedures.
Changes to Terms. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any significant changes to these Terms will be effective 30 days after posting such notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Copyright/Trademark Information. Copyright © 2020 Welby Marketing Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Last Updated: December 20th, 2021