Terms of Service

Last Updated: Jan 02, 2020

Welcome to WpCircle. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and WpCircle (“WpCircle,” “we,” “us,” or “our”). These Terms govern your access to and use of the WpCircle website, mobile applications, and all services provided through the platform (collectively, the “Platform”).

By creating an account, posting a project, or submitting a proposal on the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you are not authorized to access or use the Platform.

1. DEFINITIONS AND INTERPRETATIONS

To ensure clarity throughout this agreement, the following terms are defined as follows:

• Client: Any individual or legal entity that registers an account on WpCircle for the purpose of posting projects, interviewing professionals, and hiring for services.
• Professional: Any individual, freelancer, or agency that registers on the Platform to offer WordPress-specific expertise, submit proposals, and perform work for Clients.
• Project: A specific scope of work, task, or set of requirements published by a Client on the Platform seeking professional assistance.
• Milestone: A distinct, pre-defined phase of a Project (e.g., “Homepage Design” or “Plugin Integration”) associated with a specific portion of the total budget.
• Escrow Vault: The secure, neutral holding account managed by WpCircle where project funds are deposited by the Client and held until work is verified and approved.
• Work Product: Any and all deliverables, including but not limited to code, designs, graphics, documentation, and configurations, produced by a Professional for a Client under a Service Contract.
• Service Contract: The specific agreement formed directly between a Client and a Professional once a Milestone or Project has been funded. WpCircle is not a party to this contract.

2. ELIGIBILITY, ACCOUNT REGISTRATION, AND SECURITY

2.1. Age and Capacity: You must be at least 18 years of age and possess the legal capacity to enter into binding contracts to use this Platform. By registering, you represent that you meet these requirements.

2.2. Verification and Accuracy: You agree to provide accurate, truthful, and complete information during the registration process. WpCircle reserves the right, but not the obligation, to verify any information provided, including identity verification through third-party services.

2.3. Account Types and Conflicts: Users may register as a Client or a Professional. While one individual may hold both types of accounts, they may not use a single project to act as both parties simultaneously. Any attempt to engage in “self-hiring” to manipulate platform metrics is strictly prohibited.

2.4. Account Responsibility: You are solely responsible for maintaining the confidentiality of your login credentials. You are liable for all activities, communications, and financial transactions that occur under your account, whether authorized by you or not. You must notify WpCircle immediately of any unauthorized access.

3. THE WPCIRCLE MARKETPLACE RELATIONSHIP

3.1. Independent Contractor Status: WpCircle operates as a digital marketplace only. Professionals are independent contractors and are NOT employees, partners, joint venturers, or agents of WpCircle. Professionals have the sole right to determine when, where, and how they perform their services.

3.2. Platform Role and Limitations: WpCircle does not supervise, direct, or control the professional’s work, nor do we set their hours or provide them with tools or equipment. We do not guarantee the quality, safety, or legality of the services advertised, the truth or accuracy of the listings, or the ability of Professionals to deliver services.

3.3. One Professional Per Project Rule: To maintain the integrity of our tracking and Escrow systems, a Client may only assign one (1) Professional to any single Project ID. If a project requires a team or multiple specialists, the Client must either hire an agency as a single entity or post separate project listings for each unique contributor.

3.4. Taxes and Benefits: Professionals are responsible for all tax liabilities, insurance, and benefits associated with the income they earn through the Platform. WpCircle does not withhold taxes or provide any form of employee benefits.

4. PROJECT POSTING, PROPOSALS, AND CONTRACTUAL TERMS

4.1. Project Accuracy: Clients must provide a comprehensive “Scope of Work” when posting. Vague descriptions lead to disputes; therefore, specific technical requirements (e.g., PHP versions, specific plugins, or theme frameworks) should be disclosed upfront.

4.2. The “Locked Contract” Policy: Upon the Client funding a Milestone, the price, timeline, and scope for that specific Milestone become legally locked and uneditable. This prevents “scope creep” for the Professional and “price hiking” for the Client. Any additional work discovered during the process must be handled via a new project or a subsequent milestone.

4.3. Sequential Milestone Logic: WpCircle operates on a linear progression model. A Client cannot fund Milestone 2 until Milestone 1 has been approved and its funds released. This ensures that projects move forward only when both parties are satisfied with the current progress.

5. PAYMENTS, FEES, AND THE ESCROW SYSTEM

5.1. Funding Requirements: To move a project into “Active Development,” the Client must deposit the agreed-upon amount into the WpCircle Escrow Vault. Work performed before a milestone is funded is done at the Professional’s own risk and is not protected by our platform.

5.2. The Escrow Mechanism: WpCircle holds the funded amount to protect the interests of both parties. Funds are only released to the Professional’s withdrawal account when the Client manually clicks the “Approve & Release” button in the Workspace.

5.3. Automatic Release of Funds: In instances where a Professional has submitted work via the platform but the Client fails to approve or reject the submission within 14 calendar days, WpCircle reserves the right to review the submission. If proof of delivery is verified, WpCircle may release the funds to the Professional to prevent unfair withholding of payment.

5.4. WpCircle Service Fees: WpCircle charges service fees for facilitating the marketplace, managing Escrow, and providing support. These fees are deducted automatically from the transaction. Fees are non-refundable and are subject to change with notice to users.

6. CANCELLATIONS, REFUNDS, AND COMMITMENT

6.1. No-Cancellation Policy After Funding: Once a Milestone is funded and work has commenced, the Client is not entitled to a refund or cancellation. The act of funding is a formal commitment of the budget to the Professional, who in turn reserves their time and professional availability for the project.

6.2. Mutual Cancellation: If both the Client and Professional agree in writing within the Platform Chat to cancel a project before completion, WpCircle may, at its discretion, process a partial or full refund of the Escrowed funds, minus platform service fees.

6.3. Refund Eligibility: Refunds are only granted in exceptional circumstances, such as:

• The Professional definitively fails to submit any work by the agreed deadline.
• The Professional’s account is suspended for fraudulent activity.
• A Dispute Resolution ruling determines that the work provided was significantly outside the agreed scope.

7. SERVICE DELIVERY, REVISIONS, AND QUALITY

7.1. Formal Submission: Professionals must use the “Submit for Approval” feature within the Workspace to deliver their work. This creates a timestamped record and allows for the attachment of final files and documentation.

7.2. The Review Obligation: Clients have a duty to review submitted work promptly. Reviewing includes testing functionality on staging sites, verifying design assets, and checking against the original scope.

7.3. Reasonable Revisions: If the delivered work does not meet the agreed-upon requirements, the Client may request revisions. Professionals are expected to perform up to two (2) rounds of reasonable revisions to align the work with the original scope. Requests for work outside the original scope are considered “New Work” and require a separate payment.

8. NON-CIRCUMVENTION AND PLATFORM INTEGRITY

8.1. Off-Platform Payment Prohibition: Users agree to communicate and process all payments for work that started on WpCircle exclusively through the Platform. This obligation remains in effect for 24 months after the initial introduction between the Client and Professional.

8.2. The Conversion Fee: If a User wishes to move a relationship off-platform before the 24-month period, they must pay an “Opt-Out Fee” to WpCircle, calculated based on the estimated future earnings of the relationship.

8.3. Enforcement and Penalties: Attempting to pay or receive money via PayPal, Bank Transfer, or other external methods for WpCircle-originated projects is a material breach of these Terms. This results in the permanent suspension of all involved accounts and the immediate forfeiture of any active Escrow protections.

9. USER CONDUCT, COMMUNICATION, AND SECURITY

9.1. Exclusivity of Chat: For your protection, all project-related communication must stay within the WpCircle Chat system. WpCircle cannot verify or use external chat logs (WhatsApp, Skype, etc.) as evidence during a dispute.

9.2. WordPress Credential Safety: Clients are responsible for their own site backups. We strongly recommend sharing access via “Temporary Login” plugins or limited-access administrator accounts. WpCircle is not liable for data loss, site crashes, or unauthorized changes made by a Professional.

9.3. Prohibited Activities: Users may not engage in:

• Spamming other users with unsolicited offers.
• Harassment, hate speech, or professional defamation.
• Uploading malware, viruses, or “nulled” (pirated) plugins/themes.
• Scraping data from the Platform for commercial use.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. Ownership Transfer: Upon the final release of funds from Escrow, all ownership rights, titles, and interests in the Work Product are transferred from the Professional to the Client. The Professional retains no rights to the code or designs unless otherwise explicitly agreed upon in writing.

10.2. Portfolio Use: Unless a Client explicitly requests a Non-Disclosure Agreement (NDA) and pays an associated privacy fee, the Professional retains the right to display screenshots and descriptions of the work in their personal portfolio for self-promotion.

10.3. WpCircle Assets: All Platform technology, logos, and UI designs are the proprietary property of WpCircle. You may not copy or reproduce any part of the Platform without our written consent.

11. DISPUTE RESOLUTION AND MEDIATION

11.1. The Mediation Process: If a Client and Professional reach an impasse regarding a milestone, either party may initiate a Dispute. WpCircle will act as a neutral mediator to resolve the issue.

11.2. Evidence-Based Rulings: In making a decision, WpCircle will exclusively review the Platform Chat logs, the original Project Description, and the submitted files. We do not consider external emails or outside communication.

11.3. Finality: You agree that WpCircle’s decision regarding the distribution of Escrow funds is final and legally binding. Our liability in any dispute is limited solely to the amount of funds held in the Escrow Vault for that specific project.

12. LIMITATION OF LIABILITY AND INDEMNIFICATION

12.1. WordPress Environment Risks: WordPress is an open-source ecosystem. WpCircle is not liable for issues arising from third-party plugin updates, theme incompatibilities, hosting failures, or security vulnerabilities in the underlying WordPress core.

12.2. General Limitation: To the maximum extent permitted by law, WpCircle’s total liability for any claim arising out of these Terms shall not exceed the total fees paid by you to WpCircle in the six (6) months prior to the claim.

12.3. Indemnification: You agree to indemnify and hold WpCircle harmless from any claims, damages, or expenses (including legal fees) arising from your breach of these Terms or your interactions with other Users.

13. TERMINATION AND DATA RETENTION

13.1. Right to Terminate: WpCircle reserves the right to suspend or terminate your account at any time, for any reason, including but not limited to violations of the conduct policy or non-circumvention rules.

13.2. Post-Termination Access: Upon termination, you lose access to the Workspace. We recommend that Clients download all project files and professionals download their earning reports regularly. WpCircle is not obligated to provide data exports after an account is closed.

14. GOVERNING LAW AND CONTACT

14.1. Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of [Insert Your Business Jurisdiction, e.g., India/United States], without regard to conflict of law principles.

14.2. Contacting Us: For legal inquiries or questions regarding these Terms, please contact us at legal@wpcircle.com.

By clicking “Accept” or continuing to use WpCircle, you acknowledge that you have read and agree to these Terms of Service.