Welcome to Workana Enterprise!
Workana Enterprise is a service promoted by Workana, specialized and integrated into our platform. By accepting these terms, the Client agrees to the following conditions:
1. About the Service
1.1. Workana offers the "Workana Enterprise" service, providing intermediary and advisory services to the Client in hiring freelancers to execute on-demand projects remotely. The goal is to connect companies with qualified freelancers, ensuring a selection that meets the specific needs of each project described by the Client.
2. Use of Client's Brand and Name
2.1. During the term of the service provision, the Client authorizes Workana to use the name and logo of their company in our client list and marketing materials. This authorization is revocable at any time, requiring only a formal request to cease its use.
3. Confidentiality
3.1. Workana and the Client shall keep confidential, during the term of the service provision and even after its termination, any confidential information related to the business, policies, trade secrets, organization, creation, and other information relating to the activity, its clients, suppliers, representatives, or employees.
3.2. For the purposes of this relationship, confidential information is defined as: (a) any information related to the business and operations of the activity that are not public, (b) information contained in research, drawings, designs, proposals, projects, business plans, sales or marketing, financial information, costs, pricing data, business partners, supplier and client information, industrial secrets, intellectual property, specifications, expertise, techniques, inventions, and all methods, concepts, or ideas related to the business.
3.3. Workana and the Client are prohibited from passing on any of these informations to third parties, whether individuals or legal entities, as well as the informations relating to this service provision and its own existence, except when expressly authorized.
3.4. It is emphasized that the duty of confidentiality remains even after the end of the service provision.
In case of doubt about the confidentiality of any information, the parties shall keep it in absolute secrecy until the counterpart expressly states otherwise.
3.5. In case of violation of this clause, the violating party will be subject to possible civil and criminal penalties applicable.
4. Intellectual Property
4.1. The parties acknowledge and declare that the Client, the requester of the on-demand project, will have all rights, title, and interest in all creations or inventions, whether registrable/patentable or not, related to the contracted services and developed within the project by the Freelancer. This is in accordance with the Terms and Conditions, section "2", letter "d".
4.2. The Freelancer must permanently transfer to the Client the copyright rights over the services and other materials developed, transferring them from their assets to the Client in an irrevocable and irreversible manner, allowing the Client to exploit them locally and/or abroad.
4.3. This transfer of intellectual property rights is definitively agreed upon. This assignment is made free of charge, and no payment will be due from the Client to the Freelancer as a result of this transfer.
4.4. The Freelancer must grant the Client the broadest, complete, and unrestricted release, without further claims, in any capacity or instance, expressly stating that they have no right to any compensation due to the economic exploitation that the Client carries out of the materials and works developed.
4.5. This assignment is granted exclusively, and the Freelancer may not assign the rights of the work product to third parties or authorize its use in any way.
5. Independence of the Parties
5.1. This agreement does not establish any form of partnership, employment link or subordination between the Client company, Workana, and the freelancer. Each party maintains its complete operational and legal independence.
6. Applicable Law and Conflict Resolution
6.1. The service provision will be governed by the laws and procedures established in item 8 of the Terms and Conditions, and any disputes or conflicts arising from this Contract will be resolved before the chosen arbitration chamber, with the exclusion of any other forum, no matter how privileged it may be.
7. Communications
7.1. For all notifications related to this relationship, we will use email. Ensure that the provided email address is always up to date and monitored.
8. Electronic Signature
8.1. Workana and the Client expressly recognize the truthfulness, authenticity, integrity, validity, and effectiveness of the legal documents of this relationship, signed digitally, and recognize as a valid manifestation of consent their electronic signature through the electronic signature tool.
8.2. The signatures are considered valid, binding, and enforceable, provided they are signed by the legal representatives of the Parties. The Parties waive the right to refuse or dispute the validity of the electronic signatures.
Thank you for choosing Workana!