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Effective date: Nov 29, 2023
These Expert Packages Terms of Service (“Expert Packages Terms”) define the agreement between you (the “Client” or the “Service Provider”, as applicable, jointly the “Contracting Parties” each a “Contracting Party”) and Webflow, Inc. (“Webflow”, “we”, “us”, or “our”) regarding any use of the Expert Packages service offered by Service Providers through the Platform. By utilizing the Expert Packages service, (1) you confirm that you have reviewed and agree to be bound by, on behalf of yourself and/or the applicable entity you use Webflow on behalf of these Expert Packages Terms; and (2) you agree such terms are hereby incorporated by reference into our Terms of Service, including any relevant agreement, policy, or addendum incorporated therein and any amendments or modifications thereto (in either case, together with the Expert Packages Terms, the “Agreement”). The Expert Packages Terms are in addition to and, except where explicitly stated, do not supersede, replace, or limit other similar terms in the Agreement. Undefined capitalized terms used herein shall have the meanings ascribed to them in the Agreement.
BY USING THE EXPERT PACKAGES SERVICES YOU AGREE TO BE BOUND BY THESE EXPERT PACKAGES TERMS AND THE DISPUTE RESOLUTION PROCESS INCLUDING BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN THE AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER, YOU MAY NOT USE, PARTICIPATE IN, OR OTHERWISE ACCESS THE EXPERT PACKAGES OFFERINGS.
1. How Expert Packages Works
With Expert Packages, a Service Provider and Client can directly and expeditiously enter into an agreement with one another for pre-defined, fixed-price projects as specified by the Service Provider on Service Provider’s Marketplace page. If either Client or Service Provider creates the work proposal and the other party accepts the proposal through the Platform, the Client and Service Provider will enter into a direct agreement with one another for the mutually agreed upon work at the mutually agreed upon price ( “Contracted Project”) subject to these Expert Packages Terms.
2. Direct Relationship Between Client and Service Provider
You understand and agree that Webflow is not involved in or responsible for any work performed by Service Providers, and has no control over any Service Provider or Client. Webflow does not represent, warrant, or guarantee that Client or Service Provider will perform on the Contracted Project and to the maximum extent permissible under applicable laws, Webflow will not be held liable for the actions of the Contracting Parties.
Webflow does not have any power or authority to, and does not, determine any eligibility standards for any Contracted Project, select or contract any Service Provider to provide services to Clients for Contracted Projects, determine or control any means of performing on Contracted Projects, or cause any Service Provider to accept any proposed project or perform any services specified in the Contracted Project. Client and Service Provider agree that Client will select the Service Provider, that the scope of work will be specified in the Contracted Project between Client and Service Provider, and that Client and Service Provider will take up any issues with the work and/or its scope between each other, unless otherwise provided for herein.
3. Relationship Between Webflow and Service Providers
You (Service Provider) and Webflow agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
You (Service Provider) understand and agree that: (a) Webflow does not and will not control or direct your performance on Contracted Projects; (b) Webflow is not hiring you in any capacity; (c) Webflow does not design or build websites for Clients; and (d) the work you perform for Clients is done by you in the course of your own operations as a web designer or web design business or operation.
4. Fees Paid by Service Providers
You (Service Provider) hereby agree to pay Webflow a 7.9% payment processing and administration fee on the price of the Contracted Project. Payments from a Client to a Service Provider will be credited to the Service Provider’s Stripe account promptly after a Client pays for the agreed upon work in the Contracted Project. The funds will be held in the Service Provider’s account for thirty (30) days and then be available for withdrawal thereafter.
As an example, and for illustrative purposes only, if a Service Provider and Client agree to a Contracted Project with a price of $100, and the Client pays on June 1st, $92.10 will be credited to Service Provider’s Stripe account on or about June 1st and be available for withdrawal on or about July 1st.
5. Refunds and Change Requests
Any refunds or change requests shall be addressed in accordance with Expert Packages Policy Details.
6. Intellectual Property Ownership
Unless otherwise separately agreed upon between the Client and Service Provider, when any of the work (including partially completed or unfinished work) specified in the Contracted Project is delivered by the Service Provider and accepted by the Client, the Service Provider shall be expressly assigning to the Client all Intellectual Property Rights (as defined in the Terms of Service) in the delivered and accepted work provided the Service Provider has received adequate payment (pro-rata or full, as applicable) for the delivered work.
If a Service Provider receives full payment for the work specified in a Contracted Project and the Service Provider cancels or fails to complete the Contracted Project, Service Provider shall provide any and all work produced in furtherance of the Contracted Project to the Client and shall be expressly assigning all Intellectual Property Rights in that work to Client.
If a Service Provider receives partial payment for a Contracted Project (e.g. as part of an agreed upon delivery schedule) and Service Provider cancels or fails to reasonably deliver the work as agreed between by the Contracting Parties, Service Provider shall provide all work in scope for the already received partial payment to Client and will be expressly assigning all Intellectual Property Rights in that work to Client.
Service Provider will retain all Intellectual Property Rights and have no obligation to provide relevant work in the Contracted Project to Client if Service Provider does not receive the agreed upon payment from Client.
7. Indemnification
You hereby agree to indemnify, defend, and hold harmless Webflow (including its Affiliates and its and their members, officers, directors, managers, employees, agents, successors, and permitted assigns) from and against any claims, demands, proceedings, losses, liabilities, and all related costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Losses”) originating from the other Contracting Party or a third-party against Webfow arising from or relating to (a) your participation in or use of the Expert Packages offering; (b) your violation or breach of these Expert Packages Terms or any obligations, representations, or warranties under the Agreement; (c) your violation or breach of any applicable laws, rules, or regulations or the rights or good name of any third party or the other Contracting Party; (d) any claims from or by tax authorities in any country in relation to your use of the Expert Packages offerings and other operations for which Webflow may be held jointly and severally liable.
8. General
In the event of any conflict between the Agreement and the applicable terms and conditions of these Expert Packages Terms, the applicable terms and conditions of these Expert Packages Terms shall govern, but solely with respect to such conflict. All other terms and conditions of the Agreement not expressly modified by these Expert Packages Terms shall remain in full force and effect.
The applicable terms and conditions of these Expert Packages Terms, together with the Agreement, set forth the final, complete, and exclusive agreement between the parties relating to the subject matter hereof, and supersede any other agreements or communications relating thereto. Webflow may, in its sole discretion, modify, or update these Expert Packages Terms from time to time in the usual course of business. Webflow will provide you with notice of any material changes, modifications, or updates to these Expert Packages Terms through your email Webflow has on file, through the Platform, and/or by updating the date at the top of these Expert Packages Terms, at Webflow's discretion. You are responsible for updating and maintaining your current contact information through the Platform and reviewing the Expert Packages Terms for updates. Your continued use of any Expert Packages offerings after any such modifications or updates shall constitute your consent to such changes.