WRKP Refund Policy Terms & WRKR Responsibilities
These terms and conditions govern WRK’s Provider Refund Policy (the “WRKP Refund Policy”) available to Providers who list a service request through the WRK Site or Application (the “Platform") and are eligible for a cancellation. All capitalized terms shall have the meaning set forth in the WRK Terms of Service or Payments Terms of Service, which are incorporated herein, unless otherwise defined in this WRKP Refund Policy.
1. Cancellation. An “Eligible Cancellation Scenario” means any one of the following: a) the Wrkr (i) voluntarily cancels the WRK offer request before the scheduled start or (ii) does not start the service because either he or the Provider elects not to begin the service contemplated in the offer; or (b) the Provider (i) voluntarily cancels the WRK offer request prior to WRK being scheduled or (ii) hires the Wrkr and terminates the Wrkr’s service based on unsatisfactory performance within sixty (60) days of the start date. The eligibility of circumstances not described in this Section will be determined by WRK in its discretion.
2. The Provider Refund Policy. If you are a Provider and there is an Eligible Cancellation Scenario, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Platform, as determined by WRK in its discretion, depending on the nature of the Eligible Cancellation Scenario or (ii) credit your account. All determinations of WRK with respect to the WRKP Refund Policy, including without limitation the size of any refund, shall be final and binding on the Provider and the Wrkr.
3. Conditions to Claim an Eligible Cancellation Scenario. In order to submit a valid claim for an Eligible Cancellation Scenario you are required to meet each of the following conditions:
(a) you must bring the cancellation issue to our attention in writing or via our “Ticket support center” under the title “Cancellations requests” and provide us with information (including photographs or other evidence, be a much informative as you can) about the circumstances of the cancellation within 24 hours of the Eligible Cancellation Scenario, and must respond to any requests by us for additional information or cooperation;
(b) you must not have directly or indirectly caused the Eligible Cancellation Scenario (through your action, omission or negligence); and
(c) you must have used reasonable efforts to try to remedy the circumstances of the Eligible Cancellation Scenario with the Wrkr prior to making a claim for a refund.
4. Minimum Quality Standards, Wrkr Responsibilities and Reimbursement to Provider. If you are a Wrkr, you are responsible for ensuring that the services you provide meet minimum quality standards regarding the description and requirements on the Platform & under “WrKr Guidelines” and “WrKr Registration acknowledgment” (Will be hyperlinks to policies). During the 24-hour period following an Eligible Cancellation Scenario, Wrkrs should in good faith communicate with the Provider through the Platform to resolve Provider issues. If you are a Wrkr, and if (a) WRK determines that a Provider has suffered an Eligible Cancellation Scenario related to your services and (b) WRK either reimburses that Provider any amount up to the amount paid by the Provider through the Platform, you agree to reimburse WRK up to the amount paid by WRK within 30 days of WRK’s request. All determinations of WRK with respect to the WRKP Refund Policy, including without limitation the size of any refund to the Provider, shall be final and binding on the Providers and Wrkrs. You also agree that in order for you to reimburse WRK up to the amount paid by WRK, WRK may off-set or reduce any amounts owed by WRK to you by this amount. The rights of the Providers under the WRKP Refund Policy supersede the cancellation policy established by a Wrkr. If you as a Wrkr want to challenge/dispute the cancellation, a WRK Team member will contact you and you will need to comply in writing or via telephone and provide us with information (including photographs or other evidence, be as informative as you can) disputing the claims regarding the cancellation, provided you must have used reasonable and good faith efforts to try to remedy the issue with the Provider prior to disputing the claim. You agree that all determinations of WRK with respect to the cancellation shall be final and binding on the Providers and Wrkrs regardless of your submission of a dispute against such cancellation. In the event of one or more cancellations, WRK, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your WrKr ranking, automated reviews indicating cancellation issues, cancelling future WRK offers, suspending or removing your account or imposing penalties or fees for the administrative burden associated with the cancellation(s).
5. General Provisions.
(a) No Assignment/No Insurance. This WRKP Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Provider, and the Provider has not paid any premium in respect of the WRKP Refund Policy. The benefits provided under this WRKP Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. WRK reserves the right to modify or terminate this WRKP Refund Policy, at any time, in its sole discretion, and without prior notice. If WRK modifies this WRKP Refund Policy, we will post the modification on the Platform or provide you with notice of the modification and WRK will continue to process all claims for cancellations made prior to the effective date of the modification.
(c) Entire Agreement and Definitions. This WRKP Refund Policy constitutes the entire and exclusive understanding and agreement between WRK and you regarding the WRKP Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between WRK and you regarding the WRKP Refund Policy.
(d) Limitation of Liability. IN NO EVENT WILL WRK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WRKP REFUND POLICY, EXCEED THE AMOUNT OF THE FEES COLLECTED BY WRK FROM THE PROVIDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE PLATFORM AS A WRKR OR PROVIDER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS WRKP REFUND POLICY.
6. Contacting WRK. If you have any questions about the WRKP Refund Policy, please contact WRK at _____________.