theNetworker Payments and Invoices Policy
Work performed by Engineers located on theNetworker is performed on an hourly basis with a minimum of two hours for Work Assignments. theNetworker Tools, including the Work and Interview Calendar and NetTimeSheet provide any Buyer and Engineer with full visibility into the work carried out and the time spent on site. Buyers and Engineers are encouraged and agree to utilize these tools to effectively manage contract resources and Work Assignment completion. theNetworker and its employees are not involved in any capacity in the management of the work. Therefore, Buyers agree there is no guarantee of the perceived quality of work by theNetworker. Buyers have no commitment to continue an assignment with an Engineer and have the flexibility to scale their recruitment needs up and down at any time. Should Buyers end assignments with Engineers if there is a lack of quality in the work performed Buyers are still responsible for all approved hours worked (through submitted Engineer timesheets) on their account.
All work time MUST be submitted to theNetworker portal through the use of NetTimeSheet either by SMS, Email or Online update. Should the Engineer or Buyer require more time to successfully complete any existing or new Work Assignment tasks to be carried out, the Engineer and Buyer MUST notify theNetworker staff or record further time spent through the use of NetTimeSheet. Buyers have the right to dispute any unauthorized time worked in accordance with the Dispute Resolution Policy, if however theNetworker have received a successful confirmation of work completed or additional hours requested from both the Engineer and Buyer through the use of NetTimeSheet the Buyer will be required to pay for all hours worked. Time removed by theNetworker Support in a lost dispute case is not covered by any guarantee.
Every time a Buyer makes a payment, 75% of the total amount received goes to the Engineer and 25% goes to the theNetworker Service Fee. The service fee is always an additional 25% of the total hours worked amount. This means the Engineer will receive 100% of their advertised rate. There are no minimums or maximums on the theNetworker Service Fee. For Bonuses there is no Service Fee to pay. For hourly assignments, the theNetworker work week begins Monday morning at 00:00 AM UTC and ends the following Sunday at 11:59 PM UTC. Upon successful job completion and closure following the courtesy call the Buyer's invoice will be released and is due immediately. Received fees will be made available to the Engineer 5 days after the Buyer's payment clears. Note Time Worked is recorded in your NetTimeSheet through either SMS, Email or Direct input. It is the Engineer's responsibility to maintain their Time Logs accurately.
If work has been logged that the Buyer does not believe is valid, the Buyer can dispute the time up to midnight GMT of the following third day after work completion. Before filing an official dispute, the Buyer should contact the Engineer to request a refund from the pending hours. Please refer to the theNetworker Dispute Resolution Policy for full details.
As a Buyer you agree to pay the theNetworker Fees for all services that you receive from any Engineer identified through the theNetworker website or otherwise utilizing the theNetworker system, whether or not you use the theNetworker Payment Service or theNetworker tools to track, process and pay invoices for such services. For purposes of the foregoing, the theNetworker Fees will be deemed to be the greater of (i) £3000; or (ii) the applicable theNetworker Fees described in the then-current version of this Billing and Payment Policy that would have been due to theNetworker had theNetworker processed the applicable payments to the Engineer plus eighteen percent (25%). You agree not to engage in any action or activity meant to circumvent theNetworker Fees. Prohibited practices include (but are not limited to) the following: • Failing to report changed bid amounts or final service prices through theNetworker.
• Suggesting or soliciting Users to work outside the theNetworker system.
• Submitting bids or proposals for a project posted on the theNetworker outside of the theNetworker system or otherwise contracting to provide or receive services outside of the theNetworker system with Users who you have identified through the theNetworker system.
Buyers must complete the credit card verification process for all credit and debit cards used for the purpose of paying Engineers. Payments received from unverified credit cards cannot be released to Engineers. Failure to complete the verification process may result in suspension or termination of your account.
theNetworker provides the Payment Service and requires you to use it to make all payments to theNetworker and to make payments to and accept payments from other Users in the purchase and sale of Services through the theNetworker. Solely for purposes of the Payment Service and not for any other Services available through the theNetworker, theNetworker acts as your agent. However, you understand and agree that theNetworker will not hold funds delivered as payments to theNetworker from Users for the purchase and sale of Services through the theNetworker in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of theNetworker. In addition, you understand that such commingled funds could be used to pay other Users and by theNetworker for general corporate purposes or otherwise, provided that theNetworker will remain contractually obligated to make payment to you, as a Service Engineer, for any purchases and sales of Services provided by you through the theNetworker. To the extent theNetworker is obligated to make payment to you as a Service Engineer, in accordance with the Marketplace Agreement and Billing and Payment Policy, you will be an unsecured creditor of theNetworker. You acknowledge that: (1) theNetworker is not a bank or other licensed financial institution; (2) the amounts shown as on deposit in a User account are not segregated into a separate account but represent unsecured obligations of theNetworker to the User with respect to the purchase and sale of Services through the theNetworker; (3) theNetworker is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. In addition, your account will not constitute an escrow. By initiating and sending payments through the payment Service, you appoint theNetworker as your agent to obtain the funds and hold on your behalf and to transfer such funds to the Service Engineer or Buyer for Services, subject to foregoing and the other terms and conditions of this Billing and Payments Policy.
theNetworker acts as a payment processor by creating, hosting, maintaining and providing the Payment Service to you via the Internet. theNetworker does not have any control over the Engineer Services purchased or sold with the Payment Service, nor whether a Buyer or Engineer you are dealing with will actually complete the transaction. Nothing in the Payment Service will be deemed to constitute theNetworker your agent with respect to any Engineer Services purchased and sold by Users through the theNetworker.
You agree that you will not receive interest, fees or other earnings on the funds delivered to theNetworker through the Payment Service reflected your account or those funds that theNetworker otherwise handles as your agent. theNetworker may earn and retain interest or other earnings on those funds and/or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in reflected in accounts. In addition, you agree that theNetworker may use those funds for its own corporate purposes from time to time, with its sole contractual obligation to pay amounts due to Service Engineers and Buyers related to the Services for which the payments were received.
To pay an Engineer, you must use the Payment Service and you must follow the instructions and Payment Service links on the theNetworker Portal and provide the information requested. Unless you have a balance in your account, theNetworker will charge your credit card or bank account for the necessary amount. By providing us with your credit or debit card and/or bank account information, you authorize us to charge such credit or debit card or bank account for the amounts stated on the applicable Payment Service Web page. When you instruct theNetworker to pay an Engineer using the Payment Service, such instruction constitutes an irrevocable instruction to theNetworker to pay the Service Engineer. Once theNetworker has paid funds to the Service Engineer, theNetworker may not be entitled to demand return of the funds. You therefore agree, as a condition of using the Payment Service, NOT to ask your credit card company to charge back any amount to theNetworker for any reason. In the event you do, you hereby agree to repay theNetworker for such amounts, plus reasonable solicitors fees and costs of collection and theNetworker reserves the right to terminate Service to you in addition to all other rights available to theNetworker. Authorized Payments are Final Your use of the Payment Service constitutes your agreement to pay for any amounts which you authorize theNetworker to charge against your credit or debit card or bank account. Such payments, once authorized, ARE FINAL.
If Buyer instructs his bank or credit or debit card company to issue a chargeback on any payment, cancels a credit or debit card prior to a charge or engages in any other intentional non-payment, it will be deemed a payment made in bad faith and a violation of the contract. All projects will be frozen, refunded or dealt with in a manner theNetworker deems appropriate. Additionally, Buyer agrees that theNetworker may pursue whatever legal means become necessary to secure repayment of the entire amount of the bad faith payment from the Buyer, including by offsetting any amounts due against any amounts held by theNetworker in any Buyer account or that become due to Buyer from any other User. Buyer agrees to pay all theNetworker costs in securing such payment, including collection agency costs and reasonable solicitors fees.
The Payment Service operates in GBP and therefore theNetworker is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than GBP, nor is theNetworker responsible for currency fluctuations that occur when receiving or sending payment via wire transfer or cheque to and from your account.
If, for any reason, theNetworker does not receive payment for any amounts that you have authorized to be paid through your use of the Payment Service or other payment method provided by theNetworker, you agree to pay such amount immediately upon demand by theNetworker. You also agree to pay any interest charges, solicitors fees and other costs of collection incurred by theNetworker in collecting from you the authorized but unpaid amount. In such case, theNetworker may, at its option, stop processing any further payments made by you and apply any amounts then held by theNetworker on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service or other theNetworker Service, including by offsetting any amounts due against any amounts held by theNetworker in any Buyer account or that become due to Buyer from any other User. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities and cooperate with them in any resulting investigation or prosecution.
Any disputes in connection with Services provided by Engineers or payments made by Buyers remain between such Buyers and Engineers. By using the Payment Service, you acknowledge that theNetworker will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. theNetworker may, at its sole discretion, but shall not be required to, withhold or delay payment in the event of dispute between a Buyer and an Engineer.