For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
- The term ‘You’, ‘Experts’, ‘Client’ & ‘User’, shall mean any legal person or entity accessing or using the services provided on this Platform who is competent to enter into binding contracts, as per the laws of Singapore.
- The term ‘Service’ shall mean providing a platform that serves the needs of clients, Management domain experts , HR tech products, and users of HR products and services.
- The terms ‘Products’, ‘Resources’ and ‘Projects’ refers to goods and services offered by the Company to Users in relation to Management experts services provided.
- The 'Company' refers to SOLVECUBE PTE LTD (fka) ICUBE CONSORTIUM PTE LTD , and for the purpose of this agreement, entity that belongs to the platform for billing, collections, disbursement of collected fees as per contract and dispute management.
The Expert agrees to sell and the Client agrees to purchase from the Expert, through the Platform provided by the Company the provision of Management experts ON CALL, Management domain experts, Management services, HR Products and the execution of Management Projects, subject to the following terms and conditions:
Client is to provide his/her requirements, after which the Platform will provide recommendations of suitable Experts. At this point the Client must pay a specified pre-transaction fee. This fee is specified on the system and varies depending on whether the Client is an one-off Client or has taken one of the various levels of subscription.
The Client then chooses to further discuss with Experts and identifies Experts from the recommendations of the platform to progress discussions with. The system sends a message to the chosen Experts.
Following this, the Expert is required to pay a pre-transaction fee to view the project details for bidding. The pre-transaction fee works in a similar way as for the Clients.
Each Expert bidding is to submit their proposals, and the Client must review them. The Client has the opportunity to make up to two calls through the platform or engage with chats within the platform, with the Expert of their choice to negotiate the deal.
Once the pricing has been agreed to, they must both agree on the deliverable, the payment schedule and the milestones on which the payment is to be made. These details, namely the description of the service, the payment amounts, and the related milestones, once mutually agreed upon are recorded on the system as agreed upon by the Client and Expert as specified in Annexure – Agreed Proposal.
The Expert will either make the full payment in advance to the Company or the advance related to the milestone. The Company will hold the payment in the Platform.
Once a milestone is completed, the Expert must identify the milestone as complete on the Platform system. The Client must also confirm the completion of the milestone. Only after both Client and Expert have confirmed completion of the milestone will the payment be released by the Company to the Expert for completion of that specified milestone.
The Client will then pay the Company the advance for the next milestone. The Expert will be intimated of the same on the receipt of payment from the Client and will then continue with the execution of deliverables as per next milestone specified. The amount is kept with the Platform and will follow the process stated above. If the Client does not pay the advance for the next milestone in the specified time, the Expert will be advised to hold or stop the execution of the next milestone .If the Expert continues with the execution even after the advice from the Company to hold or stop the execution of the subsequent milestones, it will be at their own risk.
All communications between the Client and the Expert, including but not limited to voice calls, video calls, chats, and emails, must all be conducted through the Platform only. Both Clients and Experts commit that they will not communicate or attempt to communicate outside the platform directly with each other. If they do, The Company reserves the right to terminate their usage of the platform and the Company will not be obliged to refund any monies of either the Clients or/and the Experts, or both, or any other payments that may have been made to the Company. Further, if the Client and Expert are found to be engaging in delivery of Products, Projects, Resources and Services outside the platform after establishing contact or initiating discussions through the platform, the Company maintains the right to initiate appropriate legal action for damages due to breach of these terms. and likely loss of revenue.
If at any point the Client or Expert cease communications without informing the other Party for a specified period of time, designated as two weeks under ordinary circumstance unless specifically provided as otherwise, due to which the contract services cannot be provided and fulfilled, the contract shall stand terminated and the Company will not be obliged to refund any monies of the Clients or/and Experts or any other payments that may have been made to the Company.
All issues related to quality of deliverables, completeness of work, and other relevant details are to be assessed and managed by and between the Client and Expert directly. The Company and the Platform will have no accountability pertaining to the deliverables and cannot be held liable for any discrepancies or disputes therein.
Ownership and title, if any, of any Products/Projects/Resources/Services supplied shall be transferred to the Client only on receipt of full payment against the Products/Projects/Resources/Services supplied.
All products, resources, services or projects provided against a single order shall be considered as a separate contract in its entirety and failure of provision of one order shall not be deemed to violate the contract in respect of other orders.
The Company is not responsible for the recommendations made by the matchmaking engine of the Platform, for the selection of the Expert by the Client . Unless it is recognized as a pattern of a bug in the system, which would be rectified as part of the routine maintenance and testing process.
The Company is not responsible for non-fulfilment of any terms specified between the Expert and the Client, including but not limited to timelines, quality of deliverables or payment agreed to by the Client and Expert on the platform.
The Company is to be indemnified for any actions of the Client or the Expert that may result in a disruption or loss of any kind to the Company or the Platform or both. The Company and Platform bear no liability for the actions of the Clients or Experts individually and jointly before, during and after the provision of services through the Platform.
The Company shall not be liable for delay in providing the Products, Projects, Resources and Services or portion thereof if such delay is due to the act of the god, war declared or undeclared revolution, embargo, riots, civil or political disturbances, lock-out, strikes, force majeure, trade disputes, accidents, fire, droughts, floods or any cause beyond the Company’s control.
The Company shall not be liable for any demurrage, etc., on delay in provision of Products, Projects, Resources and Services due to public holidays, postal delays, etc. or any other reasons beyond the Company’s control.
All notices or documents addressed to the Client and Expert shall be deemed to have been validly served once delivered to the address provided or sent by mail as per details given on the Platform. Notices or Documents may also be delivered through the system provided on the Platform, in case details have not been provided. Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to talktous@solvecube.com.
In the event of a dispute, it is expressly hereby agreed to by the Company, Clients and Experts respectively, that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism described below Dispute Resolution Policy. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of these Terms. The two-step method shall require, in order:
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Singapore.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Singapore and all disputes are to be adjudicated in the Courts of Singapore.