This Agreement was last modified on 1 January, 2023.
This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.
If You do not accept any of the RISEUP T&C, please do not use the Sakasi’s RISEUP or avail any of the services being provided therein. YOUR AGREEMENT TO THE RISEUP T&C SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND SAKASI IN RESPECT OF THE SERVICES OF THE SAKASI RISEUP PLATFORM.
Your engagement with Sakasi to use the services of the RISEUP Platform are subject to your acceptance of these RISEUP T&C. Sakasi reserves the right, at its sole discretion, to change, modify, add or remove these RISEUP T&C, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the RISEUP T&C periodically for changes. Your continued use of the Sakasi’s RISEUP Platform following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these RISEUP T&C, Sakasi grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the service on the RISEUP Platform.
These RISEUP T&C together with the Agreement shall form the complete understanding between the Parties. By accepting these RISEUP T&C, You acknowledge and agree to the RISEUP T&C and Sakasi policies that Sakasi makes applicable to You from time to time, to the fullest extent possible.
Unless defined herein, the words, phrases and capitalized terms, which are contained or referred to in these RISEUP T&C, shall be construed as having the meaning thereby attributed to them in the Agreement.
- “Acceptance” means your affirmative action of clicking on the box against the words “ I Accept” provided at the end of these RISEUP T&C, by which action, you unequivocally accept the RISEUP T&C and any modifications thereof;
- “Agreement” shall mean the RISEUP Agreement executed between Sakasi and the RISEUP pursuant to which the Student has agreed to work with Sakasi;
- “Applicable Law” shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy or other pronouncement having the effect of law in India, as in effect or which may come in effect on a future date;
- “Student” or “You” or “ Your” or “ Yourself” shall mean an individual who has executed Agreement for the provision of RISEUP Programme;
- “Student Information” shall mean and include any personal data collected from the Student identity proof, residence proof, location data and any other information that Sakasi may deem fit;
- “Intellectual Property Rights” shall mean and include the copyright (whether registered or not), patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs ( both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material and any other intellectual property right in the website of Sakasi and RISEUP Platform, which are used and/or owned by Sakasi;
- “Project Manager / Team Manager” shall mean a person designated by Sakasi responsible for managing the specific projects ensuring all questions and queries of Students working on the project are answered as well as providing all necessary operational support that such Student may require;
- “Platform Services” shall have the meaning assigned to it in the Agreement;
- “Termination Date” shall mean the date on which these RISEUP T&C and the Agreement shall stand terminated;
- “Terms and Conditions” or “ RISEUP T&C” refers to these RISEUP Terms and Conditions, which are available on the Sakasi RISEUP Platform, as may be amended from time to time;
- “Project Bouncing” shall have the meaning assigned to it in the Agreement.
- “Sakasi” or “ We” or “ Us” or “ Our” shall mean Sakasi, having its office behind Hotel Jatra, Mumbai-Agra Highway, Nashik, Maharashtra 422003 which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates and assigns;
- “Sakasi RISEUP Platform” shall have the meaning assigned to it in the Agreement.
- Unless the context of these RISEUP T&C otherwise requires:
- A word or an expression, which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).
- Heading and bold typeface in these RISEUP T&C are for convenience only and shall be ignored for the purposes of interpretation.
- The use of the word “including” followed by a specific example(s) in these RISEUP T&C, shall not be construed as limiting the meaning of the general wording preceding it.
- The rule of construction, if any, that a contract should be interpreted against the parties responsible for drafting and preparation thereof, shall not apply.
- Reference to any clause, article, section or schedule shall mean a reference to a clause, article, section or schedule of these RISEUP T&C, unless specified otherwise.
- Reference to any Applicable Law shall mean a reference to that law as amended, consolidated, supplemented or replaced.
- To become eligible for the Sakasi’s RISEUP Programme, your age must be between 17-24 Years.
- Your nationality should be Indian, and you should currently reside in India.
- You cannot work on the platform if you are suspended from this programme; or
- do not hold a valid email address.
Service and Charges
- Subject to terms and conditions contained in these RISEUP T&C and the Agreement, the Student agrees to makes himself available on the Sakasi RISEUP Platform to undertake Digital services as and when a details for the same is placed by us or Project Managers through the Sakasi RISEUP Platform, and to complete the assigned work with the best of his abilities.
- There are no joining fees or deposits to work in this platform , if incase there is any physical or mental loss to other users, a penalty can be charged to the respective student.
- The amount of Training and Support Fees, Onboarding Fee, Security Deposit and the Platform Charges shall be determined by Sakasi and may be revised from time to time at the sole discretion of Sakasi.
- The Student shall enroll on the Sakasi’s RISEUP Platform to be able to work in this platform. The Student acknowledges that the Student id or details, including the username and passwords, are confidential and, accordingly, shall not share them with any third party, without written approval from Sakasi.
- Once any projects are posted, the Student shall remain available and shall be able to connect with the Project Managers for the purpose of receiving more information about the project and for getting the project assigned to them.
- All reasonable attempts shall be made to get the projects and complete it, as quickly and efficiently as possible.
- Sakasi may announce a few bonuses and offers for the students to keep them motivated and for giving them loyalty benefits.
- The RISEUP terms and conditions prohibit you from asking the clients for any amounts or bonuses.
- Notwithstanding anything contained in these RISEUP T&C, there shall be no obligation on the Student to be available on Sakasi RISEUP Platform for a minimum number of hours/days. The Student acknowledges that he has flexible timings and can choose to work on projects that suit his skills and schedules and can work on projects anytime he wants and for however long he wants, at his sole discretion. Sakasi shall also not supervise the actions and conduct of the Student unless they are in gross violation of their duty to render the tasks under these RISEUP T&C or the Agreement.
Obligations of Students
- Students must make themselves available to undertake projects posted on RISEUP Platform as and when a request for the same is placed by User through the Sakasi RISEUP Platform.
- If required, the Student shall work remotely through Teamviewer or Anydesk for working on certain projects. No Devices (Laptop/Mobile)of any kind shall be provided by Sakasi under any circumstances.
- The Student shall ensure that the internet connection and devices are well maintained and in good condition so that there are no delays in completing projects.
- All expenses incurred in Internet, Recharges and electricity bill shall be borne exclusively by the Student unless otherwise agreed by Sakasi.
- During the course of working on projects remotely, the Student shall conduct himself with honesty, discipline and in accordance with the policies and instructions of the Sakasi, whether presently in force or adopted in the future.
- Students shall not commit any fraud while completing the tasks or otherwise commit any act or omission, to gain any undue advantage. Student agrees and acknowledges that in case Sakasi believes that the Student has committed any of the foregoing while working on projects, Sakasi shall, in addition to its right to terminate the Agreement and these RISEUP T&C, in its sole discretion reserve the right to (a) disable the Student from undertaking Projects through the Sakasi RISEUP Platform for such time as it deems fit and /or (b) deduct the undue gain made by the Student through the fraudulent orders from the payout including incentives thereof and/or the Security Deposit, if any. This right to withhold payout including incentives thereof may also be exercised by Sakasi in the event service parameter guidelines, as prescribed by the Sakasi from time to time, is not met.
- The Student shall undertake the projects by himself and shall not delegate the same to any individual or third party.
- The Student acknowledges that the goodwill and reputation of Sakasi is at stake with how effectively and efficiently the Student works on the projects to RISEUP T&C. Accordingly, the Student shall not do any act that adversely affects Sakasi and undertakes to be in compliance with Applicable Law at all times and protect the brand image, business reputation or any other asset/property of Sakasi.
- All Confidential Information procured shall at all times be kept confidential and used only for the limited permitted purposes of project completion.
Sakasi may collect Student Information at the time of execution of these RISEUP T&C or at any time thereafter, to establish the identity of the Student. Sakasi reserves the right to store, process, access and use the Student Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Sakasi may deem fit and in accordance with Applicable Law. The Student hereby expressly consents to such collection and use of Student Information.
Intellectual Property Rights
- The Parties hereby agree that all Intellectual Property Rights shall be in absolute ownership, possession and control of Sakasi and the Student is only permitted to use such Intellectual Property Rights in connection with Projects under these RISEUP T&C as are specifically permitted by the Sakasi. The Parties hereby clarify that no license or rights is granted in the Intellectual Property Rights to the Student under these RISEUP T&C, by implication or otherwise.
- Notwithstanding anything contained in these RISEUP T&C, in the event the Student uses the Intellectual Property Rights in such manner so as to license, sub-license, create derivative Intellectual Property Rights, use it otherwise not being in connection with Projects rendered under these RISEUP T&C, the same shall constitute a breach of these RISEUP T&C and Sakasi reserves its rights to resort to legal proceedings against the Student for recovering damages and losses suffered or likely to be suffered.
Representation and Warranties
- The Student represents and warrants as follows:
- All Student Information provided shall be true and correct and no information that could impact the Student’s performance to render Projects pursuant to these RISEUP T&C and shall not be hidden from the Sakasi anytime during the subsistence of these RISEUP T&C.
- Sakasi hereby represents and warrants as follows:
- It is fully capable of executing these RISEUP T&C and RISEUP Agreement and has the necessary authority.
- It shall not exercise operational supervision on the activities of the Student as they are free to determine how to render projects so long as Sakasi’s reputation and goodwill is not damaged.
- Sakasi reserves the right to terminate these RISEUP T&C and/or the Agreement and deny the Student access to Sakasi RISEUP Platform at any time for any reason. The date on which the Student’s access to the Sakasi RISEUP Platform is intentionally blocked by the Sakasi shall be considered as the Termination Date of these RISEUP T&C and the Agreement.
- Without prejudice to the generality of the foregoing clause, Sakasi reserves the right to terminate these RISEUP T&C and the Agreement with immediate effect for:
- Any breach of the terms of these RISEUP T&C or the Agreement by the Student;
- failure to verify or authenticate Student Information; and
- any action or omission by the Student which can cause legal or contractual liability for Sakasi including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Project Managers or Clients, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
- Sakasi is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Student is detrimental to the business interest of Sakasi due to the acts of the Students, such as the following:
- Misbehavior, rude behavior with the staff of Sakasi, Project Managers or any other persons associated with the Sakasi.
- Concealment of fact / material information while entering into contract with Sakasi.
- Poor & inconsistent to work, meetings and failure to abide by the rules / terms of contract.
- Poor performance for three consecutive projects. Performance includes – Productivity, Working Manner, idle time, late project submissions, not able to establish contact with Project Manager or team Sakasi, quality standards as commanded by a Project Manager/Client.
- Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the Sakasi.
- Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Sakasi’s brand and its image.
- Indulging in acts such as creating ruckus/ strike/ or any activity against Sakasi, which could be detrimental to the Sakasi’s brand and its image.
- Indulging in unauthorized disclosure of Confidential Information of Sakasi to an external agency, person, Sakasi or organization.
- Misuse of assets provided by Sakasi and welcome kits, which could be detrimental to the interest of Sakasi’s brand and its image.
- Failure to abide by any of the rules and guidelines given by Sakasi as part of service quality standards and principles.
- Upon termination of these RISEUP T&C and the Agreement, the Student shall return the assets, within 24 hours from the Termination Date. In case the Student fails to do so, Sakasi shall further reserve the right to set-off the cost of assets against the payments required to be made by Sakasi to the Student under the Agreement or the RISEUP T&C.
- In case the Student intends to terminate these RISEUP T&C and the Agreement on his own, he has to intimate Sakasi in advance by giving a fifteen (15) days prior notice in writing, his intention to terminate the contract.
- The project information must be kept confidential.
- While working on remote projects via Team viewer or Anydesk, sharing of any personal information or payment informations to client or asking any personal information or payment information from clients is strictly prohibited and doing so can lead to strict actions and penalty of certain amount can be levied for the same by Sakasi
- Other than for the purpose of undertaking Projects, the Student must not disclose any confidential information about Projects and clients, to third parties.
- Definition :
- If there are no responses and replies by the student between 2 days from the date of assigning the project can lead to project bouncing.
- If the student is not able to complete the project after assigning it to him can be termed as project bouncing,
- Failure of completion and submission of a project before a given deadline can also lead to project bouncing.
- The student can be prohibited from the RISEUP Platform if the Student bounces 3 consecutive projects or 3 projects in a month .
- To rejoin the platform the student shall write an apology mail to the support team, looking at the seriousness of the Student, we can allow him/her to work in this platform again.
- There will be no monthly salary for students; they will be paid on a project basis.
- Payment Terms : No advance payments will be made to students.
- After the student completes the project accurately and within the deadline, he or she will be paid in full.
- The Project delay payment terms are as follow:
- Project is delayed by 1 day : 10% of each project will be deducted.
- Project is delayed by 2 days: 20% of each project will be deducted.
- Project is delayed by 3 days: 50% of each project will be deducted.
- Project is delayed by 4 days: Project bounced.
- The payment will be initiated between 12-48 Hours after completion of the Project.
- Payment Methods : UPI or Bank transfer.
- For any help regarding to payments you can contact the support team via [email protected]
If there is no Activity of the student in RISEUP Platform for a continuous period of 90 days will lead to the removal or suspending the Student from the RISEUP platform. To rejoin the RISEUP Platform, the Student can contact Sakasi, through the email [email protected].
If there is a dispute between the student and the client or the student and the project manager or the student and Sakasi staff, the student should write an email to [email protected] .
Notwithstanding anything contrary contained in these RISEUP T&C or the Agreement, Sakasi shall reserve a right to charge You a penalty in the event You indulge in fraudulent activities while working on any projects. The penalty may be deducted from the payments made to You by Sakasi.
Indemnification and Limitations of Liability
- In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
- The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
- Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
- To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Sakasi services again or the payment of the cost of having the Sakasi services supplied again.
- Other than for provision of Project completion by the Student, Sakasi does not share any other information of the Student with third parties unless requisitioned by the Student, whether orally or in writing (via email, SMS etc.) for any purpose whatsoever, including but not limited to availing loan from financial institutions, filing of tax returns etc.
- Other than for the purpose of undertaking Projects, the Student must not disclose any confidential information about Sakasi, including but not limited to these RISEUP T&C, its business strategies, pricing, revenues, expenses, User data, Client data and order information to third parties.
Sakasi reserves the right to change, modify, reinstate, amend or delete any terms and conditions contained in these RISEUP T&C, without prior notice, at any time and in its sole discretion, by posting a change notice or a new agreement on the Sakasi’s RISEUP Platform. The Student shall be responsible for keeping himself apprised and informed of the revised terms and conditions at all times.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at [email protected] .