The following actors are involved in the Website:
The purpose of the Web Site is to offer business consulting services, through a digital space that brings together the best and most reliable experts to solve the problems of MSMEs (customers).
Woki Consulting offers its experts the option to create their consulting services -free or with a defined price- in an easy and simple way, so that later the Users can visualize the consulting services portfolio of the different experts, and take any of them if they wish. For a user to be able to take a consultancy, he/she must be registered as a Client; and for a user to be able to create consultancies and offer them, he/she must be registered as an Expert. Users do NOT pay a monthly or subscription fee.
Payments for each consultancy are made by Paypal or Stripe. From each sale made, the experts receive 70% of the perceived profit and the other 30% will correspond to wokiconsulting.com. The experts may request payment of the profits received for their consultancies after XX days of the sale, as long as they have a minimum amount of USD$XX.00 available as balance in their account. Payments to the experts are made through Paypal. Although wokiconsulting.com does not charge any commission for the withdrawal of the money, it is possible that the bank or Paypal may claim their own commissions, a cost that must be assumed by the experts.
The Web Site is intended for persons of legal age who have full legal capacity and the necessary legal capacity to use it. Minors under this age are not authorized to use the Web Site and should not, therefore, use the services of the same, so Woki Consulting reserves the right to cancel the data of those Clients and Experts who, having been requested to do so, do not prove to the satisfaction of Woki Consulting to be of legal age.
Woki Consulting conditions the use of some of the services to the previous completion of the corresponding User registration, either as an Expert or as a Client, indicating at least the information marked with an asterisk. The User can unsubscribe from Woki Consulting's registration at any time by writing to firstname.lastname@example.org. At the moment of registration, the User will receive an email with his/her user name and password, such password may or may not be changed at the moment of logging in.
If the registered User is an Expert User, he/she must wait at least 24 hours for his/her profile to become available. A profile availability notification email will be sent to such user, which will allow him/her to configure his/her schedule availability on the Website calendar.
The User undertakes to keep his/her user name and password confidential and to use them with due diligence. The User undertakes to notify Woki Consulting as soon as possible of any unauthorised use of his/her username and password or any other breach of security. Woki Consulting will not be liable for any damages or losses that may arise due to non-compliance with this obligation.
The User is solely responsible for the information provided in his/her registration, guarantees that the data provided to Woki Consulting are true and up to date and is responsible for notifying Woki Consulting of any modification of the same and for keeping all the information provided updated so that it corresponds at all times to his/her real situation.
Expert users who use the platform to sell their consultancies are not employees of wokiconsulting.com. Woki Consulting compensates only for the work performed within the platform.
Consultancies can be paid by PayPal or Stripe. In this sense, clients must have accounts created on each of the above-mentioned platforms.
Experts define the price of their consultancies. Woki Consulting reserves the right to refuse the publication of a consultancy if it considers that the price is not in accordance with the content and characteristics of the consultancy in question. The expert user will be able to modify the price to seek the approval of his consultancy.
Woki Consulting will not compensate a user who publishes a consultancy, in which it is evident that he is not qualified to deal with the required subject.
Experts are compensated one month after the sale. For example, if a sale is made in May, the expert user will be paid at the end of June. To withdraw his compensation, the expert user must have a Paypal account and in turn must have accumulated a minimum of $50 in his Woki Consulting account in sales.
We offer clients the possibility to ask for a 30-day refund if they are not satisfied with the consultancy they have purchased.
The refund will only be made through the reimbursement of credits within your Woki Consulting account. Before refunding the payment we need you to provide us with some information:
Once we have verified your identity and reviewed the reasons for your refund request, we will proceed to refund your payment as credits in Woki Consulting. Common reasons for refunds are as follows:
Expert users acquire 70% of the profits for each consultancy sold. Woki Consulting charges a 30% commission for the use of the platform and marketing efforts.
We do not charge any fees for withdrawal methods. However, it is possible that PayPal may retain part of the fee, depending on the collection method you choose. In that case, the decision is at your own risk.
PayPal charges a fee of 5.4% + 0.30 of the Amount Paid.
User clients and experts are responsible for compliance with the Community Guidelines. Woki Consulting has no control over the compliance of any party. Among other things, Woki Consulting cannot control the accuracy or legality of the topics and information imparted during a consultancy or the performance of any of the parties in the consultancy. Accordingly, Woki Consulting is not responsible for any liability arising from any action you may take in connection therewith, nor is Woki Consulting a party to any transaction between you and any other user.
To the fullest extent permitted by law, you release Woki Consulting and its officers, directors, employees, agents, affiliates and their respective successors and assigns (collectively, the "Woki Consulting Parties") from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, in connection with any dispute relating to any transaction or transaction with another user of the service. You agree and acknowledge that this assumption of risk and release is binding on you and your heirs, executors, agents, administrators and assigns.
Woki Consulting reserves the right, but has no obligation, to remove any consultancy from the platform at any time and for any reason. In the event that Woki Consulting makes use of this right, you are entitled to immediate deletion of the personal information pertaining to you (EU Regulation 2016/679).
The following terms apply to the use of the service and any account you may open or attempt to open through Woki Consulting:
Use of the Service is subject to all applicable laws and regulations. You are solely responsible for the content of your communications on the Service. You agree not to upload, share, post, publish, distribute or facilitate the distribution of any files - including text, communications, software, images, sounds, data or other information - that:
These measures are supplemented by action by the competent supervisory authority in the event of accidental or unlawful destruction, loss or alteration of personal data transmitted and stored, otherwise processed, or unauthorised disclosure of or access to such data (EU Regulation 2016/679).
Impersonating any other person or entity, including any of our employees or representatives, is strictly prohibited. Attempting to negotiate the fee for a consultancy with another user directly (outside of wokiconsulting.com) after the consultancy has been created and before the consultancy has closed (i.e. during the course of the consultancy) is prohibited.
We do not endorse, nor do we assume any responsibility for, the content of any user. However, we and our agents have the right, at their discretion, to remove any User Submission or other content that, in our sole judgment, does not comply with these Terms of Service and any other rules of user conduct of the Service, or is otherwise harmful or inaccurate. We shall not be liable for any failure or delay in removing any User Submission or other content. You knowingly waive any claim against us arising out of such termination of any User Submission, whether your own or another user's, and you waive any claim against us arising out of such termination of any User Submission.
You may not use your account to breach the security of another account or attempt to gain unauthorised access to another network or server. Not all parts of the Service may be available to you or other authorised users of the Service. You may not interfere with any other person's use and enjoyment of the Service. Users who violate network security systems may incur criminal or civil liability.
You agree that we may at any time, in our sole discretion, terminate your participation, account or other affiliation with the Service without notice for violating any of the foregoing provisions. You further acknowledge that we will cooperate fully with investigations related to the breach of network security systems on other sites, and that we will cooperate with law enforcement authorities in the investigation of suspected criminal violations. In the event that Woki Consulting makes use of this power, you will be entitled to immediate deletion of personal information belonging to you. Woki Consulting will adopt, once in force, any other code of conduct used by the authorities or States where the service is executed (EU Regulation 2016/679).
Users are obliged to refrain from:
Users or third parties harmed by the receipt of unsolicited messages may report this circumstance by sending a message to the following e-mail address: email@example.com.
If Woki Consulting considers that the User is in breach of these Terms and Conditions, it reserves the right to suspend or revoke the User's registration and right to access or use the Website at any time and without liability or need to inform the User.
Woki Consulting may use any operational, technological, legal or other available method to enforce these Terms (including, without limitation, blocking IP addresses). Woki Consulting may notify the User about the blocking or cancellation of his/her access to the Website, although it is not obliged to do so.
Once the consultancy has been completed, the Client Users shall review and rate the Expert User who gave the consultancy, in order to qualify the performance of the same. In the same way, the Expert Users must make a review and evaluation to their Client Users in the form of ratings, in order to qualify the performance of the same.
Rating the performance of Users is the only way Woki Consulting has to understand about the performance of Clients and Experts, and thus make decisions on whether or not to keep a user within the platform according to their performance. Likewise, reviews and ratings are the only letter of introduction to users who visit the Website and view the portfolio of services.
Clients and Experts may insert opinions and comments in their review. Such opinions may be based on those services provided as a result of the use of the Website. Woki Consulting reserves the right to publish, extract, summarize or abbreviate the content of the opinions made by Clients and Experts. The User agrees not to transmit, disseminate or make available to third parties any content or comments or opinions that, by way of example and not exhaustive:
Likewise, Woki Consulting reserves the right to modify the content published by the Expert on the Web Site, for the sole purpose of advertising, to give it a better presentation and distribution on the Web, and to highlight the characteristics of the services offered, as well as to adapt the content to the style and the minimum quality standards of Woki Consulting. For this purpose, the Expert authorizes Woki Consulting to, free of charge, make such modifications or adaptations, to freely reproduce, distribute, advertise or exploit by any form or means such content published by the Expert, waiving any rights of economic content that may correspond, by way of compensation or any other title.
Woki Consulting owns the domain names:
The Website in its entirety, including without exclusion its design, structure and distribution, texts and contents, logos, buttons, images, drawings, trademarks, trade names, source code, creativities, as well as all intellectual and industrial property rights and any other distinctive sign, belong to or are assigned to Woki Consulting or, where appropriate, to the natural or legal persons listed as authors or holders of the rights or their licensors, without it being understood that the use and access to the Website and the use of its services attributes to the User any right over the aforementioned elements. The User undertakes to respect these rights.
Except as expressly permitted by applicable law or as described in these Terms and Conditions, the relevant licence or the agreement entered into, you may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, sell or license all or any part of the content, products or services obtained from this site in any medium to any person. In this context, the reproduction, exploitation, alteration, distribution or public communication of the Website for uses other than the legitimate information or contracting by Users of the services offered is prohibited.
You may view and reproduce portions of material from the different areas of the service exclusively for your own use and not for commercial use, provided that you agree not to modify or remove any copyrights or proprietary rights from the materials. The proprietary contents of each consultancy may not be copied, saved, downloaded, transmitted, stored or printed by any user, except for supplementary files that are identified as part of the result of the consultancy for clients.
Without the prior written permission of Woki Consulting, you may not obtain the contents of the Site to create, directly or indirectly, a collection, compilation, database or directory via robots or data mining, data gathering or similar data extraction tools or manual processes. You may not use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Woki Consulting or its affiliates without written consent. You may not use internal tags or any other "hidden text" utilizing the Woki Consulting name or trademarks without the written consent of Woki Consulting. If you have any questions about the use and requests for permission to publish, reproduce, distribute, display or perform derivative works of any content, please contact us at firstname.lastname@example.org.
The User is the owner and sole responsible for all material that he/she publishes on the Website, provided that he/she is the legitimate owner of what he/she publishes. By publishing it, the User guarantees that he/she has permission to do so. Woki Consulting will not assume any responsibility for any intellectual or industrial property rights owned by third parties that are infringed by a User.
You also grant Woki Consulting the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material. By using the Website, the User acknowledges that he/she does not have any ownership rights or licenses to the same.
Each party agrees and undertakes not to disclose confidential information of the other without its prior consent, unless this information is part of the public domain (EU Regulation 2016/679).
Woki Consulting informs of the existence of a system for claiming rights over the content published on the site, by sending an email to the following address: email@example.com
Woki Consulting is only a knowledge marketplace between users. We do not hire or employ Experts nor are we responsible for any interactions between the Expert users involved and their respective Clients. We are not responsible for any disputes, claims, injuries, or monetary or other damages that may result from the conduct of users.
At our request, you agree to defend, indemnify and hold us and the other Woki Consulting parties harmless from all liabilities, claims and expenses, including attorneys' fees, arising out of your violation of these Terms of Service or any of the other governing documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Woki Consulting does not guarantee the availability and continuity of the functioning of the Website and its services. Woki Consulting will try to give sufficient advance notice of any interruptions that may occur in the operation of the Web Site and its services whenever possible. Woki Consulting, or its server, may not be free of viruses, bugs, spyware, Trojans or similar malicious software. Woki Consulting is not responsible for any damage to your computer hardware or software or other technology. Nor is Woki Consulting responsible for any loss of information resulting from the transmission, use of erroneous data or content posted by Users.
Woki Consulting excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website and its services or the lack of usefulness that Users may have attributed to the Website and its services and, in Client, although not exclusively, to failures in access to the different web pages that make up the Website.
This Website contains links or hyperlinks to other websites. The User should be aware that Woki Consulting is not responsible for the privacy practices or the content of such other websites. We advise Users to be aware that by using one of these hyperlinks they are leaving our Website and should read and review the terms and conditions and privacy policies of those other websites.
Woki Consulting will not intervene in any case in the negotiations carried out between Client and Expert, remaining outside of them at all times, so it will not be responsible, in any case, for the fulfillment of the obligations of the Client with the Expert, expressly exempting the Client and the Expert to Woki Consulting of any disagreement that may arise between them.
It is the sole responsibility of the Client to verify the suitability of the services offered by the Expert and that they meet the Client's needs. The Client also assumes the responsibility of examining the qualifications, training and professional competence of the Expert. In no case Woki Consulting will control or intervene in the execution of the work by the Expert, nor in the adequacy, quality or result of the same, so Woki Consulting excludes, to the full extent permitted by law, any liability for damages of any nature that may be due to the execution or result of the work entrusted to the Expert, and the Client expressly exempts Woki Consulting from any discrepancy, liability, damage, harm or impairment as a result of the contracting or the consultancy performed by the Expert.
In the event that any User or third party considers that there are facts or circumstances that reveal the illicit nature of any content on the Website or its use, he/she should contact Woki Consulting through firstname.lastname@example.org or through the contact details indicated on the Website and in the Legal Notice, always indicating (i) the personal data of the claimant (name, address, ID or passport number, telephone number and email address) and (ii) the alleged unlawful activity carried out on the Website and its motivation that reveal such unlawful nature.
The presentation of the services that Woki Consulting provides through the Web Site has, in principle, an indefinite duration. However, Woki Consulting is authorized to terminate or suspend the provision of its services at any time, without prejudice to what has been provided in this regard in the corresponding particular conditions. In any case, if possible, Woki Consulting will try to give prior notice of the termination or suspension of any or all of the services.
Access to and use of the Website, as well as the interpretation, fulfilment and execution of these terms and conditions, shall be subject to the provisions of Spanish law. If you are a commercial entity, the place of jurisdiction for all disputes arising out of or in connection with your contract, regardless of its legal merits, shall be the courts of A Coruña (name where the company is registered).
In compliance with the provisions of the regulations on data protection, the user is informed that all the data provided will be included in a file, created and maintained under the responsibility of Woki Consulting.
We will always respect the confidentiality of your personal data, which will only be used for the purpose of managing the services offered, responding to your requests, carrying out administrative tasks, as well as sending technical, commercial or advertising information by ordinary or electronic means.
Woki Consulting, located at C/ Velazquez 86-b - 1º Derecha 28006 - Madrid, is responsible for the collection, processing and use of your personal data in the context of the use of the services offered by Woki Consulting within the meaning of the General Data Protection Regulation (GDPR).
You can address any questions regarding the protection of personal data to Woki Consulting or send a request to exercise your rights of access, rectification, opposition, deletion, limitation, portability to our Data Protection Officer:
As part of your use of our services and your navigation on our website, Woki Consulting collects several categories of data, details of which are given below. This data comes from:
We do not process special categories of data (sensitive data) such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, health data or data concerning the sex life or sexual orientation of individuals.
We inform you, at the time of collection, whether the data are mandatory or not.
We inform you, at the time of collection, whether the data are mandatory or not.
Data collected through user behaviour on the platform and the use of the different modules of the site.
For example, we collect statistics on the use of the secure messaging service we offer through the chatbot (percentage of messages answered, response time); statistics on end-of-consultancy evaluations (customer reviews and ratings); user login and navigation data, statistics on the use of the search engine and the survey and "tell us what you need" form; statistics on commercial data such as the number of consultancies carried out.
Woki Consulting processes your personal data, in particular during your connection to the Site, your registration on the Site, your activity on the Site or when you use the payment system.
The data we collect allows us to provide, manage, protect and improve our services, develop new ones and protect both our users and ourselves.
In particular, these data are intended to:
). However, we may process certain data concerning you on the basis of your consent, due to legal obligations or to fulfil our legitimate interest in processing them.
Woki Consulting is the recipient of the personal data collected through the Site.
We will only disclose your personal data to companies, organizations or third parties in the following circumstances:
We inform you that international data transfers involve a flow of personal data from Spanish territory to recipients established in countries outside the European Economic Area (the countries of the European Union plus Liechtenstein, Iceland and Norway).
Woki Consulting, for the proper provision of its services will transfer your personal data outside the EEA as follows:
|GoDaddy.com, LLC||Backing up||USA||European Commission's adequacy decision|
|Experts of the Woki Consulting platform who are not located in countries subject to an adequacy decision by the European Commission.||Provision of contracted consultancy services|| Argentina |
|European Commission standard contract clauses.|
|Woki Consulting platform experts in countries subject to an adequacy decision by the European Commission||Provision of contracted consultancy services|| Argentina |
|European Commission decision on adequacy|
We use appropriate technical and organizational security measures to protect your personal data stored by us against manipulation, partial or complete loss and unauthorised access by third parties. Our security measures are constantly being improved in line with technological developments.
We undertake to use all available means to ensure the security and confidentiality of this data in particular:
The payment methods used by Woki Consulting are third party services. These third party services (Paypal, Stripe, AZUL), comply with all security and encryption standards to keep information secure. They will only use the information necessary to complete the required process. We also recommend reading the privacy policies of these providers to better understand how they handle the information provided:
Woki Consulting retains your information for as long as your account remains active, unless you request that it be deleted. In some cases, we may retain information about you by law or for other purposes, even if you delete your account. Woki Consulting will delete your information or anonymise it upon your request.
You have a right of access to the data concerning you processed by Woki Consulting. It allows you to see the data we hold about you and, if you wish, to request a copy.
You may also request that incomplete personal data concerning you be completed, including by means of a supplementary statement of support.
So that you can exercise this right as easily as possible, we invite you to make these changes and additions directly in your profile. If you believe that other data concerning you should be changed or supplemented and you are unable to make this change yourself, we invite you to request this directly in the rights section of our data protection centre.
You have the right to obtain the erasure, as soon as possible, of personal data concerning you, subject to our legitimate interest or any legal obligation to retain it.
You may request Woki Consulting to limit the processing of your data (for example, by temporarily making your profile unavailable on the Site.
You may oppose the sending of communications, in particular commercial communications, by Woki Consulting. You may also object, for legitimate reasons, to the processing of your data, unless this is a legal obligation imposed on the company.
You have the right at any time to refuse the processing of your personal data for personal reasons. You also have the right to refuse the processing of your personal data for direct marketing purposes.
Woki Consulting has its registered office at C/ Velazquez 86-b - 1º Derecha 28006 - Madrid. Therefore, the competent supervisory authority to hear any request concerning us, including, where appropriate, a user's complaint, is the Spanish Data Protection Agency (AEPD).
If you wish to submit an application to the AEPD, you will find the details below:
AEPD (Spanish Data Protection Agency)
C/ Jorge Juan, 6
Tel: 901 100 099 / 91 266 35 17
CURRENT: Monday to Friday from 9:00 to 17:30, with the following exceptions
Electronic application site: https://sedeagpd.gob.es/sede-electronica-web/
Please send your request duly identified by e-mail or post to the following address:
Postal address in Spain
By accepting these terms and conditions, The Expert represents and agrees that:
1.1 He knows and agrees that the success and use of the website is subject to the use and exploitation that he makes directly of it.
1.2 You authorise WOKI to access and use the information that you will provide for your registration, such as email, telephone and other relevant information, as well as those generated by your use of the platform.
1.3 It will have the equipment, technology and tools necessary for the effective operation of the Website, being at its sole cost and account all expenses incurred in connection with the operation of this.
1.4 You acknowledge that the Website in its entirety, including its design, structure and layout, texts and contents, logos, buttons, images, drawings, trademarks, trade names, source code, creativities, know how as well as all intellectual and industrial property rights and any other distinctive sign, belong to or are assigned to WOKI or, where appropriate, to the natural or legal persons listed as authors or holders of the rights or their licensors.
1.5 The Expert is solely responsible for the content of the material, information, communications and in general any data or content provided through the Website. In this regard, The Expert warrants to WOKI that: (i) he/she will be responsible for any false or inaccurate information he/she provides; (ii) he/she is qualified to provide the consulting and services he/she has listed on the Website and (iii) he/she will conduct him/herself at all times in a professional manner and in accordance with all applicable laws.
1.6 You agree not to upload, share, post or facilitate the distribution of any file - including text, communications, software, images, sounds, data or other information - that: (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, incites hatred against any person or group, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or that directly or indirectly encourages cruelty or extreme violence against animals or people; (ii) Victimises, harasses, degrades or intimidates a person or group of persons on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, as well as the exploitation of minors; (iii) infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other intellectual property or proprietary right of any party, or use them without the express permission of the owner; (iv) constitutes unauthorised or unsolicited advertising, or unsolicited bulk email (also known as "spam"), chain letters, any other form of unauthorised solicitation or any form of lottery or gambling; (v) Contain computer viruses or any other computer code, files or programs designed or intended to interrupt, damage or limit the operation of any software, hardware or telecommunications equipment, or to damage or gain unauthorised access to any data or other information of any third party; (vi) Abuse the personal information of its customers. Abuse is defined as the use of personal information, for purposes other than those explicitly defined in the consultancy, without the prior consent of each client; or, in general, that violates any provision of law.
1.7 To keep confidential all information, media, data and materials obtained and to which it has access, which is provided to it and in general, of all information that is made available to it by WOKI or clients or users of the Website, for the purposes of the execution of this contract; or in general to all that which, by its very nature, must be treated as such. In this regard, The Expert undertakes to treat such information as such by him and by each and every one of his partners, employees and staff, if any, and may not disclose it to any third party, unless he notifies WOKI and WOKI has given its prior written consent to such disclosure. The Expert acknowledges that the Information collected shall be used for the sole purpose of fulfilling the obligations or exercising the rights arising from the performance of this Agreement and shall refrain from communicating it in whole or in part to third parties and/or using it for the benefit of others. The Expert undertakes to comply with the duty of confidentiality for the entire duration of this contract and to comply with all data protection regulations, in accordance with the General Data Protection Regulation and the Organic Law on Data Protection and Guarantee of Digital Rights. The legal regime relating to data protection, between WOKI and the Expert, will be regulated in section 7 of these general terms and conditions, in order to comply with the provisions of the regulations in force.
1.9 Because The Website has been designed as a community of knowledge among users, The Expert acknowledges and agrees that WOKI is not responsible for the interactions between it and the users or customers of the Website. Consequently, WOKI shall not be liable for any disputes, claims, injuries, or monetary or any other type of damages that may result from the conduct of users, nor for damages of any nature that may be due to the lack of accuracy, completeness, timeliness, as well as errors or omissions in the information and services placed by The Expert on the WEBSITE or other content that may be accessed through the WEBSITE. Accordingly, The Expert agrees to defend, indemnify and hold WOKI harmless from all liabilities, claims and expenses, including attorneys' fees, arising out of any violation or breach of this Agreement or other negligent or wrongful conduct on its part.
1.10 Delegates to WOKI, in its name and on its behalf, to establish and issue all invoices (billing mandate) for the services and consultancies that it provides to the Clients through the Website, all in accordance with the provisions of Title IX, Chapter I of the Spanish Civil Code. This mandate will come into effect upon acceptance of the Terms and Conditions and will last until your withdrawal or closure of your account on the Website. The Expert may revoke this mandate at any time, without particular reason, by registered letter with acknowledgement of receipt sent to WOKI. However, it is noted that the validity of this mandate is a condition of use of the platform, and its revocation will lead to the closure of the Expert's account. The Expert acknowledges that he/she retains his/her legal and fiscal obligations with regard to invoicing, particularly with regard to his/her obligations to declare and pay VAT and withholding taxes, in accordance with Law 37/1992 of 28 December 1992 on Value Added Tax.
To provide WOKI with all the information necessary for WOKI to be able to invoice, in your name and on your behalf, for the services provided through the Website as well as to pay you the corresponding amounts for the consultancy services provided, such as DNI/NIE, complete address, tax identification, Bank and account number, IBAN, Swift/BIC, ABA and other information that may be required.
WOKI offers the Experts to publish consultancies for Clients and/or Users accessing the Website. To do so, the Expert provides the information and characteristics of the service he/she wishes to publish - detailed below-. In any case, the Experts shall be solely responsible for any false or inaccurate information they provide and for any damages that may be caused to WOKI or third parties by such information.
A consultancy must comply with the following characteristics:
Consultancies must be approved by WOKI for activation and publication in the service portfolio. In case the consultancy has not been approved by WOKI, this may be due to the following reasons:
By purchasing a consultancy, the Client consents, that his contact data and be transferred to third parties as it is in this case to the Expert who provides the consultancy service.
The Client may inform WOKI of any irregularity detected with respect to the Experts and consulting services advertised through the Website. If WOKI becomes aware that any User is violating the law, it will immediately proceed to cancel the User's account.
Expert users who use the platform to sell their consultancies are not employees of wokiconsulting.com. WOKI compensates only for the work done through the platform.
Consultancies can be paid through PayPal or Stripe, for now, until other payment mechanisms are enabled. In this regard, customers will be able to use the payment instruments available through each of the platforms mentioned above.
WOKI will invoice the customers on behalf of the expert. With the "registration by the expert on the Platform, the expert grants WOKI an invoicing mandate", whereby he/she delegates to WOKI the issuance of the invoice to the customer, which will be elaborated from the WOKI software. For this purpose, the expert shall inform WOKI of the necessary data for the issuance of the invoices on his own account and of the bank details for making the corresponding payments. WOKI will regularly inform about the invoices and payments received.
Experts define the price of their consultancies. WOKI reserves the right to refuse the publication of a consultancy if it considers that the price is not in accordance with the content and characteristics of the consultancy in question. The expert user will be able to modify the price to seek approval of his consultancy. The corresponding taxes must be included in the price. The WOKI team will always be ready to support you in any aspect you need.
WOKI will not discharge an Expert who proposes a consultancy, where it is evident that he/she is not qualified to address the required topic or it is not a consultancy linked to the essence and mission of WOKI, it is part of the quality system that WOKI has established in the development of the platform.
The compensation to the experts will be made ten days after the closing and completion of the consultancy, once the client receives the closing minutes of the consultancy or the final document of the consultancy. To withdraw his compensation, the expert user will previously provide all the necessary bank data to make his payment when the consultancy is finished.
We offer customers the possibility to ask for their money back if they are not satisfied with the consultancy purchased, once they have finished the first phase of their consultancy which corresponds to the introductory session. The money refund will be made only through the refund of credits within your WOKI account. Before refunding the payment we need you to provide us with some information:
Once we have verified your identity and reviewed the reasons for your refund request, we will proceed to refund your payment as credits on WOKI. Common reasons for refunds are as follows:
Expert users receive a percentage of the revenue for each consultancy sold, and WOKI also charges a percentage commission for the operational management and marketing of the platform.
The prices published by the platform include all taxes generated by the consultancy, according to the country of residence of the client and the expert.
No commission is charged for payments made to the experts. The amount to be transferred will be the total amount paid by the customer, minus WOKI fees and applicable taxes.
WOKI will issue an invoice to the expert for its operating expenses. At the end of each consultancy the expert will receive the invoice made to the client and WOKI's invoice for his expenses.
Customer and expert users are responsible for compliance with the Terms and Conditions and community guidelines contained herein. WOKI has no control over the compliance of any party. Among other things, WOKI cannot control the accuracy or legality of the subjects and information imparted during a consultancy or the performance of any of the parties thereto. Accordingly, WOKI is not responsible for any liability arising from any action the expert may take in connection therewith, nor is WOKI a party to any transaction between it and any client user.
Expert releases WOKI and its officers, directors, employees, agents, affiliates and their respective successors and assigns (collectively, the "WOKI Parties") from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, in connection with any dispute relating to any transaction or transaction with another user of the Service. The Expert agrees and acknowledges that this assumption of risk and release is binding on him and his heirs, executors, agents, administrators and attorneys-in-fact.
WOKI reserves the right, but has no obligation, to remove from the platform any consultancy at any time and for any reason. In case WOKI makes use of this power, the expert shall be entitled to immediate deletion of the personal information belonging to him/her (EU Regulation 2016/679).
The Parties undertake to maintain absolute confidentiality regarding the information and documentation provided or to which they have access during the provision of the Service, and not to disclose or use, directly or indirectly, the information derived from this contractual relationship.
Under current data protection regulations, we inform you that the data will be collected by Woki Consulting Europa S.L., acting as data controller, to carry out the execution of this contract and the provision of the service referred to in these terms and conditions. The basis of legitimacy is the contractual execution. Your data will not be transferred to third parties, except by legal mandate. The data will be kept for the time necessary to carry out the contractual performance, being blocked for a period of five years after the termination of the relationship. The data protection rights that data subjects may exercise, where applicable, are: Right to request access to personal data relating to the data subject; Right to rectification or erasure; Right to object; Right to request limitation of processing; Right to data portability; Right not to be subject to decisions based solely on automated data processing. Right to withdraw consent and to lodge a complaint with the competent supervisory authority.
On the other hand, the access to the data by the expert, acting as a co-processor, will be regulated according to the geographical location of the expert:
Woki Consulting, S.L.
The parties acknowledge, in the concept in which they respectively intervene, the legal capacity necessary for the execution of this co-responsibility agreement and, by virtue of it,
In this agreement the following terms shall have the following meanings:
The purpose of this agreement is to determine in a transparent and mutually agreed manner the data protection responsibilities to be assumed by the signatories to the Main Contract.
Both parties recognize each other as co-responsible for the processing, subject to the obligations contained in this agreement.
The duration of this agreement shall be subject to the continuity of the Main Contract.
The Joint Controllers and all their personnel, as a consequence of the processing carried out on the personal data of the data subjects, derived from the Main Contract, undertake to:
Both parties shall keep at each other's disposal the documentation proving the fulfilment of this obligation.
The duty of secrecy and confidentiality with respect to the personal data on which a treatment derived from the Main Contract has been carried out will last indefinitely.
At least the following information shall be provided
Likewise, it shall be the responsibility of the party that first became aware of the breach of security to communicate it without undue delay to those interested parties affected by its materialisation, provided that such breach entails a high risk to their rights and freedoms. The communication to the affected parties must be made in clear and simple language and shall contain, as a minimum:
Each Correspondent, individually considered, is exonerated from any liability that may arise from a breach by the other party of the stipulations of this agreement, as well as of the provisions of the RGPD and other applicable regulations.
Both Co-Respondents undertake to maintain absolute confidentiality regarding the information and documentation that they provide or have access to during the term of the Co-Responsibility Agreement, and not to disclose or use directly or indirectly the information derived from this contractual relationship.
Both parties inform that the personal data of the signatories of this contract may be included in their respective processing to satisfy the purpose of management and maintenance of the contractual relationship, being kept for no longer than necessary to comply with the same. At any time, they may exercise their rights of access, rectification, cancellation and opposition, as well as those recognised by the applicable regulations, by sending a photocopy of their ID card or any other equivalent identification document to the address indicated above.
This agreement contemplates the requirements of current Spanish and European legislation on the protection of personal data, particularly as established in the General Data Protection Regulation EU 2016/679.
The parties submit all interpretations and/or conflicts that may arise from this agreement to the Courts and Tribunals of Spain, specifically the Courts and Tribunals of Madrid.
Standard contractual clauses for the transfer of personal data from the Community to third countries (transfers between controllers)
DATA TRANSFER AGREEMENT
between, on the one hand, WOKI CONSULTING, S.L. ("the Data Exporter"), and, on the other hand, the Expert ("the Data Importer"), each, a "party"; together, "the parties".
OBLIGATIONS OF THE DATA EXPORTER
The data exporter agrees and warrants the following:
OBLIGATIONS OF THE DATA IMPORTER
The data importer agrees and warrants the following:
Liability and third party rights
These clauses shall be governed by the law of the country in which the data exporter is established, with the exception of the laws and regulations relating to the processing of personal data by the data importer pursuant to clause II(h), which shall only apply if the data importer has opted for them in that clause.
RESOLUTION OF CONFLICTS WITH STAKEHOLDERS OR AUTHORITY
TERMINATION OF THE CLAUSES
VARIATION OF THE CLAUSES
The parties undertake not to modify these clauses except to update some of the information contained in Annex B, in which case they will inform the authority whenever requested to do so by the authority. This does not preclude the parties from adding additional commercial clauses where necessary.
Description of the transfer The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain business confidential information which they will not disclose to third parties, except where required by law or in response to a competent regulatory or governmental body, or where required under clause I(e). The parties may introduce additional annexes to cover other transfers, which shall be submitted to the authority upon request. Alternatively, Annex B may be drafted to cover multiple transfers.
DESCRIPTION OF THE TRANSFER:
The personal data transferred relate to the following categories of data subjects:
The personal data transferred relate to the following categories of data
The personal data transferred will be subject to the following basic processing operations: