You may ask for a refund at any time for any funds that you have paid into your Account except if
the amount to refund relates to a Milestone Payment subject to Section or relates to fees or
charges payable to us.
If the amount the User has asked to refund relates to: (1) a Milestone Payment subject to Section
, the Dispute Resolution Process may be followed; or (2) our fees and charges, the process set
out in the Clause "Disputes with Us" must be followed.
If we agree to the refund, the funds will be received by the User via the same payment method(s)
that the User used to make the original payment to us.
We may refund funds to Users irrespective of whether a User has requested funds be refunded
if: (1) we are required by law or consider that we are required by law to do so; (2) we determine
that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund
funds to the User in accordance with any refund policy specified by us from time to time; (4) we
find out that the original payment made by the User is fraudulent; (5) the User made a duplicate
payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is
necessary to avoid a credit card chargeback.
You can request a refund by using our customer support website or emailing us
at info@killwork.com . Once you have made a Milestone Payment subject to Section , you
expressly agree to use the dispute resolution process in this agreement, expressly agree to be
bound by its ruling and expressly agree not to initiate any chargeback request with your card
issuer.
If you initiate any chargeback request or other "Request for Information" or similar process, you
expressly agree and consent to us to share any and all information in relation to your agreement
of these terms and conditions, in order to defeat any such chargeback request.
If you have already initiated a chargeback request with your credit card issuer, you must not
request a refund of funds by contacting us and must not seek double recovery.
If we reasonably determine, having considered all the relevant circumstances, that you have
made an excessive or unreasonable number of requests to refund funds back to you or
chargebacks, we may suspend, limit or close your Account.
Withdrawals
Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud
purposes.
Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention
policies require a delay.
We may impose a minimum withdrawal amount for funds earned. This is set out in our schedule
of Fees and Charges. The maximum you can withdraw per month is $10,000 unless otherwise
specifically agreed with support.
We may require you to be Verified by killwork before you can withdraw funds from your killwork
Account, irrespective of whether or not a delay has been enforced. For details of how to become
Verified by Killwork please read the Know your Customer and Identity Verification Policy.
You acknowledge and agree that we may seek to verify your identity or request additional
information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the
section on "Identity / Know Your Customer" sections of this agreement.
Chargebacks
A chargeback (being a challenge to a payment that a User files with their card issuer or financial
institution), and any subsequent reversal instruction, is made by the payment product issuer or
third parties (such as payment processors) and not by us. We are bound to follow such
instructions.
You acknowledge and agree that we will be entitled to recover any chargebacks and reversals
that may be imposed on us by a payment product issuer or third parties (such as payment
processors) on funds paid to you by Buyers through the Website, as well as any processing or
any other fees whatsoever incurred by us on those chargebacks and reversals.
You agree that we may reverse any such payments made to you, which are subject to
chargeback or reversal instruction via your payment product issuer or third parties (such as
payment processors). If you initiate any chargeback request or other "Request for Information" or
similar process, you expressly agree and consent to us to share any and all information in
relation to your agreement of these terms and conditions, in order to defeat any such chargeback
request.
Inactive Accounts
User Accounts that have not been logged into for a period of time will incur a maintenance fee
per month, until either the account is closed or reactivated, for storage, bandwidth, support and
management costs of providing hosting of the User's profile, portfolio storage, listing in
directories, promotion of your profile on the Website and elsewhere, provision of the all service,
file storage, message transmission, general administrative matters and message and other
storage costs.
The length of the period and the amount of the maintenance fee is set out in our schedule
of Fees and Charges.
We reserve the right to close an Inactive Account.
We reserve the right to close an account with nil or negative funds.
Right to Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the
foregoing, we may close, suspend or limit your access to your Account:
1. if we determine that you have breached, or are acting in breach of this User
Agreement;
2. if you under-bid on any Project in an attempt to renegotiate the actual price privately,
to attempt to avoid fees;
3. if we determine that you have infringed legal rights (resulting in actual or potential
claims), including infringing Intellectual Property Rights;
4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal
activities;
5. you do not respond to account verification requests;
6. you do not complete account verification when requested within 3 months of the date
of request;
7. to manage any risk of loss to us, a User, or any other person; or
8. for other reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable
for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you
must pay us all fees owed to us and reimburse us for all losses and costs (including any and all
of our employee time) and reasonable expenses (including legal fees) related to investigating
such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach
of this User Agreement will be substantial and will potentially include (without limitation) fines and
other related expenses imposed on us by our payment processors and Users and that those
damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User
Agreement, we may fine you up to US$3,000 for each breach and/or we may take legal action
against you to recover losses that are in excess of the fine amount; (3) a fine of up to US$3,000
is a presently reasonable pre-estimate or minimum estimate of our damages, considering all
currently existing circumstances, including (without limitation) the relationship of the sum to the
range of harm to us that reasonably could be anticipated and the anticipation that proof of actual
damages may be impractical or extremely difficult; and (4) we may release the entire (or part of
the) amount of the fine from your Account to us.
If we close your Account for a reason other than as a result of your breach of this User
Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive
any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect
of any such suspension or termination of your Account.
