Terms and Conditions
Expert Terms and Conditions
By accepting these Terms and Conditions, you acknowledge that you are making express representations and warranties to ExpertsConsult and Clients that you will abide by all of your obligations and responsibilities as set forth in these Terms and Conditions. Any change which relates to this agreement will be posted on the ExpertsConsult website (www.expertsconsult.org) and will be confirmed with you by email.
ExpertsConsult offers industry executives and professionals the opportunity to join the expert network and provide research consulting services to ExpertsConsult and/or its clients. These research consulting services may include one-on-one phone consultations, face-to-face meetings, group conference calls, surveys, web-based conferences, or other research services.
2. Registration Process
2.1) You can register at the website of ExpertsConsult (www.expertsconsult.org) to apply for membership of the ExpertsConsult Community (ECC). However, your membership is subject to approval and such approvals are granted at the sole discretion of ExpertsConsult.
2.2) Acceptance of the Terms and Conditions detailed in this agreement and your explicit consent are pre-conditions to your membership and consequent participation in Engagements. It is your duty to determine from whomsoever you have obligations to whether they have objections to your membership and receive consents required, if any.
2.3) Accuracy of Information: You agree to provide ExpertsConsult with precise biographical information, including but not limited to your current and previous employment status, education credentials, membership of associations or societies, certifications, publications, patents and awards. You agree not to impersonate any person or entity, or falsely state/misrepresent your affiliation with any person or entity, past or present including, but not limited to, misrepresenting your current or previous positions and/or qualifications. You are solely responsible for your ECC Information which will include your biographical information and specific information which ExpertsConsult or its clients may request prior to any engagement. While ExpertsConsult may revise ECC Information on your behalf based upon information provided by you or others, you have to ensure the accuracy and authenticity of your profile. You agree not to participate in any engagement with any Client unless your ECC Information is accurate and updated.
3. Process of Participation
3.1) The ECC is a group of professionals and consultants in various industries and specialties who educate and share insights with business leaders and other organizations and professionals (“Clients”). ExpertsConsult provides opportunities for community members to participate in different types of projects through telephone consultation, Video Conferencing or other communication modes.
3.2) An Expert will be contacted by phone or e-mail whenever ExpertsConsult believes that there is a potential match between a Client’s research interests and the Expert’s profile. ExpertsConsult will conduct a brief screening call with the Expert about the assignment prior to determining whether the Expert will be recommended to the Client. This screening call is not counted as part of a paid project. After the screening calls with Experts, ExpertsConsult will send the names of the most relevant Experts to the Client, after which the Expert will be notified about the Client’s interest in speaking with him or her.
3.3) Experts who are requested to participate in an activity (consultation) should accept or decline within 48 hours. One-on-One project consultations should be scheduled at a mutually convenient time with the Client within five business days. All projects you are provided should be performed in a prompt, focused, and professional manner.
3.4) All consultations between the Expert and the Client must be coordinated through ExpertsConsult. If a client contacts you directly, please inform ExpertsConsult immediately and we will confirm the project for you and the client. We may indicate that you can schedule the project time independently with the Client, as long as ExpertsConsult is aware of the activity and it is logged in the portal of ExpertsConsult.
3.5) Please note that Experts are paid only for the time that they speak with the Client. Only if the Client explicitly requests the Expert (via ExpertsConsult) to spend a certain amount of time on research or preparation or any other work outside the scope of the assignment, and that approval is documented in an email, then ExpertsConsult will reimburse the Expert for that time.
3.6) You have no minimum time commitment to ExpertsConsult unless otherwise agreed to, and may engage in any employment or other consulting you wish. Experts are never obligated to accept an Assignment, and ExpertsConsult does not guarantee a particular number or frequency of Assignments. You agree that you may be declared ineligible for certain Assignments as a result of any amendment or revision to our Terms and Conditions or other policies/regulations followed by ExpertsConsult.
4. Expert Commitments
You represent, warrant and undertake that:
- You will not disclose any non-public and material information of any company or a person or an entity related to it.
- You will keep confidential, not disclose to any third party or use for any purpose, any confidential information disclosed to you before, during or after a Consultation (including identity of a Client, the subject matter of any Consultation or the questions asked during a Consultation and the rates agreed by you with ExpertsConsult in respect of any Consultation).
- If ExpertsConsult learns that you have disclosed confidential information mentioned in clause 4.2, we will immediately terminate our relationship with you and withhold payment for such consultation, and we may also take such other action as we deem appropriate.
- You will not participate in any engagement where you need to disclose any trade secrets, strategies, proprietary or other confidential information of any company.
- You acknowledge and agree that you will participate in Research Services as an independent contractor of ExpertsConsult and, as a result, you agree to comply with all applicable tax withholding and/or reporting obligations arising from any payments made by ExpertsConsult to you. Except as expressly agreed in writing, you will not have any right or authority to negotiate any agreement or otherwise incur any obligation on behalf of ExpertsConsult or to make any representation or warranty on behalf of ExpertsConsult or any Client. Your status as a Community Member does not create an employment, agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between you and ExpertsConsult or any Client. Additionally, you agree that you will not make any unauthorized use of ExpertsConsult's name.
- You will provide updated biographical information to ExpertsConsult, and not misleading and you will update it in respect of any material changes (including any change to your employment).
- You have the necessary permissions to engage in each Consultation.
- You will not knowingly participate in any Consultation for a Client that is (or is acting on behalf of) a competitor of your current employer or a company for which you serve as an officer or director.
- You will inform ExpertsConsult if you have been found guilty or investigation is pending on you by any court of law, entity, authority, association for insider trading, market abuse, money laundering, violation of any guidelines or any other offences in any jurisdiction and you will inform ExpertsConsult immediately upon becoming aware of any investigation or being charged with any such offences during the term of this agreement
- You will inform ExpertsConsult if you are (or have been during the past 2 years) an employee or advisor or consultant to any government, government department, government agency or to any state entity. If you are a government employee or official, you will not discuss government legislation, regulation, policy, contracts or any other business that you, as a government official or employee, would be in a position to vote upon or otherwise influence.
- If you are a healthcare professional and participating in any trials, you must not discuss patient specific information or trial information not yet publicly available.
- You will not provide any investment, legal, financial, accountancy, or medical advice to any Client including, without limitation, recommending, rating or valuing any security or providing advice regarding the investment in, purchase or sale of any securities. If you are an auditor or a former auditor, you will not comment on any company you have audited in the three (3) years prior to the Consultation.
- You will not contact, or solicit any of ExpertsConsult's Clients with which you have engaged in Consultations, unless such contact is arranged by ExpertsConsult. This clause applies from the time when you are introduced to a Client until one (1) year from the date of your last Consultation with the Client. It does not apply to the extent that you have a proven pre-existing relationship or association, based on past work performed. If you notify ExpertsConsult of such pre-existing relationship when a Client is proposed to you, and you do not participate in a Consultation with the Client, ExpertsConsult imposes no restrictions with regard to this Client. ExpertsConsult will not restrict you from accepting an offer of employment from one of its Clients.
- You agree that you have taken necessary permission before submitting any information to ExpertsConsult website or its clients. You are completely responsible for your content and you also agree not to submit any unlawful content or that otherwise violates these Terms & Conditions.
- You shall hold all Proprietary Information in strict confidence and shall not disclose any Proprietary Information to any third party. You shall not use any Proprietary Information for your own benefit or that of any third party. The obligations of this Section with respect to Proprietary Information shall survive any termination or expiration of this Agreement.
- You hereby acknowledge that any Client for whom you perform Research Services hereunder is an intended third party beneficiary of these Terms and Conditions and has the same rights and expectations as ExpertsConsult with respect to any breach by you of your representations, warranties and covenants hereunder.
5.1) Each Member will be communicated the rate of particular engagement before they participate in any activity through our platform and are free to accept or reject it as well. To receive payment, you must log into ExpertsConsult secure website, create a payment profile and submit an invoice for the time spent on assignments with ExpertsConsult' Client. Unless you have received prior written authorization from ExpertsConsult, you will not be compensated for any time in preparation of, or in follow-up to, Research Services. Clients cannot authorize such additional work. In addition, ExpertsConsult will compensate you only for Research Services that are either arranged by ExpertsConsult, through its systems, or pre-approved in writing by ExpertsConsult.
5.2) Consultation fee will be calculated, by default, by multiplying the hourly rate or as agreed upon between you and ExpertsConsult before your participation. The consultation fee will be paid to you within 30-45 days of validation of the duration of engagement by the client and will be deposited or transferred to your bank account or other payment methods as per the details submitted at the time of registration with ExpertsConsult or will be transferred in the form of gift vouchers or prepaid card or as agreed upon between you and ExpertsConsult before your participation. Any inadvertent or unforeseeable delay in this deposit will be communicated to you prior to the completion of these 45 days.
5.3) You are expected to inform ExpertsConsult about the duration of engagement after its completion within 5 business days. Clients have the option to terminate the call within the first five (5) minutes without giving any reason whatsoever, the case in which the call will not be considered billable by ExpertsConsult and no compensation would be provided to you for the same.
5.4) If you do not receive payment, you must inform ExpertsConsult by email within six (6) months of the end of the thirty-day period mentioned in clause 5.2 above, stating that payment has not been received.
5.5) ExpertsConsult will investigate all queries of non-payment and will endeavour to ensure the relevant fees are paid as soon as possible.
5.6) ExpertsConsult reserves the right not to pay fees for the following reasons:
(a) failure to report a Consultation under clause 5.3;
(b) arranging a Consultation directly with a Client without notifying ExpertsConsult in advance;
(c) failure to notify ExpertsConsult within the six-month period mentioned in clause 5.4 above, that payment has not been completed.
5.7) ExpertsConsult will deduct from the payment of fees any withholding taxes or other amounts required to be deducted by applicable local law or regulation
6. Data Protection
6.1) Your consent to the recording for compliance purposes of conversations between you and ExpertsConsult (you will be notified in advance if a recording is being made). You agree, to the extent permitted by applicable law, that such recordings may be submitted in evidence in any proceedings.
6.2) In some engagements, audio and visual recording can be a pre-condition to/for participation and would be notified to you prior to your participation. If you accept the offer for these engagements, you agree to give permission to ExpertsConsult or its clients or any other third parties associated with ExpertsConsult to undertake these recordings. You agree that such recordings may be submitted as evidence in a court of law to the extent permissible by applicable law or any other purpose deemed suitable by ExpertsConsult.
7.1) The total liability of ExpertsConsult in the contract arising due to this agreement shall be limited to an amount equal to the fees paid to you.
7.2) ExpertsConsult shall not be liable for any loss or damage, or any costs, expenses or other claims including without limitation:(i) loss of profit: (ii) loss of business; (iii) loss of revenue; (iv) loss of goodwill; (v) loss of anticipated savings; (vi) loss of any data or information and/or (vii) special or indirect loss or consequential loss or otherwise which arise out of any Consultation or in connection with this Agreement.
7.3) Nothing in the Agreement excludes or limits ExpertsConsult’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.
8.1) With respect to your commitments to complete Projects for which you are engaged, you have the right to withdraw from the ExpertsConsult Network at any time upon notice to ExpertsConsult, and ExpertsConsult has the unlimited right to terminate or limit your membership in the ECC at any time and for any reason.
8.2) We may modify these terms and conditions from time to time by posting the modification(s) on our website, www.expertsconsult.org. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to terminate your membership in the ECC. If you continue to participate after any modification becomes effective, then your participation will constitute acceptance of such modification. ExpertsConsult reserves the right to terminate in its sole discretion any person's membership.
8.3) You may disclose this confidential information if required by law, valid court order, or government agency, provided you shall notify ExpertsConsult to the fullest legally permissible extent so that ExpertsConsult may seek a protective order requiring that the information and/or documents to be disclosed be used only for the purposes for which the order was issued.
By signing these Terms & Conditions, you acknowledge and agree that you are making express representations to ExpertsConsult and its Clients that you will abide by all of your obligations and responsibilities as set forth in these Terms & Conditions.
End of Terms & Conditions
Last revised 01.03.2019