dothis.to Registered Consultant Terms and Conditions

The purpose of the Registered Consultant Program of Dothis.to is to help organizations using Dothis.to ("Service") in accelerating process documentation in the Service and improve alignment to building better trust and confidence in the organization. These Terms and Conditions ("Terms", "Agreement) guide the Client and the Registered Consultant in their use of the Service.

Please read this agreement carefully as it represents a legally binding agreement between you and Dothis.to. By submitting your application and by your use of the Registered Consultant Program, you agree to comply with all of the terms and conditions set out in this Agreement. Dothis.to may terminate your Registered Consultant Account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Dothis.to believes is harmful to its business, or for conduct where the use of the Registered Consultant Program is harmful to any other party.

Definitions

"Registered Consultant" means the user of these Terms and Conditions, trained by a representative of Dothis.to to teach the Service features and has professional capability in developing processes and documentation of an organization;

"Client" means the organization or company using the Service seeking and/or obtaining Consulting Services from the Registered Consultant;

"Client Invoice" The invoice issued by Dothis.to in consideration for the Consulting Services requested by the Client.

"Consultant Hourly Rate" The hourly fee defined in the Consultant’s Profile or what has been agreed in the Statement of Work.

"Consulting Services" The services performed by the Registered Consultant for the Client

"Net Consulting Fees" The fees that will be paid by Dothis.to for the Consulting Services performed by the Registered Consultant.

"Consultant Statement of Work" is a document stating the extent and specificity of work or the Consulting Services of the Registered Consultant towards the Client including the Client’s responsibility towards the Registered Consultant.

"Confidential Information" means any information related to the Engagement disclosed by the Client to the Registered Consultant and by the Registered Consultant to the Client, respectively, either directly or indirectly. Confidential Information may include, by way of example but without limitation, products, specifications, formulae, equipment, formulas, models, employee interviews, records, quality monitoring schemes/programs, training materials, business strategies, customer lists, know-how, drawings, pricing information, inventions, ideas, and other information, or its potential use, that is owned by or in possession of the Client and the Registered Consultant, respectively;

Agreement Objective

Dothis.to trains Registered Consultants in the use of the Service. These Registered Consultants are also qualified to develop the organization's, including but not limited to, procedures, processes, policies, and courses with the help of the Service.

Subject to the Terms and Conditions of this Agreement, the Registered Consultant is willing, upon mutual agreement, to provide Consulting Services to the Client.

The scope, duration, and Net Consulting Fees for the Consulting Services will be determined beforehand in the Consultant Statement of Work which is created externally from the Service.

In the context of the performance of the Consulting Services, the status of the Registered Consultant shall be that of an independent contractor and not that of an agent or employee of Dothis.to nor the Client. The Registered Consultant will perform Consulting Services in full independence and autonomy.

The Registered Consultant shall have no power or authority to act on behalf of Dothis.to or in its name or to bind Dothis.to, either directly or indirectly, in any matter or thing whatsoever.

The Consulting Services defined in the Statement of Work shall be executed intuitu personae given the appointed Registered Consultant has been chosen based on his/her personality and qualifications. As a result, unless otherwise explicitly agreed by the Client, the appointed Consultant shall not be allowed to delegate the performance of the Consulting Services to any and all third parties.

Account

To use the Service you must register to our website and must, therefore, be a legal entity or an individual older than 18 years old who can legally execute and perform a contract. By using the Service, you agree to a) be bound by this Agreement AND to b) be responsible for your use of our website and the performance of the Consulting Services. Dothis.to reserves the right, at its sole discretion, to refuse, suspend or revoke your access of the Service.

You authorize Dothis.to, directly or through a third party, to check or validate your identity & profile. When requested and subject to applicable law, you must provide us information about you and/or your company. This being said and although these Terms require users to provide accurate information, Dothis.to does not confirm any users purported identity or profile.

Consultant Registration

The process to be a Registered Consultant in the Service is:

  1. Dothis.to will search and invite for suitable Registered Consultants or the applicant may submit his/her application through the website.
  2. Once application and registration are approved, the Registered Consultant needs to complete his/her profile, including his/her hourly rate for consultation.
  3. Dothis.to will make the Registered Consultant profile publicly available through the website including organizations.
  4. The Client can request for Consulting Services from the Registered Consultant and enters into a contract for the Consulting Services insofar the Registered Consultant also accepts the Statement of Work.

Consulting Fees

In consideration of the Consulting Services, Dothis.to shall pay to the Registered Consultant (1) the Net Consulting Fees and (2) if any, the expenses agreed upon in the Statement of Work.

The Consulting Services will be on an hourly basis. The Registered Consultant must submit, through his/her account, the timecard for the Consulting Services. The Client will then have ten (10) days to validate the timecard, after which it will be understood but irremediably be considered as accepted. The Client Invoice will then be sent to the Registered Consultant and he/she will need to validate it within 48 hours, after which it will be understood but irremediably be considered as accepted.

The Net Consulting Fees will be paid only and at the latest thirty (30) days after the corresponding amount has been paid by the Client, being understood that in the event of late payment by the Client, Dothis.to will use all reasonable endeavors to swiftly obtain such payment and, as a result, pay the Net Consulting Fees to the Registered Consultant.

Duration & Termination of Consulting Services

Each set of Consulting Services starts and ends as mentioned in the Statement of Work but can be extended by the mutual consent of the Client, the Registered Consultant, and Dothis.to.

Without prejudice to its right to claim damages, Dothis.to may terminate this Agreement in writing with immediate effect if one of the following events occurs:

  • The Registered Consultant does not have the minimum expertise needed to perform the Consulting Services or commits any act of gross negligence
  • The Registered Consultant commits any act of dishonesty of serious misconduct or affects negatively the reputation of the Client
  • The Registered Consultant doesn't comply with his obligations specified in the section "Obligations of the Registered Consultant

Each Party may terminate this Agreement in writing with immediate effect if the other Party violates a material contractual obligation of the Agreement.

If due to illness or injury or force majeure, the Registered Consultant is unable to perform the Consulting Services, Dothis.to will attempt to find a replacing Registered Consultant after being so notified.

Obligations

Obligations of the Registered Consultant

The Registered Consultant agrees to :

Without prejudice to its right to claim damages, Dothis.to may terminate this Agreement in writing with immediate effect if one of the following events occurs:

  • Complete his/her profile accurately and in all honesty & maintain it up to date;
  • Perform the Consulting Services with the appropriate care, integrity & skills expected from an experienced professional;
  • Inform Dothis.to immediately of any potential or existing conflict, expected delay or any negative event that may have a negative impact on the reputation of Dothis.to;
  • Shall not willingly or knowingly do or permit to be doing anything to the prejudice of Dothis.to or the Client(s);

Obligations of the Client

To the extent that Consulting Services is dependent on information and explanations to be provided by the Client, the Client will ensure that such information and explanations are provided on a timely basis and that all such information and explanations are complete, accurate, and not misleading.

When the Client uses or provides the Registered Consultant with third-party information, support or materials, the Client will ensure that it has appropriate agreements in place with those third parties to enable the Registered Consultant to perform the Consulting Services.

Liability

Dothis.to is only liable for providing adequate access to the platform described above. Dothis.to is moreover not liable for the quality of the Consulting Services that are to be provided by the Registered Consultant appointed by the Client, under the sole responsibility of the latter.

The obligations of the Registered Consultant are obligations of means and not on a performance basis (obligations of result). The Registered Consultant will only assume liability for any loss, damage, delay, costs, or compensation arising from deliberate errors, negligence, or misconduct.

The Registered Consultant Program is provided on an "as is" and "as available" basis and the use of the Registered Consultant Program is at the Registered Consultant's own risk.

Dothis.to is not responsible for any damages, injury, or economic loss arising from the use of the Registered Consultant Program. Should any part of the Registered Consultant Program cause damage or inconvenience to the Registered Consultant or anyone claiming through the Registered Consultant, the Registered Consultant assumes responsibility and the entire cost for them.

The Registered Consultant will indemnify and hold harmless Dothis.to, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Registered Consultant's use of the Registered Consultant Program.

Confidentiality, Intellectual Property Rights and Privacy

All information that is obtained by the Registered Consultant from Dothis.to and/or the Client and that does not belong to the public domain shall be kept confidential. The Registered Consultant agrees neither to disclose nor to use, directly or indirectly this confidential information and to take all necessary actions to prevent the disclosure of it.

Unless explicitly agreed, the Registered Consultant acknowledges that all reports, data, programs, documents, and other know-how belonging to the Client will remain the property of such party and will be returned to that said party at the end of the Consulting Services. The reports, data, programs, documents, and other know-how developed by the Registered Consultant in the course of the providing of the Consulting Services will be the sole property of the Client.

Any and all personal data communicated to Dothis.to for the purposes of the execution and/or performance of the Agreement will be subject to our Privacy Policy, accessible at the following address: https://dothis.to/privacy-policy. By entering into the Agreement, the Registered Consultant formally acknowledges its approval of the terms of this Privacy Policy.

Changes in the Agreement

Dothis.to may, in its sole discretion, change or modify this Registered Consultant Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Registered Consultants upon posting of the modified Registered Consultant Agreement on the website. The Registered Consultant is responsible for reading this document from time to time to ensure that its use of the Registered Consultant Program remains in compliance with this Registered Consultant Agreement.

If any modification is unacceptable to the Registered Consultant, its sole recourse shall be to terminate this Registered Consultant Agreement. The Registered Consultant's continued participation in the Registered Consultant Program will constitute binding acceptance of such modifications.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Philippines. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the courts located in the Philippines.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.