Worker Agreement

1. To pay the Worker for the time they spend working on the project, rather than for a specific deliverable.
2. That the only type of arbitration available to them is the "Pay for Time" arbitration (detailed elsewhere in this contract). They may contest the presence of the Worker (via proof in the Worker's webcam image), or that the Worker was not working on their project (via proof in the Worker's desktop screenshot). These are the Employer's only options on this type of project. Proof of fraud must be 100% definitive, and anything else will be deemed insufficient evidence of fraud. Examples of 100% definitive proof are:
   • Absence of worker in the camera image
   • Screenshot showing the worker using an application that is definitively not related to the project (for example, Minesweeper is active on a project unrelated to gaming).
   Examples of insufficient evidence are:
   • A screenshot that doesn't change from the previous capture, or that has no active applications showing (the worker could be thinking)
   If the Employer does not wish to be limited in arbitration in this way, they agree to post the project as "pay for deliverables" rather than "pay for time".
3. To approve or contest the Worker's timecard in a timely manner. If they exceed the following timeframe for any reason, the Employer agrees that the time card is approved by them ("auto-approval").
    

   Time card length	Time to approve/contest (after period completes)
   A week	3 business days (see definition of a "business day" earlier in this contract)

   
   

1. To use reasonable efforts to keep its systems running so as to record the Worker's time.
2. Should a failure occur despite this, both parties agree to hold Exhedra harmless for the outage or failure. Should this occur, Exhedra will attempt to rectify the situation in the fairest way that it (in its sole discretion) determines is possible and both parties agree to be bound by Exhedra's determination.

1. To hold Exhedra harmless of any legal claim (copyright, trademark, privacy and otherwise) regarding anything captured from the Worker's webcam or desktop, while logged into the Worker Time Card application.
2. That when Employer releases funds to the Worker, Exhedra will be given a 9% commission fee, from the total amount (with a minimum of $3).

1) About Mediation / Arbitration:

Should the Employer and Worker not be able to come to agreement on acceptance, (including but not limited to copyright to deliverables, whether deliverables meet requirements and whether work acceptance should occur), both parties agree to designate Exhedra as sole mediator and arbitrator (two distinct roles).  Exhedra agrees to mediate and arbitrate fairly and impartially according to the rules in this section. Where no rules yet apply it will use its best judgment (in Exhedra's sole opinion).  Employer and Worker agree that Exhedra's decision is final and binding to them and hereby waive any other further legal challenges or remedies including but not limited to civil or criminal litigation against the other party or Exhedra.

2) Mediation:

Before arbitrating, Exhedra may attempt to first mediate a mutually acceptable compromise solution between both parties if it determines the option is a viable one. A mediated compromise can provide a quick and easy way for both parties to obtain a successful outcome, without the time and energy required by a full-blown arbitration. Both Employer and Worker understand and acknowledge that they are NOT required to accept any mediation proposals. Exhedra acknowledges that the refusal of any party to accept a mediation proposal will not affect its standing in the subsequent arbitration.

If a mediation successfully occurs in which the original contract is either reduced or cancelled, Exhedra will document what occurred by placing a rating on one or both parties' records, as detailed below under "Exhedra Ratings".

Should either party not agree to a mediation compromise, or should Exhedra (at its sole discretion) determine that the option is not a viable one, the process moves on to arbitration.

3) Arbitration:

Whereas mediation is like a diplomatic negotiation between two countries, arbitration is like a court trial. Much like a trial case, each party's side is weighed and often evidence needs to be gathered to determine the prevailing party.
 
3a) "Pay for Deliverables" Arbitrations:

Arbitration of the project is based solely on whether or not the Worker met the conditions specified in the Employer's 'Entire Project' (unless either Employer or Worker prematurely forfeits by the other rules of arbitration detailed below).    The 'Entire Project' is defined as: The original project posting on the site (which includes but is not limited to the description, attachment and deliverables) The subsequent clarifications and/or changes made in bids/comments from both sides in the site bidding/comment system.      Both Employer and Worker agree that any discussions conducted outside of the site (including email, off-site chat and oral conversations over the phone) are NOT considered part of the 'Entire project' and WILL NOT be taken into account. Worker portfolio documents (which are hosted offsite) are also included in this category.     In addition, instant forms of onsite communication (such as the onsite chat/IM and optional Assembla chat/IM) can often result in ambiguous/inaccurate logs. As an example, a worker may type: "I will do it for $100" and an employer responds with "Okay, that works for me.". However, because they are a slower typer, the worker may have already typed "But actually I would prefer $200" before the employer hits "send", resulting in the following (misleading) log: Worker: "I will do it for $100" Worker: "But actually I would prefer $200" Employer: "Okay, that works for me" Due to situations like the above, some or all parts of any instant forms of onsite communication may not be considered part of the 'Entire Project" unless Exhedra (at its sole discretion) determines it it clear and unambiguous enough to do so.     Exhedra has found that due to poor wording or lack of attention to detail, that sometimes portions of the 'Entire Project' contradict other portions or are unclear.  In the event that either Employer or Worker disputes with the other party any portion of the 'Entire Project' (including but not limited to disputes over an alleged contradiction,  interpretation, or applicability) Exhedra will be the final determiner of the best method of resolving the issue.  It will make this determination using the most impartial method that it can, in good faith, formulate.       Despite repeated warnings to both Employer and Worker to the contrary, occasionally Exhedra finds that both parties have neglected to use the site to detail key items of the 'Entire Project', withholding the information necessary to make what Exhedra feels is a "just" arbitration decision.  This can happen due to a deliberate manipulation by one party and/or due to genuine ignorance of the consequences of such behavior by one or both parties. Should Exhedra determine this to be the case, it may extend the definition of the 'Entire Project' to include items not normally covered (such as 3rd party chat logs).  However, neither Employer nor Worker may demand such an extension nor possess the "right" to such an extension.  Instead Employers and Workers agree to properly document the 'Entire Project' on the site as Exhedra warns, and not expect, or count on an extension to occur in any arbitration.  Site users who repeatedly do not use the site to document the 'Entire Project' may be ejected from the site. 3a1) 'Quick Resolution' Arbitrations If a Worker does not upload completed deliverables to the site by the delivery deadline posted by the employer, then the Worker will be found in forfeit of the arbitration. The Worker agrees to allow enough time before the deadline to double check that what they uploaded to the site is actually what they intended to upload and is in the proper format and is 100% of the deliverables...and to reupload it before the deadline if it should not be. Should the site be down, the Worker may alternately confirm delivery by emailing the deliverables along with the project URL to facilitator@vWorker.com. The date/time stamp of the email will then be used to determine if delivery was made on time or not. However, to prevent an unscrupulous Employer from unfairly manipulating a Worker to obtain free work...should Exhedra discover evidence that it feels indicates that the Employer continued to work with the Worker after the deadline, and the Worker did so in a fully competent manner, then the deadline may be deemed "Implicitly Extended" by the Employer's actions..nullifying the previous deadline and the above mentioned forfeiture. If the timezone for a deadline is ambiguous, then Employer and Worker authorize Exhedra to determine the time zone to be enforced, using whatever method it deems (in its sole opinion) to be appropriate.   If the Worker has already agreed to provide status reports prior to the arbitration and did not fulfill that agreement, then they also be found in forfeit of the arbitration. However, to prevent an unscrupulous Employer from unfairly manipulating a Worker to obtain free work...should Exhedra discover evidence that it feels (at it's sole and complete discretion) indicates any of the below: That the worker reported the same information required of a valid status report, but did so in a place other than the status report section (for example: in the onsite communication). That the Employer continued to work with the Worker after the status report requirement was not met. ... then the Employer will be considered to have waived their rights to cancel on that particular missed stats report..nullifying the previous deadline and the above mentioned forfeiture. Note: status reports are NEVER required of the Worker while arbitration is in process. If either party closes their account, then they agree that they will forfeit any ongoing and/or future arbitrations. 3a2) 'Insufficient Progress' Arbitration If the Employer charges that the Worker is not making sufficient progress on a project, the Worker must supply specific demonstrable proof to the contrary. Examples of demonstrable proofs of progress are (depending on the type of project and level of progress expected) programming requirements, layout, designs, prototype(s), code, test cases, etc. If Exhedra determines that demonstrable proof of progress has not been supplied, the Worker will be found in forfeiture of arbitration. Exhedra may not only cancel the Worker's bid but also assign the Worker's other open projects to another, more responsible Worker.  3a3) 'Deliverable Dispute' Arbitration The typical arbitration case involves a disagreement on what was delivered. The Employer typically claims that they did not receive 100% of the 'Entire project' and the Worker typically claims that they did provide this to the Employer. The only way to determine who is being truthful and who isn't, is to test the deliverables.  When this occurs, an Exhedra tester will perform "flaw list verification" where they compare the Employer's list of problems (the "flaw list") to the actual application/deliverables.  Should one or more flaw list items be verified, then the Employer wins arbitration.  Should no items be verified then the worker wins arbitration.  The process works as follows: 1) "The Flaw List": First Exhedra will request a detailed flaw list from the Employer detailing exactly what the Employer contends was not delivered, and (if appropriate) instructions on how to duplicate the alleged behavior.  Employer agrees to provide the above when requested by Exhedra, so that Exhedra can confirm or deny whether the original project requirements were met or not.  Should the Employer not provide the flaw list then they will be found in default of arbitration.  Note that all flaw list items will be screened per the "Flaw List Exceptions" rule below. An unscrupulous Employer who knows that they will lose arbitration, might be tempted to unfairly delay the inevitable payment to the Worker, by delivering flaw lists in 'piece-meal' fashion. To prevent this, the Employer agrees that any flaw list they present is the full, complete and final flaw list. Occasionally, the arbitrator may add items to the initial flaw list that they feel are pertinent, and these may even be items suggested by one of the involved parties. However, both Employer and Worker agree that only the arbitrator may do this, and that no other party may. 2) "Testing Venue:"  Since the deliverables must function in the Employer's environment for acceptance, and the Employer is the party creating the "flaw list", the Employer will be responsible for hosting the testing venue.  However, if the worker is determined to have not released the deliverables in question to the Employer, the Worker will be responsible for hosting the testing venue.  Exhedra does reserves the right to move responsibility for the testing venue to another party if it (in its sole opinion) believes a fairer result may be achieved.  Additionally, Exhedra may choose to host the testing venue itself, if it (in its sole opinion) determines: a)...that the arbitration venue responsibility would not be better served by either the Employer or the Worker b)...that significant setup assistance will not be required from the Worker (since a Worker can take advantage of such a situation to do configuration tweaks that were not done on the employer's system) c)...that it has an existing environment adequate to testing the deliverables     Both Employer and Worker agree that if required to provide the testing venue, they will provide Exhedra with access to all aspects of their environment that are necessary for Exhedra to: a) Verify or deny the Employer's claims in the flaw list b) Verify or deny that deliverables have been modified to cheat the testing process     Note that these aspects may include (but are not limited to) software, hardware, documentation, remote access to systems etc..   Should the party responsible for hosting the testing venue refuse to provide all aspects of the testing venue when required to, they will default on the arbitration and forfeit it.      Exhedra may use file comparisons (and/or other means) to ensure that modification of deliverables does not occur by the testing venue host.  If Exhedra (in its sole judgment) determines that the host has modified deliverables to influence an arbitration unfairly in their favor, the host will forfeit arbitration, be found in default of their contract under the terms of 'fraud', and will have their account involuntarily closed. 3) "Flaw List Exceptions": Certain types of flaw list items will not be tested and must be removed from the flaw list.  They include: a) Subjective Items: Items that cannot be objectively stated cannot be objectively tested.  The Employer will be given the chance to restate them objectively, but if they do not, then they will be removed from the flaw list.    b) Cosmetic Flaws:  The Worker acknowledges and understands that they are expected to follow established industry standards (for software, graphics, writing, etc....whichever field applies). Such standards dictate doing adequate testing to ensure that the deliverables received by the employer meet the specification and are in stable working condition.  However, the Employer also  acknowledges and understands that  (for example) the complexity of modern software makes it impossible to create software that is 100% bug free (Windows is an excellent example).  In a graphics design project (as another example), minor issues (such as not liking a particular color) need to be addressed with the worker so they can be fixed...and otherwise cannot be expected to fix themselves. To ensure a fair test, certain items called "Cosmetic Flaws" will not be considered full-fledged flaws against the Worker.     "Cosmetic flaws" are defined as flaw list items that are infrequent, do not affect the major functionality of the deliverables, can be corrected very easily and do not reflect incompetence on the part of the Worker.  Some examples are a web page with the wrong background color or "typos" in a few data entry fields.  Should items be found to be "cosmetic flaws" and the Worker actually wins arbitration, then they will be required to fully correct them before receiving payment.       Note that should the tester determine that the frequency of cosmetic items shows a lack of adequate testing by the Worker, then the presence of too many cosmetic flaws WILL be considered a full-fledged flaw. c) Setup program bug items (applies to software-related projects only): The flaw list may contain reference to items caused by a faulty setup program.  Due to the exponential number of different computer configurations in the world, setup programs sometimes do not run perfectly on every machine.  More importantly, sometimes these issues cannot be identified until they are run on a particular "problem configuration" machine.  If the tester determines that one or more setup program related flaw items fall in this category and could not have been prevented by the Worker using adequate testing using their own equipment and proper testing measures commensurate with the project, then these flaw items will not be considered.

3b) "Pay for Time" Arbitration:

This is the only type of arbitration available on a "pay for time" project. In this arbitration, the Employer alleges that the Worker has not worked some or all of the time logged on their timecard. The Employer contests one or more of the entries and then must prove (via the webcam and screenshots in the worker's time card) that the Worker was either not present, or not working on the employer's project. If the employer's proof is ruled 100% conclusive by Exhedra (in its sole determination), then the Worker will not be paid for that time period. If it is ruled inconclusive or invalid by Exhedra (in its sole determination) then the Worker will be paid. If Exhedra determines that the Worker has committed intentional fraud some or all of their funds may be withheld from them and their account may be permanently closed. Examples of Employer refunds include: unauthorized breaks Playing games (on a non-game related project) Unauthorized talking on the phone Sleeping on the job Exhedra reminds Employers that legitimate working often involves thinking, and during that period, no changes to the desktop are expected to occur. As such, this type of behavior may not be contested. If the Worker has made any manual adjustments to their timecard, these can not truly be verified, so the Employer is under no obligation to accept them. The employer may accept or reject these without going into arbitration.

4) Forfeiting Arbitration by not responding

Employer agrees to be prompt in corresponding with Worker and Exhedra, including final acceptance of 'Work Complete'. Should an employer not fully comply with Exhedra requests to either certify 'Work Complete' or produce a flaw list within 5 business days, Employer will forfeit the arbitration (at Exhedra's sole discretion). For situations other than work complete/flaw list requests...should an employer not respond to Exhedra arbitration communication in 3 days, they will forfeit arbitration (at Exhedra's sole discretion).  Should an employer respond in 3 days but (in Exhedra's sole determination) attempt to stall the arbitration by inadequately addressing one or more issues, then they may also be ruled in forfeit of the arbitration (at Exhedra's sole discretion).

If an employer forfeit occurs then Employer forfeits the arbitration as well as the entire amount of the escrowed funds. Exhedra may (at its sole discretion) either award those funds to the Worker without further investigation, or choose to investigate if the Worker accomplished the contracted work corresponding to the escrowed funds. If Exhedra chooses to investigate, they will award the Worker the percentage that Exhedra determines that they have completed and return all additional escrowed funds to the Employer.

Worker agrees to be prompt in corresponding with Employer and Exhedra.  Should a Worker not respond to Exhedra arbitration communication in 3 days, they will forfeit arbitration (at Exhedra's sole discretion).  Should a Worker respond in 3 days but (in Exhedra's sole determination) attempt to stall the arbitration by inadequately addressing one or more issues, then they may also be ruled in forfeit of the arbitration (at Exhedra's sole discretion). Should a Worker not complete status reports prior to the beginning of the current arbitration then they will forfeit arbitration at Exhedra's discretion. If Exhedra determines a forfeit has occurred, then in addition to the Worker's bid being cancelled, all of the Worker's other bids which have been selected by Employers may be assigned to another (presumably more responsible) Worker.  This may be done with or without notice to the original Worker.

5) Excused absences:

Under certain circumstances, either employer and worker may be granted an extension by Exhedra to the normal response times they have agreed to elsewhere in this contract. This will occur if they have an "excused absence" (such as a vacation) that meets all of the following:

1. The party requesting the absence notifies Exhedra and the other party in advance of both the date and length of the absence. This notification will occur on the arbitration itself and will be done in advance of the absence start date by a minimum of 3 business days, and if the absence is longer than a week, than a minimum of 2 business days in advance for each week of the absence. In order to expedite the arbitration, Exhedra may amend the timeframes of this requirement during the arbitration. If Exhedra does this, it agrees to post the new timeframes to the arbitration, to inform both parties of the change. Once this is done, both employer and worker agree to be bound by these new timeframes.
2. The party requesting the absence will provide any and all proof that Exhedra might require to verify that the alleged event occurred, including plane stubs, medical records, etc. (Each party agrees that if they do not, that the reason will not be considered valid).
3. The reason must be determined by Exhedra (at its sole discretion) to be legitimate. For example "I notify you both 4 days in advance that I am taking a break from this arbitration for 2 weeks because I'm tired of participating" would not be considered legitimate.

Both parties agree that ALL of the above requirements must be met to be considered an excused absence. If any one is not met, then the absence is not excused and the party agrees that they are not entitled to an exception, and will be bound by the normal response times and penalties that they have agreed to elsewhere in this contract.

The advance notification requirement may be reduced, if the party can provide proof (per the other requirements) that an unforeseen emergency beyond their control was the cause and the sudden nature made it impossible to provide the normal amount of advance notice (for example, a medical emergency). If such notice occurs only AFTER the response period has elapsed, it may not be possible for Exhedra to partially or completely reverse the previously made decision. To prevent this from occurring, both parties agree to instead setup a 3rd party in advance (a friend, business partner, family member) as a proxy, who will notify Exhedra of their inability to respond. This will enable Exhedra to act on the information. If either party neglects to do this, or the proxy does not notify Exhedra in advance of that party's response time expiration, that party agrees that their right to an excused absence will be waived. In such a case, Exhedra may still amend what it can (for example, the rating may be changed to indicate a medical emergency occurred). However issues such as the escrowed funds cannot be "undone".

There are a few other extremely rare situations, in which an excused absence is justified, but does not meet all of the above requirements. For example, a competent Worker may deliver 100% of a project (including all tweaks, etc.) by the final deadline and then go on vacation afterwards. An unethical employer could put the project into arbitration while they were away, knowing that the vacation would not be considered excused per the above requirements. For this reason, both parties agree that Exhedra may waive any of the above requirements if it determines it would be more legitimate (at its sole discretion). Further, both parties agree that they do not have the right to demand or request such a waiver...and that it is purely at the discretion of Exhedra.

6) When the Employer Wins Arbitration:

If the Employer wins arbitration, they may, at their option, apply the entire escrowed amount to a new Worker at no charge.  Exhedra will offer the Employer options (if available) of switching to other Workers on the original bid, opening a new project to get new Worker bids, or otherwise offering to connect the Employer with Workers for the purpose of completing the project. 

The employer also has the option to cancel the project and request a refund of escrow funds.  To compensate Exhedra for the costs in this process, all refunds of this nature are subject to a cancellation fee for the Employer, as detailed under "Cancellation fee" elsewhere in this contract. However, to compensate the Employer when cancellation is not their fault...should the Worker be determined by Exhedra to be "at fault" for the cancellation, then funds in the Worker's account (if available) or an Expert Guarantee (if available) will be used by Exhedra to lessen or completely eliminate this charge.

If the Employer is awarded back 100% of their escrowed funds on a project, then they agree that the deliverables created by the worker may NOT be kept by the Employer. Employer agrees to relinquish possession by promptly and completely destroying all deliverables and copies of deliverables in their possession.

7) One Party Rating the Other Party:

To prevent 'retaliatory ratings', the losing party in an arbitration forfeits the right to rate the other party. Exhedra reserves the right to suspend rating rights on either party and/or to remove/edit ratings that it judges to be either retaliatory in nature or involving a "trade" of favorable ratings to avoid a deserved bad rating.

8) Exhedra Ratings:

Exhedra reserves the right to rate any party at any time, as detailed previously.

However mediations and arbitration situations receive special scrutiny from Exhedra because they often tempt one party to "trade" a deserved bad rating in return for performing a concession for the other party.  This practice is unfair to future employers and workers who rely on the ratings to make decisions and taints the overall integrity of the rating system.

To prevent this, both parties agree to cooperate fully and completely with Exhedra's investigations as to why a cancellation or reduction in payment has occurred. Exhedra (at its sole discretion) will determine who is "at fault" and will then apply its own rating as follows:

• When one party is found at fault
  
  The at fault party receives a negative rating (3 or less) with a comment detailing  what occurred and the arbitration is recorded as a 'lost' arbitration on their record.
   
• When two parties are found at fault.
  
  Both parties will receive a negative rating (3 or less) with an comment detailing  what occurred and the arbitration is recorded as a 'lost' arbitration on their record.
   
• When Exhedra can't determine who is at fault
  
  There are times when it is not possible (or economically practical) to determine conclusively which party is at fault and which isn't.  In these cases, both parties will receive a neutral rating with a comment detailing each party's unverifiable position.  The arbitration is recorded as  'neutral' arbitration on both party's records.
   
• When Exhedra determines that neither party is at fault
  
  Both parties will receive a neutral rating with a comment detailing why the result was neither party "at fault".  The arbitration is recorded as  'neutral' arbitration on both party's records.
     

9) Worker cancellation grace period:

A Worker may, in good faith, place a bid and then later discover at the time of escrowing that they cannot take on the project. Some examples include winning more projects than anticipated, or taking on additional responsibilities while waiting for the Employer to escrow funds. If a Worker notifies the Employer (onsite) or Exhedra, within 24 hours after the Employer fully completes the escrow payment, with a reason that will prevent them from completing the project, Exhedra will grant them a neutral rating, rather than a poor/bad rating. A comment indicating that the cancellation grace period was exercised by the Worker will be documented by Exhedra on both the Worker and Employer's profiles. Should Exhedra (at its sole discretion) determine that the reason does not appear to be legitimate (including but not limited to 'I just don't feel like doing the work'), it can revoke this privilege. If Exhedra determines that the Worker is misusing the worker cancellation grace period it can also revoke this privilege.

If Exhedra determines that the Worker started working on the project it can revoke this privilege and require formal arbitration to determine the reason for cancellation.

This grace period does NOT apply to a project in which the Worker has escrowed an Expert Guarantee. Such projects have their own period for an acceptable cancellation, as detailed elsewhere in this contract.

10) Inappropriate Behavior:

If Employer or Worker threatens or harasses the other party or Exhedra, does not treat the arbitration process with respect or professionalism, does not follow arbitrator instructions, attempts (in Exhedra's sole opinion) to manipulate or unduly influence the arbitration process, or breaks any rules in the employer or worker agreement or in the site terms and conditions, then Exhedra may choose to automatically forfeit that party and rule in favor of the opposite party, as well as permanently terminate that party's account.

11) Unfair contact via phone:

Exhedra arbitrators must maintain their objectivity to produce a fair judgment. This cannot be maintained when a party initiates one or more phone calls to attempt to pester or influence the arbitrator into deciding in their favor. To prevent this, both parties agree to post responses via the site and not to respond to the arbitration (nor attempt to discuss it) with Exhedra via the phone. The exceptions to this are:

• Posting difficulties: If either party is having technical or physical difficulties actually posting to the arbitration. In this situation they may phone Exhedra and a facilitator will assist them. (However, their arbitrator will not do so, to maintain proper distance and objectivity.)
• Initiated by arbitrator: Sometimes, written posts are not the most effective means for communicating; especially when complex or emotionally charged issues are discussed. If an Exhedra arbitrator (in their sole determination) determines that this is the case, they may require one or both parties to receive a Skype, phone call, or other means of improved communication. Exhedra will make reasonable arrangements to make sure the time of such communication works for the party or parties involved. If a party refuses to participate in such a discussion, or does not agree to do so in a reasonably timely basis (as solely determined by Exhedra), they can be considered to have forfeited the arbitration by not responding, and will suffer the penalties described for doing so, as detailed elsewhere in this contract.

12) When an objective/fair result cannot be determined

Normally, both parties create a clear and objectively measurable contract and then communicate onsite. When this happens, an objectively fair result can be determined by the Exhedra. However occasionally, one or both parties neglects to do this. When this happens, there is a possibility that the onsite evidence is not sufficient or clear enough to actually make a determination. If Exhedra (at its sole discretion) determines that this is the case, then both parties agree that Exhedra may use the determination method of last resort: the "random method". This involves finding a random 4th party input to provide a random determination on whatever issue is under question. For example, if the issue is whether 10% or 20% of the work is done, and neither party has specified the contract, then a determination could not be made and Exhedra would be forced to use the "random method". It might implement this by stating in advance that it will note the first number that appears on MSNBC.com the following day...and stating in advance that if it is odd then 10% would be awarded (and if it is even then 20% would be). To ensure a truly fair and random result, Exhedra will always state the random conditions and possible outcomes before any party (including itself) knows what the actual 4th party random result is.

13) Re-examining/re-opening arbitrations

Exhedra's goal in arbitrations is to always arrive at a fair arbitration result. Sometimes such a result is difficult to attain, for example, due to lack of complete information, miscommunication, etc.. If Exhedra determines (at its sole discretion) that an arbitration result was not (or may not) have been 100% correct, it has the right to re-examine and/or re-open any and/or all parts of it. If Exhedra (at its sole discretion) determines that a change should be made, the new change takes precedence over any original resolution. If Exhedra re-opens an arbitration, all parties have the same rights, duties and responsibilities as in a normal arbitration.

14) Agreement to not mislead and public announcements

Both parties agree that they will not mislead external parties about their arbitration experience, by providing inaccurate or misleading information about it. Each party understands and agrees that if they do this, then Exhedra has the right to protect its good name to the fullest extent of the law. Should a court of law find that either party did present inaccurate or misleading information, each party agrees to pay damages to Exhedra to fully compensate it for all damage caused, as well as to pay all of Exhedra's reasonable legal and administrative expenses in obtaining this compensation.

Sometimes, a party will discuss an arbitration in a public forum (internet or otherwise) and use inaccurate or misleading negative information in an attempt to "embarrass" Exhedra into ruling in their favor. Other times a party that has lost fairly, will attempt to get their revenge on Exhedra by posting innaccurate or misleading negative information, in an attempt to discourage future customers from using them.

Such situations are not fair to Exhedra, if left unadressed. To protect Exhedra, both parties agree that if either party puts out negative information about an arbitration to the public, Exhedra has a right to rebut the damaging statements by making public any or all of the information in the arbitration record, private messages, and other normally confidential information. Since such an act is usually done in a forum where the original damaging statement continues to do damage, both parties agree that Exhedra has the right to protect its reputation by:

• Keeping all of the above information public...even if the party closes their account on the site.
• Keeping any or all information on the party's public record public...even if they close their account on the site.

And since a damaging party can name Exhedra (and or it's website(s)) by its real name and location when causing this type of damage, both parties agree that Exhedra may also name them by their real name (including business name, geographical location, address, etc.) when the above situation occurs.

5. Worker's REPRESENTATIONS

Worker represents that it has the full power and authority to execute this agreement. Worker is the owner of, and/or has received all appropriate consent from the owners of, any and all material, information, intellectual property in any form, or other data that Worker makes available to Exhedra.

• If the project is completed successfully, then the Worker receives back the Expert Guarantee.
• If the project is not completed successfully, the Worker forfeits the entire Expert Guarantee as liquidated damages for the breach. The funds pay for the employer's cancellation fee (if any), charge back type fees (if any) and the remainder is donated to charity. An exception to this is made if the Employer is solely responsible for the project failing. If this occurs, then the Expert Guarantee is returned to the Worker.

1. Paying the Employer's cancellation charge (if any applies), on their behalf. See the Employer Legal Agreement for information on when a cancellation charge might apply.
2. Reimbursing Exhedra for any costs it incurs as a result of chargebacks or not receiving proper payment.
3. All of the remaining funds are donated to a non-profit charitable organization with no business ties (other than receiving donations) to Exhedra. The specific charity may change in the future, at Exhedra's sole discretion, as long as it meets the preceding requirements. Currently the non-profit charity is Direct Relief International, a charity that provides essential material resources to locally run health programs in poor areas around the world and during times of disaster. This charity was rated by Forbes in 2005 as one of the top 3 most efficient charities in the world. Click here for more information on Exhedra donations by year.

7. ACCEPTANCE  (applies to "pay for deliverables" projects only)

Upon Employer's receipt and acceptance of Worker's service or product, they will promptly indicate acceptance via the web site.  Upon acceptance, Exhedra shall credit the Worker's account with the amount released, minus the vWorker.com fee. The vWorker.com fee is calculated as a percentage of the amount of the escrowed funds and is based on the bidding type of the auction...according to the following fee schedule:

	Bidding Type	vWorker.com fee
	Open Auction All workers can bid.	15% *12.5%
	Private Auction Only the workers the employer invites can bid.	15% *12.5%
	One on One Project / Enhancement Allows an employer to give new or enhancement work to a worker they've worked with before. (2.5% discount for worker from an open auction)	12.5% *10%
	Bonus / Other Direct Payment Allows an employer to give a fixed bonus or other immediate payment to a worker they've worked with before. Payment is immediate and bypases escrow. (5% discount for worker from an open auction)	10% *7.5%
	Bulletin board For salaried jobs, requests for prewritten deliverables, etc. No contact restrictions. No fee to the worker, but a $50 posting fee to the employer.	0%