Last updated January 23, 2020

 

PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) Jobbie.ca (“Jobbie,” “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at www.Jobbie.ca or any part of the rest of the site.

This Agreement includes and hereby incorporates any other terms of use and or policies posted on this site, which may be amended from time to time.

Subject to the conditions set forth herein, Jobbie may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Jobbie will provide reasonable advance notice of any amendment that includes a substantial change, by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by Jobbie, Jobbie will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION IN SECTION 14 OF THIS AGREEMENT (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS PROVIDED IN SECTION 14). IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE.

IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR CONTRACTOR, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR CONTRACTOR, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR CONTRACTOR TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR CONTRACTOR TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR CONTRACTOR.

  1. JOBBIE ACCOUNTS

Section 1 discusses what you must agree to before using the Site or Site Services and the different types of accounts that can be created on the Site, as detailed below.

1.1 REGISTRATION AND ACCEPTANCE

By registering for an account to use the Site or Site Services  (an “Account”), by using the Site or Site Services  after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.

To access and use certain portions of the Site and the Site Services , you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Jobbie reserves the right to decline a registration to join Jobbie or to add an Account type as a Customer or Service Provider, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.

1.2 ACCOUNT ELIGIBILITY

Jobbie offers the Site and Site Services  for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services , you must, and hereby represent that you (a) have or are an employee or agent of and authorized to act for an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will use the Site and Site Services  for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Services ; and (d) a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business; or have the consent of a parent or guardian) who can form legally binding contracts.

1.3 ACCOUNT PROFILE

To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.

1.4 ACCOUNT TYPES

As described in this Section, there are a number of different Account types. Once you register for one Account type, you can add the other Account types under the same username and password. For example, if you already have a Service Provider Account (defined below), you can add a Customer Account as a separate account type in settings without re-registering. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services , and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.

1.4.1 CUSTOMER ACCOUNT

You can register for an Account or add an Account type to use the Site and Site Services  as a Customer (a “Customer Account”). Each User under a Customer Account (“Team Member”) can be given different permissions to act on behalf of the Customer Account. Any user using the Site, Site Services , including Direct Contract Services , for the purpose of searching for or using Services is a “Customer” for purposes of the Terms of Service.

1.4.2 SERVICE PROVIDER, CONTRACTOR, AND CONTRACTOR MEMBER ACCOUNT

You can register for an Account or add an Account type to use the Site and Site Services  as a Service Provider (a “Service Provider Account”). Another type of Service Provider Account you can add is an “Contractor Account”, the owner of which is referred to as an “Contractor”. An Contractor Account allows permissions to be granted to Users under the Contractor Account which can be given different permissions to act on behalf of the Contractor (each, an “Contractor Member”) .

You acknowledge and agree that the Contractor is solely responsible, and assumes all liability, for (a) the classification of your Contractor Members as employees or independent contractors; and (b) paying your Contractor Members in accordance with applicable law for work performed on behalf of the Contractor for Projects. You further acknowledge and agree that (i) the Contractor may determine the Profile visibility and pricing/rate information of any of its Contractor Members, and (ii) Contractor Members’ Profiles may display work history that includes work done under the Contractor Account, including after the Contractor Member is no longer an Contractor Member.

1.5 ACCOUNT PERMISSIONS

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Contractor Member, you represent and warrant that (a) the User is authorized to act on your behalf, (b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, Jobbie may close any or all related Accounts.

1.6 IDENTITY AND LOCATION VERIFICATION

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Jobbie. You authorize Jobbie, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.

1.7 USERNAMES AND PASSWORDS

When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Jobbie to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.

  1. PURPOSE OF JOBBIE

Section 2 discusses what Jobbie does and does not do when providing the Site and Site Services  and some of your responsibilities when using the Site to find or enter into a Service Contract with a Service Provider or Customer, as detailed below.

The Site is a marketplace where Customers and Service Providers can identify each other and advertise, buy, and sell Services online. Subject to the Terms of Service, Jobbie provides the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of Service Contracts, and providing Users a platform to review and provide feedback for each other. Jobbie does not manage payments, financial or service agreements between Users, although we may, on provision of credible evidence, and at our sole discretion, suspend or terminate a user account for non payment or non provision of services outside of this platform. It is the User’s sole responsibility to provide this information, but we encourage Users to communicate, where possible, through this platform, to facilitate this process.

2.1 RELATIONSHIP WITH JOBBIE

Jobbie merely makes the Site and Site Services  available to enable Service Providers and Customers to find and transact directly with each other. Jobbie does not introduce Service Providers to Customers, find Projects for Service Providers, or find Service Providers for Customers. Through the Site and Site Services , Service Providers may be notified of Customers that may be seeking the services they offer, and Customers may be notified of Service Providers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Customer or Service Provider on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and Jobbie is not a party to that Service Contract.

You acknowledge, agree, and understand that Jobbie is not a party to the relationship or any dealings between Customer and Service Provider. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts, (d) performing Service Provider Services , or (e) paying for Service Contracts or Service Provider Services . You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User. Jobbie does not make any representations about or guarantee the truth or accuracy of any Service Provider’s or Customer’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Service Providers or Customers; and does not vet or otherwise perform background checks on Service Providers or Customers. You acknowledge, agree, and understand that Jobbie does not, in any way, supervise, direct, control, or evaluate Service Providers or their work and is not responsible for any Project, Project terms or Work Product. Jobbie makes no representations about and does not guarantee, and you agree not to hold Jobbie responsible for, the quality, safety, or legality of Service Provider Services ; the qualifications, background, or identities of Users; the ability of Service Providers to deliver Service Provider Services ; the ability of Customers to pay for Service Provider Services ; User Content, statements or posts made by Users; or the ability or willingness of a Customer or Service Provider to actually complete a transaction.

You also acknowledge, agree, and understand that Service Providers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Service Provider Services ; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Jobbie, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Jobbie will not have any liability or obligations under or related to Service Contracts and/or Services for any acts or omissions by you or other Users; (iii) Jobbie does not, in any way, supervise, direct, or control any Service Provider or Service Provider Services ; does not impose quality standards or a deadline for completion of any Service Provider Services ; and does not dictate the performance, methods or process Service Provider uses to perform services; (iv) Service Provider is free to determine when and if to perform Service Provider Services , including the days worked and time periods of work, and Jobbie does not set or have any control over Service Provider’s pricing, work hours, work schedules, or work location, nor is Jobbie involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Service Provider for a Project; (v) Service Provider will be paid at such times and amounts as agreed with a Customer in a given Service Contract, and Jobbie does not, in any way, provide or guarantee Service Provider a regular salary or any minimum, regular payment; (vi) Jobbie does not provide Service Providers with training or any equipment, labor, tools, or materials related to any Service Contract; and (vii) Jobbie does not provide the premises at which Service Providers will perform the work. Service Providers are free to use subcontractors or employees to perform Services and may delegate work on fixed-price contracts or by agreeing with their Customers to have hourly contracts for Service Provider’s subcontractor(s) or employee(s). If a Service Provider uses subcontractors or employees, Service Provider further agrees and acknowledges that this paragraph applies to Jobbie’s relationship, if any, with Service Provider’s subcontractors and employees as well and Service Provider is solely responsible for Service Provider’s subcontractors and employees.

Without limiting the foregoing paragraph, if you are an Contractor or Contractor Member, you expressly acknowledge, agree, and understand that: (1) the Contractor is solely responsible for paying its Contractor Members for work performed on behalf of the Contractor and that such payments will not be made through the Site; (2) Jobbie is not a party to any agreement between the Contractor and its Contractor Members and does not have any liability or obligations under or related to any such agreement, even if the Contractor or Contractor Member defaults; (3) neither Contractors  nor Contractor Members are employees or agents of Jobbie; (4) Jobbie does not, in any way, supervise, direct, or control the Contractor or Contractor Members; (5) Jobbie does not set Contractors ’ or Contractor Members’ contract terms amongst themselves or with Customers (including determining whether the contract will be hourly or fixed price), fees, pricing, work hours, work schedules, or location of work; (6) Jobbie does not provide Contractors  or Contractor Members with training or any equipment, labor, tools, or materials needed for any Service Contract; (7) Jobbie does not provide the premises at which the Contractor or Contractor Members will perform the work; and (8) Jobbie makes no representations as to the reliability, capability, or qualifications of any Contractor or Contractor Member or the ability or willingness of any Contractor to make payments to or fulfill any other obligations to Contractor Members, and Jobbie disclaims any and all liability relating thereto.

Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, Users comply with the Opt Out provisions described in Section 7. Users are free at all times to engage in such other business activities and services and are encouraged to do so.

2.2 TAXES AND BENEFITS

Service Provider acknowledges and agrees that Service Provider is solely responsible (a) for all tax liability associated with payments received from Service Provider’s Customers and through Jobbie, and that Jobbie will not withhold any taxes from payments to Service Provider; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Service Provider is not covered by or eligible for any insurance from Jobbie; (c) for determining whether Service Provider is required by applicable law to issue any particular invoices for the Service Provider Fees and for issuing any invoices so required; (d) for determining whether Service Provider is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Service Provider Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Jobbie is required by applicable law to withhold any amount of the Service Provider Fees and for notifying Jobbie of any such requirement and indemnifying Jobbie for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Jobbie, Service Provider agrees to promptly cooperate with Jobbie and provide copies of Service Provider’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Service Provider is engaging in an independent business as represented to Jobbie.

2.3 MARKETPLACE FEEDBACK AND USER CONTENT

You hereby acknowledge and agree that Users publish and request Jobbie to publish on their behalf information on the Site about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Service Providers or Customers voluntarily submit to Jobbie and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Jobbie; Jobbie provides such information solely for the convenience of Users.

You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request that Jobbie post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, including your Job Success Score, wherever referenced, and other User Content highlighted by Jobbie on the Site or otherwise (“Composite Information”), if any, will include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by other Users. You further acknowledge and agree that Jobbie will make Composite Information available to other Users, including composite or compiled feedback. Jobbie provides its feedback system as a means through which Users can share their opinions of other Users publicly, and Jobbie does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.

Jobbie does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. Jobbie is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Jobbie reserves the right (but is under no obligation) to remove posted feedback or information that, in Jobbie’s sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Jobbie. You acknowledge and agree that you will notify Jobbie of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, Jobbie may rely on the accuracy of such information.

  1. CONTRACTUAL RELATIONSHIP BETWEEN CUSTOMER AND SERVICE PROVIDER

Section 3 discusses the relationship you may decide to enter into with another User, including Service Contracts between Users, as detailed below.

3.1 SERVICE CONTRACTS

If a Customer and Service Provider decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Customer and Service Provider. Customer and Service Provider have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that Jobbie is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Jobbie and any Service Provider or a partnership or joint venture between Jobbie and any User.

With respect to any Service Contract, Customers and Service Providers may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Jobbie’s rights and obligations under the Terms of Service, including this Agreement.

Users are responsible for complying with any local requirements. Jobbie does not assume any responsibility for any consequence of using the Optional Service Contract Terms. The Optional Service Contract Terms are not intended to and do not (a) constitute legal advice, (b) create an attorney-client relationship, or (c) constitute advertising or a solicitation of any type. Each situation is highly fact-specific and requirements vary by situation and jurisdiction and therefore any party should seek legal advice from a licensed attorney in the relevant jurisdictions.

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3.2 DISPUTES AMONG USERS

For disputes arising between Customers and Service Providers, you agree to abide by the dispute process for this site. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Jobbie will not and is not obligated to provide any dispute assistance beyond what is provided in the Escrow Instructions.

If Service Provider or Customer intends to obtain an order from any arbitrator or any court that might direct Jobbie to take or refrain from taking any action with respect to their account, that party will (a) give us at least five business days’ prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting Jobbie, we be paid in full for any amounts to which we would otherwise be entitled; and (c) be paid for the reasonable value of the services to be rendered pursuant to such order. Any such legal action or arbitration must take place in Calgary, Alberta, or the person or organization bringing the action must pay for the transportation of a Jobbie representative to the location of the action or hearing, should their physical presence be required.

3.3 CONFIDENTIAL INFORMATION

Users may agree to any terms they deem appropriate with respect to confidentiality, including those set forth in the Optional Service Contract Terms. If and to the extent that the Users do not articulate any different agreement, then they agree that this Section 3.3 (Confidentiality) applies.

To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

3.4 THIRD-PARTY BENEFICIARIES

It is the intent of the Parties to this Agreement that Users who have entered into Service Contracts or disclosed or received Confidential Information to another User are third-party beneficiaries of this Agreement with respect to this Section 3 only.

  1. WORKER CLASSIFICATION

Section 4 discusses what you agree to concerning whether a Service Provider is an employee or independent contractor.

4.1 WORKER CLASSIFICATION

Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Jobbie and a User.

Customer is solely responsible for and has complete discretion with regard to selection of any Service Provider for any Project. Customer is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Service Providers should be engaged as independent contractors or employees of Customer and engaging them accordingly; Jobbie will have no input into, or involvement in, worker classification as between Customer and Service Provider and Users agree that Jobbie has no involvement in and will have no liability arising from or relating to the classification of a Service Provider generally or with regard to a particular Project.

  1. JOBBIE FEES

Section 5 describes what fees you agree to pay to Jobbie in exchange for Jobbie providing the Site and Site Services to you and what taxes Jobbie may collect, as detailed below.

5.1 SERVICE FEES FOR SERVICE PROVIDERS

Service Providers pay Jobbie a Service Fee (as defined in this Section 5.1) for the use of the Site Services. Jobbie charges service fees to Service Providers, for using the Site’s job sourcing, review and rating, communication, dispute resolution services. The Service Fees (to use the Site Services ) are paid solely by Service Provider.

5.2 MEMBERSHIP FEES

Service Providers pay Jobbie a membership fee if they subscribe for a paid membership to access additional features and Site Services. Service Providers may subscribe to different levels of participation and privileges on the Site, where available, by payment of subscription fees.

5.3 GST AND OTHER TAXES

Jobbie does not process or participate in the processing of payments between Customers and Service Providers. Service Providers are solely responsible for collecting and remitting GST and other taxes if they are required by Canadian law to do so.

5.6 NO FEE FOR INTRODUCING OR FOR FINDING PROJECTS

Jobbie does not introduce Customers to Service Providers and does not help Service Providers secure Projects. Jobbie merely makes the Site and Site Services available to enable Service Providers to do so themselves and may from time to time highlight Projects that may be of interest. Therefore, Jobbie does not charge a fee when a Service Provider finds a suitable Customer or finds a Project. In addition, Jobbie does not charge any fee or dues for posting public feedback and composite or compiled feedback, including Composite Information.

  1. PAYMENT TERMS

Section 6 discusses the fees involved in using Jobbie.ca, what happens if a Customer doesn’t pay, and related topics, as detailed below.

6.1 CUSTOMER ACCOUNTS

There is no fee to join or use Jobbie.ca as a customer, or to post projects, communicate with service providers, award jobs or provide feedback. We do charge a fee for urgent projects, featured projects, projects requiring an NDA and under certain other circumstances, but using these services is entirely optional, and is not required in order to use this site.

6.2 CUSTOMER PAYMENTS ON SERVICE CONTRACTS

Customers and Service providers may agree to hourly or fixed price terms for their contract, however, all payments are handled between the Customer and Service Provider outside of this platform. We do not collect or process any payments.

 

In the event that a customer does not pay for a service that has been provided, the Service Provider may provide Jobbie.ca with credible evidence of non payment, after which Jobbie.ca may, at our sole discretion, contact the Customer on their behalf, and or suspend or terminate the User account for that Customer.

 

We may similarly choose to suspend or terminate Service Provider accounts where Customers have paid for services that were not provided. However, we strongly advise all Customers not to pay for work or milestones until the milestone or project is completed as agreed.

6.3 PAYMENT METHODS

Jobbie.ca processes all payments using PayPal, which is a third party payment processor. Users of this site may use their PayPal account or a debit or credit card to make payments to this site.

All payments to this site are for digital services, and are deemed to be provided on accessing this site. Therefore no payments to Jobbie.ca will be refunded.

6.4 CURRENCY

Jobbie.ca is a Canadian website, and all payments are levied and to be paid in Canadian Dollars.

  1. RECORDS OF COMPLIANCE

Section 7 discusses your agreement to make and keep all required records, as detailed below.

Users will each (a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to Jobbie upon request. Nothing in this subsection requires or will be construed as requiring Jobbie to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are solely responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Jobbie’s part to store, backup, retain, or grant access to any information or data for any period.

  1. WARRANTY DISCLAIMER

Section 8 discusses your agreement and understanding that the Site and Site Services  may not always be available or work perfectly, as detailed below.

YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. JOBBIE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBBIE DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 14 (TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST JOBBIE WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.

  1. LIMITATION OF LIABILITY

Section 9 discusses your agreement that Jobbie usually will not have to pay you damages relating to your use of the Site and Site Services  and, if it is, at most it will be required to pay you $2,500, as detailed below.

Jobbie is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:

  • your use of or your inability to use our Site or Site Services ;
  • delays or disruptions in our Site or Site Services ;
  • viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services ;
  • glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services ;
  • damage to your hardware device from the use of the Site or Site Services ;
  • the content, actions, or inactions of third parties’ use of the Site or Site Services ;
  • a suspension or other action taken with respect to your Account;
  • your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

ADDITIONALLY, IN NO EVENT WILL JOBBIE, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF JOBBIE, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY JOBBIE WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CUSTOMER OR SERVICE PROVIDER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. RELEASE

Section 10 discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below.

In addition to the recognition that Jobbie is not a party to any contract between Users, you hereby release Jobbie, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided to Customer by a Service Provider and requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users are discussed in the Escrow Instructions.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

This release will not apply to a claim that Jobbie failed to meet our obligations under the Terms of Service.

  1. INDEMNIFICATION

Section 11 discusses your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use of the Site or Site Services  or your illegal or harmful conduct, as detailed below.

You will indemnify, defend, and hold harmless Jobbie, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Site and the Site Services  by you or your agents, including any payment obligations or default, incurred through use of the Site Services ; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Service Provider as an independent contractor; the classification of Jobbie as an employer or joint employer of Service Provider; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 12, your agents includes any person who has apparent authority to access or use your account demonstrated by using your username and password.

Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.

Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

  1. AGREEMENT TERM AND TERMINATION

Section 12 discusses your and Jobbie’s agreement about when and how long this Agreement will last, when and how either you or Jobbie can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.

12.1 TERMINATION

Unless both you and Jobbie expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to This email address is being protected from spambots. You need JavaScript enabled to view it.. In the event you properly terminate this Agreement, your right to use the Site and Site Services  is automatically revoked, and your Account will be closed. Jobbie is not a party to any Service Contract between Users. Consequently, User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users. If you attempt to terminate this Agreement while having one or more open Projects, you agree (a) you hereby instruct Jobbie to close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site; (c) Jobbie will continue to perform those Site Services  necessary to complete any open Project or related transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to Jobbie for any Site Services  or such other amounts owed under the Terms of Service and to any Service Providers for any Service Provider Services .

Without limiting Jobbie’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Site or Site Services , deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services  to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Jobbie or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Jobbie’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: IF JOBBIE DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, JOBBIE HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT JOBBIE WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.

12.2 ACCOUNT DATA ON CLOSURE

Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and that that any closure of your Account may involve deletion of any content stored in your Account for which Jobbie will have no liability whatsoever. Jobbie, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.

12.3 SURVIVAL

After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or Jobbie from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

  1. CHOICE OF LAW

These Site Terms of Use, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the Province of Alberta, provided, however, that any Claims made by any Service Provider located within Canada will be governed by the law of the state in which such Service Provider resides.

  1. GENERAL

Section 14 discusses additional terms of the agreement between you and Jobbie, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Site from certain locations, as detailed below.

14.1 ENTIRE AGREEMENT

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Jobbie relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though Jobbie drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Jobbie because of the authorship of any provision of the Terms of Service.

14.2 MODIFICATIONS; WAIVER

No modification or amendment to the Terms of Service will be binding upon Jobbie unless in a written instrument signed by a duly authorized representative of Jobbie or posted on the Site by Jobbie. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

14.3 ASSIGNABILITY

User may not assign the Terms of Service, or any of its rights or obligations hereunder, without Jobbie’s prior written consent in the form of a written instrument signed by a duly authorized representative of Jobbie. Jobbie may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

14.4 SEVERABILITY

If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

14.5 FORCE MAJEURE

The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.

14.6 PREVAILING LANGUAGE AND LOCATION

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the Canada.

 

14.7 ACCESS OF THE SITE OUTSIDE CANADA

 

Jobbie.ca is not intended to be used by Customers or Service Providers outside of Canada.

14.8 CONSENT TO USE ELECTRONIC RECORDS

In connection with the Site Terms of Use, you may be entitled to receive certain records from Jobbie or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services , you give us permission to provide these records to you electronically instead of in paper form.

  1. DEFINITIONS

Section 15 gives you some definitions of capitalized terms that appear in the Terms of Service but other capitalized terms are defined above, which you can tell because the term is put in quotation marks and bold font.

Capitalized terms not defined below or above have the meanings described in the Site Terms of Use or elsewhere in the Terms of Service.

Confidential Information” means any material or information provided to, or created by, a User to evaluate a Project or the suitability of another User for the Project, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that is known to the public or that: (a) is generally known by third parties as a result of no act or omission of Service Provider or Customer; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

 “Fixed-Price Contract” means a Service Contract for which Customer is charged a fixed fee agreed between a Customer and a Service Provider, prior to the commencement of a Service Contract, for the completion of all Services contracted by Customer for such Service Contract.

 “Service Provider Services ” means all services performed for or delivered to Customers by Service Providers.

Hourly Contract” means a Service Contract for which Customer is charged based on the hourly rate charged by Service Provider.

Hourly Invoice” means the report of hours invoiced for a stated period by a Service Provider for Services performed for a Customer.

The term “including” as used herein means including without limitation.

Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Payment Method” means a valid credit card issued by a bank acceptable to Jobbie, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Jobbie may accept from time to time in our sole discretion.

Project” means an engagement for Services that a Service Provider provides to a Customer under a Service Contract on the Site.

 “Service Contract” means, as applicable, (a) the contractual provisions between a Customer and a Service Provider governing the Services to be performed by a Service Provider for Customer for a Project; (b) a Direct Contract as defined in the Jobbie Direct Contract Terms; or (c) if you use Jobbie Payroll, the contractual provisions between Service Provider and the Staffing Provider for the provision of services to Customer, if any.

Substantial Change” means a change to the terms of the Terms of Service that reduces your

Work Product” means any tangible or intangible results or deliverables that Service Provider agrees to create for, or actually delivers to, Customer as a result of performing the Service Provider Services , including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.