USER AGREEMENT
WELCOME
Welcome to JobzBay. The following User Agreement, which includes the Site Policies, are a contractual agreement between you and JobzBay (including our subsidiaries). The User Agreement together with the Site Policies are collectively referred to as the “Agreement” and as the “User Agreement.”
Before you may become a member of JobzBay, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some JobzBay-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and sub domains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and JobzBay.
We suggest that you consult the User Agreement and the linked information regularly for updates. We reserve the right to revise the User Agreement and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
ABOUT JOBZBAY
JobzBay makes the Site available as an online venue where Buyers and Service Providers (as such terms are defined below) locate and collaborate with each other and take advantage of the following services (collectively, the “Services”):
Connection Services. The Site is a venue where: (1) Buyers post job descriptions ("Jobs") to receive proposals or conduct searches and locate, connect with, choose, and engage Service Providers for Jobs directly; and (2) Service Providers advertise their capabilities, bid on Jobs, respond to inquiries, and locate, connect with and engage to provide their Services directly to Buyers. In providing the Connection Services, JobzBay does NOT source or deliver Jobs. JobzBay only provides the venue for Buyers and Service Providers to find and contract with each other for Jobs. See the Site Policies for further descriptions of Connection Services.
Transaction Services. The Site is also a venue where JobzBay provides to Buyers and Service Providers certain collaboration, feedback, and billing and payment tools, dispute resolution process and dispute assistance, escrow, and other Services (collectively, “Transaction Services”). Transaction Services does not mean Connection Services.
MEMBER ELIGIBILITY
Our Services are available only to legal entities and individuals who can form legally binding contracts. To register for an Account with JobzBay and become a Member, you must accept all of the terms and conditions in, and linked to, the User Agreement. JobzBay reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.
While using JobzBay, you will not:
- post, list or upload content or items in an inappropriate category or areas on our sites;
- breach any laws, offer services or jobs which are illegal.
- breach our policies.
- fail to deliver payment for work purchased by you, unless the service provider has not completed the work as described.
- fail to carry out work that has been bid for and won by you, unless the job specification has been changed
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to JobzBay;
- post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-JobzBay sites or for using it for purposes unrelated to JobzBay);
- transfer your JobzBay account (including feedback) and user ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm JobzBay, or the interests or property of JobzBay users;
- copy, modify, or distribute content from our sites and JobzBay's copyrights and trademarks; or
- Harvest or otherwise collect information about users, including email addresses, without their consent.
If you are registering with JobzBay as a business entity, you represent that you have the authority to legally bind that entity.
YOUR ACCOUNT
To become a Member and use the services available from the Site you must register for an "Account". You must provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its truth, accuracy and completeness. You must safeguard the Member ID and password you use to access this Site.
FEES
You agree to pay all fees applicable to your use of the JobzBay Services, and you agree not to circumvent JobzBay’s fee structure, all in accordance with the Site Policies and the Billing and Payment Service Terms and Conditions.
LEGAL RELATIONSHIPS
JobzBay Provides the Venue
JobzBay makes the Site available as an online venue where Buyers and Service Providers locate and connect with each other and take advantage of the Services. JobzBay is not involved in the dealing and contracting between Buyers and Service Providers, or in the Service Providers’ delivery of Provider Services to Buyers. JobzBay has no control over and does not guarantee the quality, safety or legality of
Provider Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Service Providers to deliver Provider Services, the ability of Buyers to pay for Provider Services, or that a Buyer or Service Provider can or will actually complete a transaction.
Performance of Member Contracts
Upon acceptance of a bid, the Buyer agrees to purchase, and the Service Provider agrees to deliver, the Provider Services in accordance with the bid, the User Agreement, and any other contract uploaded to the Site by the parties (collectively, the “Member Contract”). You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a Member Contract in conflict with the User Agreement is void. The Buyer and Service Provider each covenants and agrees to act with good faith and fair dealing in performance of the Member Contract. Furthermore, the Buyer and Service Provider each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of the foregoing covenants and agreements. The Buyer and the Service Provider therefore agree that JobzBay has the right to take such actions with respect to the Member Contract, including without limitation suspension, termination, or legal actions, as JobzBay in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
Jobs
By registering as a Member, you acknowledge and agree that whenever you use our Connection Services you locate, choose, connect with and engage directly other Members of the Site to receive or deliver Jobs in accordance with the User Agreement. JobzBay is not involved in the dealing or contracting between Buyers and Service Providers for Jobs, or in the Service Providers’ delivery of Jobs to Buyers. JobzBay is not a party to any contract for any purchase and sale of Jobs or any other Provider Services on the Site. All rights and obligations for the purchase and sale of any Jobs are solely between Buyers and Service Providers. Each Buyer and Service Provider must look solely to the other for enforcement and performance of all the rights and obligations arising from Jobs in accordance with the User Agreement and any other terms, conditions, representations, or warranties associated with such dealings.
Taxes, Reporting and Legal Responsibilities
Each Member is solely responsible for satisfying any income tax, VAT, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
Third Party Content, Verification and Monitoring
JobzBay makes available to Members on the Site various Services provided by third parties to verify a Member’s identity or credentials (“Verification Service Providers”) or provide testing services (“Testing Service Providers”). JobzBay has no editorial control over such content. JobzBay is not responsible for and does not monitor content for accuracy or reliability. Any opinions, advice, statements, Services, offers or other information or content express or made available by third parties, including information providers,
Testing Service Providers, Members and Verification Service Providers, are those of the respective author(s) or distributor(s) and not of JobzBay. JobzBay neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorised JobzBay employees acting in their official capacities. JobzBay does not confirm or verify if a Service Provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested.
No Agency
The User Agreement and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and JobzBay, except and solely to the extent expressly stated.
Data
You are responsible for creation, storage, and backup of your business records. The User Agreement and any registration for or subsequent use of this Site will not be construed as creating any responsibility on JobzBay’s part to store, backup, retain, or grant access to any information or data for any period.
WARRANTY DISCLAIMER
THE SERVICES PROVIDED BY JOBZBAY OR ANY OF OUR SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) £100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES
TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.
RELEASE
If you have a dispute with another Member, you release JobzBay (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 such dispute. You hereby waive 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 favour at the time of executing the release, whichif known by him must have materially affected his settlement with the debtor.”
INDEMNITY
You agree to defend, hold harmless and indemnify JobzBay from and against any and all losses, costs, expenses, damages or other liabilities incurred by JobzBay from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against JobzBay: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Service Provider; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Service Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defence or settlement thereof; and (c) allowing you to control such defence or settlement. We shall be entitled to participate in such defence through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
INTELLECTUAL PROPERTY
License and Site Access
Subject to and conditioned on compliance with the User Agreement, JobzBay grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorised from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of JobzBay or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by JobzBay.
Reservation of Rights; Limited Licenses
JobzBay retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The JobzBay logo and name are trademarks of JobzBay, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in the User Agreement confers any license under any of JobzBay’s or any third party’s intellectual property rights, whether by implication or otherwise.
CUSTOMER SERVICE
If you have any questions, suggestions, reports of problems or complaints regarding any JobzBay Services, your use of the Site, the conduct of or purchase, sale, delivery, or payment of or for Services by or from any Member, please contact customerservice@jobzbay.com
NOTICES AND COMMUNICATIONS
We shall send notices to you by email to the email address you provide to eBay during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
GOVERNING LAW AND DISPUTE RESOLUTION
This User Agreement shall be governed by and construed in accordance with English law. You and JobzBay both agree to submit to the non-exclusive jurisdiction of the English Courts.
If a dispute arises between you and JobzBay, we strongly encourage you to first seek a resolution by contacting JobzBay Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
TERMINATION AND SUSPENSION
This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by JobzBay or you as provided for under the terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) JobzBay shall continue to perform those JobzBay Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay JobzBay and any Service Providers for any Services for which you have engaged from JobzBay or such Service Providers in order to complete any such transactions.
Without limiting JobzBay’s other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration or a Job, and refuse to provide any or all Services to you if: (a) you breach any terms and conditions of the User Agreement or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for JobzBay or are contrary to the interests of the Site or the JobzBay user community. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or reregister under a new Account.
Without limiting JobzBay’s other remedies, to the extent you engage in actions or activities which circumvent the JobzBay Site or otherwise reduce fees owed JobzBay under the User Agreement, you will pay JobzBay for all fees owed to JobzBay and reimburse JobzBay for all losses and costs (including any and all JobzBay employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
When your membership is terminated, you may no longer have access to data, messages, files and other
material you keep on the Site. The material may be deleted along with all your previous posts and bids.
The provisions entitled “Warranty Disclaimer,” “Limitation of Liability,” “Release,” “Indemnity,” “Intellectual Property,” “Notices and Communications,” “Governing Law and dispute resolution,” “General,” “Audit Provisions and Maintaining Records” and “Billing and Payment Services” will survive termination of this Agreement.
NOTIFICATION OF JOBZBAY MEMBERS
You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of Member registration status to all Members, including both yourself and other Members who are participating in Jobs with you. You therefore agree as follows: IN THE EVENT JOBZBAY SUSPENDS OR TERMINATES YOUR REGISTRATION, JOBZBAY WILL HAVE THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE JOBS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED REGISTRATION STATUS AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.
CERTAIN DEFINED TERMS
As used throughout the Agreement:
“Account” means the JobzBay Account you open when you register to become a Member and use the Services.
“Buyer” means a Member that investigates and purchases Provider Services.
“JobzBay Services” means any of the above Services that are delivered by JobzBay.
“Member” means a person or legal entity that registers for an Account.
“Service Provider” means a Member that offers and delivers Provider Services.
“Provider Services” means all Jobs and any other Services delivered by Service Providers.
“User” means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member that is a company or organization.
“Visitor” means a person who is only visiting the Site, not a Member or User.
“you” means a Visitor or Member accessing the Site or using the Services on his or her own behalf; or, if the Services are used on behalf of a company or organisation, “you” means the Member for which the Services are used and the User who accesses the Site on behalf of such Member (and such User represents that he or she has the authority to do so on the Member’s behalf).
GENERAL
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. JobzBay will not be considered to have modified or waived any of our rights or remedies under the User Agreement unless the modification or waiver is in writing and signed by an authorised representative of JobzBay. No delay or omission by JobzBay in exercising its rights or remedies will impair its rights or be construed as a waiver.
Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the User Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will
not transfer, assign or delegate your rights or obligations (including your Account) under the Terms of Service to anyone without the express written permission of JobzBay, and any attempt to do so will be null and void. JobzBay may assign this Agreement in its discretion.
Except for the payment of fees to JobzBay, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labour 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. The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in the User Agreement are included for ease of reference only and have no binding effect. The User Agreement and all documents referenced in the User Agreement (including the Site Policies listed and available by hyperlink below) comprise the entire agreement between you and JobzBay with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.
Site Policies
The Agreement hereby incorporates all terms and conditions, rules, policies, and guidelines on the Site,
including:
Billing and Payment Service Terms and Conditions
Privacy Policy
Registration Information
Safeguarding Your Password
Posting Information or Content
User Obligations
Posting Jobs
Communication
Rating and Feedback System
Providing Services
Service Provider Membership Fees
Service Provider Service Fees
Enforcement of Site Policies
Dispute Resolution Process
Referral Program
Contacting Customer Service
BILLING AND PAYMENT SERVICE TERMS AND CONDITIONS
Payment Service Use
To pay for Services using the Payment Service, you must be a Member that holds a valid credit card issued by a bank acceptable to JobzBay or a Member that holds a Verified PayPal account.
Accounts
Funds in an Account may be used to pay Service Providers, to pay Job posting fees, membership fees, service fees, connect fees, and wire transfer fees.
A Buyer may add funds to its Account by any of the methods available on the Site. The Buyer must reasonably intend that such amounts will be used to pay JobzBay or Service Providers for Services purchased through the Site.
A Service Provider may add to its Account by directing that Buyers’ payments for Services purchased on
the Site and received through the Payment Service be added to their Account, or by any of the methods available on the Site. In the case of methods other than receiving Buyers’ payments for Services purchased on the Site, the Service Provider must reasonably intend that such amounts will be used to pay membership fees, service fees, connect fees, or wire transfer fees as provided in the User Agreement.
Legal Relationships
JobzBay provides the Payment Service and requires you to use it to make all payments to JobzBay, and to request and make payments to and accept payments from other Members, for the purchase and sale of Services through the Site. Solely for purposes of the Payment Service, and not for any other Services available through the Site, JobzBay acts as your agent based upon your direction and your requirements to operating accounts, and will not voluntarily make your funds available to its creditors in the event of a bankruptcy or for any other purpose.
As a Buyer, you agree not to pay invoices for Provider Services unless the invoices are originated from the JobzBay Payment Service, and as a Buyer you acknowledge that you are not obligated to pay invoices unless the invoices are originated from the JobzBay Payment Service. As a Service Provider, you agree to send Buyers invoices for Provider Services only through requests for payment on the JobzBay Payment Service, and you agree to use this system for all JobzBay-originated business, whether first-time, repeat or follow-on. As a Service Provider, you agree that a Buyer is not obligated to pay invoices for Provider Services unless you originated the request for payment through the JobzBay Payment Service. You acknowledge that: (1) JobzBay is not a bank and the Payment Service is a payment service rather than a banking service; and (2) JobzBay is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) JOBZBAY IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. In addition, your Account will not constitute an escrow.
By initiating invoices and sending payments through the Payment Service or adding funds to your Account, you appoint JobzBay as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this Agreement. Each Service Provider must properly discharge and credit Buyers for all payments JobzBay receives through the Payment Service from such Buyers.
Payment Service Provider
JobzBay acts as a payment service provider by creating, hosting, maintaining, and providing the Payment
Service to you via the Internet. JobzBay does not have any control over the Provider Services purchased or sold with the Payment Service, nor whether a Buyer or Service Provider you are dealing with will actually complete the transaction. Nothing in the Payment Service will be deemed to constitute JobzBay your agent with respect to any Provider Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in the User Agreement.
Interest
You agree that you will not receive interest or other earnings on the funds in your Account or that JobzBay otherwise handles as your agent. JobzBay may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking Services or other compensation in respect of any balances in Accounts.
Authorised Payments are Final
Your use of the Payment Service constitutes your agreement to pay for any amounts which you authorise
us to charge against your Account and, as appropriate, your credit card, bank account, or PayPal. Such
payments, once authorised, ARE FINAL.
Charge-backs
JobzBay reserves the right to seek reimbursement from you as a Service Provider, and you will reimburse
JobzBay, if JobzBay discovers erroneous or duplicate transactions, or JobzBay receives a charge-back from any Buyer's credit card company, bank, or PayPal for any reason. JobzBay may obtain such reimbursement by charging the applicable Service Provider's Account, deducting amounts from future payments owed to the Service Provider, charging such Service Provider's credit card, or obtaining reimbursement from such Service Provider by any other lawful means. Failure to pay for reimbursements
of charge-backs is cause for termination of Services.
Withdrawal of Funds
To withdraw funds from your Account, you must request such funds using any of the withdrawal methods
available on the Site. Any such requests shall be subject to the conditions and restrictions contained on the Site and in the User Agreement. Notwithstanding any other provision of the User Agreement, if JobzBay determines in its sole discretion that a Member has violated the conditions and restrictions of the
Site or User Agreement, JobzBay will have the right to refuse to process the withdrawal.
Hold on Account Funds
JobzBay will make funds deposited in your Account generally available for you to use or withdraw. JobzBay reserves the right, at its sole discretion, to place a hold on funds for Buyer payments to clear, or if JobzBay suspects monies may be subject to charge back or if fraud is suspected. JobzBay will release a hold as soon as practical.
Agreement to Pay
If, for any reason, JobzBay does not receive payment for any amounts that you have authorised to be paid through your use of the Payment Service or other JobzBay Services, you agree to pay such amount immediately upon demand by JobzBay. You also agree to pay any interest charges, legal fees and other costs of collection incurred by JobzBay in collecting from you the authorised but unpaid amount. In such case, JobzBay may, at its option, stop processing any further payments made by you and apply any amounts then held by JobzBay on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service or other JobzBay Service. We may also make appropriate reports to credit reporting agencies, financial institutions, government and legal authorities, and cooperate with them in any resulting investigation or prosecution.
Disputes Between Buyers and Service Providers
Any disputes in connection with Services provided by Service Providers or payments made by Buyers remain between such Buyers and Service Providers. By using the Payment Service, you agree to follow the Dispute Resolution Process. You further acknowledge that JobzBay will not be a party to any such dispute. JobzBay will attempt to take the actions set forth in the Dispute Resolution Policy, but JobzBay will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute. JobzBay may, at its sole discretion, and in the case of Escrow Jobs may be required to, withhold or delay payment or continue to hold amounts in Escrow or make payment or release amounts in
Escrow, in the event of dispute between a Buyer and a Service Provider.
Reservation of Rights
JobzBay reserves the right to seek reimbursement from any Service Provider and Service Provider will reimburse JobzBay if JobzBay discovers erroneous or duplicate transactions or receives a charge-back from any Buyer's credit card company, bank, or PayPal for the amount of such Buyer's purchase from such Service Provider. JobzBay may obtain such reimbursement by deducting from future payments owed to such Service Provider, by reversing any credits to such Service Provider's bank account, by charging such Service Provider's credit card, or by seeking reimbursement from such Service Provider by any other lawful means.
Questions
If you have any questions, suggestions or reports of problems regarding the Payment Service, please
contact customerservices@jobzbay.com
PRIVACY POLICY
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United Kingdom that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your Information being transferred or used in this way please do not use our services.
REGISTRATION INFORMATION
You agree to provide true, accurate and complete information as prompted by the Registration form, and
to update this information to maintain its truthfulness, accuracy and completeness. JobzBay may suspend
or terminate your Account if information you provide is not complete or accurate.
SAFEGUARDING YOUR PASSWORD
You agree to safeguard the User ID and password you use to access this Site. You authorise us to assume that any person using the Site with your User ID and password either is you or is authorised to act for you. Furthermore your JobzBay Account (including feedback) and User ID may not be transferred or sold to another party.
POSTING INFORMATION OR CONTENT
You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Services, bidding on a posted Job, posting your profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Buyers, Service Providers, JobzBay or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Buyers, Service Providers, JobzBay or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the JobzBay Site. JobzBay is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. JobzBay is not responsible for and does not monitor or censor content for accuracy or reliability. JobzBay reserves the right to remove or restrict access to any information, content or job posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if JobzBay considers such information or content to be in violation of the User Agreement. You agree NOT to do any of the following on the Site:
• Post any job, submit any bid or proposal, or otherwise use JobzBay to transmit any content or
conduct any transaction that would violate any applicable law or regulation in the United Kingdom and any other country.
• Post any Jobs that are fake, posted without the intention to award or complete the job or posted only to receive pricing information.
• Post any Jobs that offer commission or equity compensation.
• Post any Jobs that request free Services unless the Buyer registered charity.
• Post any job, bid, proposal, deliverable or transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party’s Web site or copyrighted materials or such third party’s rights of publicity or privacy.
• Post any job, bid, proposal, deliverable or transmit any content related to or containing any adult or sexually explicit material.
• Post Jobs related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
• Post advertisements, solicitations or offers of full-time employment.
• Post false or misleading information about a product, service or service request.
• Post logos, seals or slogans from third parties on the Site unless such material is provided by JobzBay or an JobzBay partner, or you have received express written permission from JobzBay to display such third-party logo, seal or slogan.
• Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
• Post or transmit unprofessional or offensive comments about a User, Member, Service Provider, Buyer, JobzBay or any third party.
• Post any job, submit any bid or proposal that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work; for example by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
• Suggest or solicit another User to contact you directly in order to buy or sell Services outside of JobzBay.
• Access, tamper with or use non-public or non-authorised areas of the Site. Unauthorised individuals attempting to access these areas of the Site may be subject to prosecution.
• Tamper with postings of other Users, Members or JobzBay.
• Solicit or gather any User's or Member’s information available from the Site, such as other Usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
• Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
• Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from JobzBay.
• Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as “viruses” or “worms”); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (sometimes referred to as “time bombs,” “time locks” or “drop dead” devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as “traps,” “access codes,” or “trap door” devices, or “spyware”); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
• Post Jobs that violate the Terms and Conditions of other companies.
• Frame or link to the Site except as permitted in writing by JobzBay.
• Impersonate or misrepresent your affiliation with any person or entity.
• Require or request that a Service Provider deliver a free mock-up or proof of concept as part of a proposal submission or as a condition to consideration of a proposal.
• Repeat any action after you receive warning or request to desist from JobzBay, whether or not that action is explicitly prohibited in the policies stated on the Site.
• Fail to respond to an email from JobzBay regarding violation, dispute or complaint within two business days.
• Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.
• Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
• Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from JobzBay.
• Select a Buyer or Service Provider on the basis of religion, sex or race.
• Violate a request by JobzBay to not post Jobs deemed by JobzBay in its sole discretion to be contrary to the interests of the Site or the JobzBay User community.
• Violate any other policies stated on the Site.
Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to JobzBay or other Users or Members. If you are aware of a potential violation, please contact customerservices@jobzbay.com. In order to operate the Site, JobzBay must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such Content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
USER OBLIGATIONS
You agree to: (a) abide by the User Agreement and the processes and procedures described throughout the Site; (b) be financially responsible for your use of JobzBay and the purchase or delivery of Services;
and (c) perform your obligations and complete the transaction as specified by the terms of your job or order, your bid or proposal or your agreed business terms, whichever is more recent, unless such transaction is prohibited by law or by the User Agreement. Upon acceptance of a bid proposal, you agree to purchase the Services if you are a Buyer, or provide the Services if you are a Service Provider, in accordance with the terms agreed to by the parties, subject to any mutually agreed increase or decrease in job scope. If the scope of the Services to be provided increases beyond the initial scope on the date of acceptance and the billings for the job are larger than initially reported, you agree to report the higher amount through the JobzBay Payment Service and understand that the service fee JobzBay charges to the Service Provider will increase proportionally. As a Buyer, you agree not to pay invoices unless they are originated from the JobzBay Payment Service. As a Buyer you also understand that you are not obligated to pay invoices unless they are originated from the JobzBay Payment Service. As a Service Provider, you agree to send Buyers invoices only through the JobzBay Payment Service, and agree to use this system for all JobzBay-originated business, whether first-time, repeat or follow-on. You understand that for our purposes a Buyer is not obligated to pay invoices unless they are originated through the JobzBay Payment Service.
COMMUNICATION
JobzBay encourages open, complete and professional communication between Buyers and Service Providers. Buyers and Service Providers can use MyJobzBay, the Private Message Boards (“PMB”), as well as email and telephone to clarify job descriptions, scope or any specific requirements. Open communication helps Service Providers develop relevant proposals and Buyers make informed award decisions. You are required to use MyJobzBay to manage Jobs and are required to use the JobzBay Private Message Board (“PMB”) to maintain an electronic record of all written communication including clarifications and agreements around scope, deliverables, milestones, timeframes, price, feedback on deliverables, requests for revisions, acceptance of deliverables and completion of milestones. Also, transcribe relevant emails, instant messages, telephone or in-person conversations between the Buyer and the Service Provider on the PMB to maintain a record of what is agreed. In the event of a dispute, all written communication on JobzBay, including job posting, proposals and bids, business terms and PMB communication will serve as the record for resolution of the dispute. A communication that is not referenced on the PMB cannot be submitted as evidence in non-judicial dispute resolution after a dispute is reported.
• Please note: JobzBay provides the PMB and profile CONTACT INFORMATION section for you to enter your email address, telephone number and instant message IDs. You may not enter your contact information in your bid comments, job descriptions or other sections of your profile outside of the CONTACT INFORMATION section.
RATING AND FEEDBACK SYSTEM
You acknowledge and agree that the Site will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that JobzBay may calculate a composite feedback number based on these individual ratings. Service Providers agree to be rated by Buyers along several criteria, as determined by JobzBay.
JobzBay provides its feedback and rating system as a means through which Users can express their opinions publicly, and JobzBay does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to JobzBay’s attention. You may be held legally responsible for damages suffered by other JobzBay Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. JobzBay is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
• Leaving fake feedback for yourself or another User or Member such as using a secondary Username or other JobzBay members to artificially raise the level of your own feedback or create negative feedback for another User or Member.
• Feedback threats such as demanding another User or Member to perform a task by threatening to leave negative feedback or withholding deliverables or funds until another User or Member agrees to leave positive feedback or no feedback.
• Feedback solicitation such as offering to sell or buy Services in exchange for good feedback, trading feedback undeservedly or buying feedback.
In order to protect the integrity of the feedback system and protect Users from abuse, JobzBay will consider removing feedback under the following scenarios:
• Feedback or information posted seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non-JobzBay related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
• Feedback or information posted contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
• Feedback or information posted is shown to have been left by any User who is in violation of JobzBay’s Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
• Feedback or information posted is not directly related to transactions conducted through JobzBay.
• Feedback or information posted makes any reference to actions taken or purported to be taken by JobzBay or any government organisation.
• When JobzBay is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libellous, defamatory or otherwise illegal.
• The User who left feedback provided JobzBay with false contact information during the transaction period (as verified by JobzBay) and cannot be contacted by JobzBay.
• The User who left feedback is participating in a JobzBay transaction with the intent of leaving feedback as part of a campaign to harass JobzBay member(s) (as verified by JobzBay).
• Negative feedback that was intended for another User only when the User responsible for the mistaken feedback contacts JobzBay and places the same feedback for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Service to file a feedback review request.
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Circumvention of Service Fees
You agree not to engage in any action or activity meant to circumvent the service fees. Prohibited practices include (but are not limited to) the following:
• Placing low value or placeholder bids, with unreasonably high final service charges.
• Failing to report changed bid amounts or final service prices through the JobzBay Payment Service.
• Suggesting or soliciting Buyers to hire you outside the JobzBay system.
• Submitting bids or proposals for a job posted on the Site outside of the JobzBay system.
• Reporting on the Site a job amount different than that agreed between Buyer and Service Provider.
Audit Provisions and Record Keeping
For a period of one year after accepting each job, you agree to keep and maintain complete and accurate records related to the Services provided on JobzBay, including the service description, the bid and payment terms, and information on all repeat or follow-on Services performed for each Buyer originated on JobzBay. In the event of questions regarding Services rendered, work performed or fees due to JobzBay, upon 30 days written notice and request from JobzBay, you agree to provide copies of these records and other relevant documentation.
ENFORCEMENT OF USER AGREEMENT
We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with
the letter or spirit of the User Agreement, or violated our rights or those of another party. Without limiting
JobzBay's other remedies, we will suspend or terminate your Member Account and refuse to provide any
Services to you if: (a) you breach any terms and conditions of the User Agreement and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for JobzBay. Once suspended or terminated, you may not continue to use the JobzBay service under a different Account or re-register under a new Account. In addition, violations of the User Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site or otherwise reduces service fees owed JobzBay under the User Agreement, that User or Member will be liable to JobzBay for the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of JobzBay membership. JobzBay reserves the right to terminate any User or job for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be cancelled if the law requires such notification. When your membership is cancelled, you may no longer have access to data, messages, files and other material you keep on the Site.
DISPUTE RESOLUTION PROCESS
How to Avoid Disputes
About one percent of all Jobs on JobzBay result in a dispute. Disputes often arise due to miscommunication and can often be resolved amicably between the parties. JobzBay recommends the following steps to avoid disputes:
• Post Jobs with clear scope, well-defined deliverables and required time frames.
• Answer clarifying questions from Service Providers and update the job description.
• Evaluate multiple proposals against criteria important to you, such as a Service Provider’s work experience, education, portfolio, certifications, references, feedback from prior Buyers, location, communication style and cost.
• Accept a proposal only when it has a clear statement of work, well-defined deliverables and milestones, precise time frames and payment terms.
• Ask for full contact information, for example email, telephone, and address information, of the other party once a bid proposal has been selected.
• Ask for the Service Provider’s working hours and standard response times.
• Maintain open lines of communication. Be clear about your expectations and check in frequently with the other party. Do not leave anything to assumptions.
• Once you have awarded your job, use "My Account"to manage the job and the JobzBay Private Message Board (“PMB”) to maintain an electronic record of all written communication between you and the Service Provider around scope, deliverables, milestones, time frames, price, feedback, revisions, schedule changes, vacations, availability, delays, acceptance of deliverables and completion of milestones. In the event of a dispute, all written communication on JobzBay, including job post, proposals and bids, business terms and PMB communication will serve as the statement of record.
• Document any changes to scope, timing or payment in writing and document any agreed payment schedules and milestones.
• Send/receive payment in instalments as key milestones are met. Have both parties sign off on the milestones via the Private Message Board so that a record is maintained.
• Utilise JobzBay’s Payment Service to maintain the privacy of your personal financial Account details; leverage JobzBay’s anti-fraud measures; maintain a record of all invoices and payments; and, in the event of a problem, have access to JobzBay’s Dispute Resolution process.
What if I Have a Dispute?
In the event of a dispute contact Customer Services who will guide you through the dispute resolution process.
CONTACTING CUSTOMER SERVICE
If you wish to report a violation of Site Policies, have any questions or need assistance, please contact
JobzBay Customer Service as follows:
Email: customerservices@jobzbay.com
