This User Agreement (this “Agreement”) is a contract between you (“you” or “User”)
and the Jobider online platform (“Jobider”, “we,” or “us”).
The Agreement will be referred to as the “Jobider User Agreement” from now on. Jobider is an online job bidding platform, registered in South Australia, where the practicing location is situated, as well.
In order to become a member of the Jobider Community, you must read, agree to and accept all of the terms and conditions of this Agreement. As a member, you will be able to access all the services provided by this platform.
Jobider retains the right to change the terms of this agreement, and in return announces it publicly. This notification will clearly state the exact date and the changes that we make. Should the new agreement be unsatisfactory to your rights as a user, Jobider will provide you with a notice before the changes take place.
Your continued use is considered as an acceptance of the new terms any further use of the platform after the changes are made public.
The Jobider User Agreement also includes the policies described here. These agreements can be changed by Jobider, in the same way as the present contract.
Should a disagreement occur, the terms of this Agreement will be the measure of control and decision. The capitalized terms define this status.
Your understanding of this agreement is validated simply by checking the “submit” button, and by any other use of the platform. if you agree to this contract, it is considered that you are in full knowledge of the policies included and that any action within the jobider community is subject to this agreement. should you not agree with this contract, you will be unable to use the jobider platform in its entirety.
The goal of this platform is to create an environment where Clients and Job bidders can meet and exchange online services. By providing this agreement, Jobider takes the role of a third party, which is able to mediate contracts and conflicts alike between the Clients and the Job bidders.
The mechanism of this platform is relatively simple. The clients post their job offers and invite Job bidders to consult and apply for those projects. In return, Job bidders post their work experience and project demands.
When the Client and the Job bidder agree upon a project, the platform takes pledges to create a secure environment that will allow the project to be completed. Therefore, Jobider collects the payment for the project from the Client and holds it in custody until the Job bidder has completed the work, according to the terms discussed with the client. The latter will allow the funds to either be sent to the Job Bidder or retrieved, depending on the job bidder’s overall activity.
By registering an account with Jobider, a user will be able to access the services of the platform. These services are for business purposes only. Any user who accepts or bids for a project must have the proof that either holds or represents a legal and established business.
The minimum age required for a user to register with Jobider is 18 years old.
By registering for an Account, you agree to:
(a) Respect and follow the Agreement, based on its guidelines and protocols;
(b) comply with all the financial procedures that this process includes;
(c) perform all obligations in a manner that is appropriate to the terms established by the Agreement.
Any information provided by the user that is proven to be false, inaccurate, incomplete or illegal will result in the suspension of the User from the platform, or denial of access until the matter is solved.
As a User, you agree that you are not:
(a) a citizen or resident of a geographic area where the activity performed by Jobider is considered illegal;
(b) a resident or citizen of, or located in, a geographic area that is subject to AU. or other sovereign country sanctions or embargoes;
(c) An individual, or an individual employed by or associated with an entity, identified on the AU.Department of Commerce's Denied Persons or Entity List, the AU. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the Department of State's Parties List or otherwise ineligible to receive items subject to AU. Export control laws and regulations or other economic sanction rules of any sovereign nation.
The services offered by Jobider are subject to fees applied in the intermediary procedure between the Client and the Job Bidder. The standard fee is equal to 8% of the Client’s Payments + an additional fee for disbursements.
Should the disbursement be performed through a financial third party, this party may or may not process other payments. If the disbursement is performed in a foreign currency, the conversion rate will be considered as an addition of 1.5% by the exchange vendor.
Job Bidders may subscribe to different levels of participation and privileges on the Site, within 30 days of the applicable effective date of this Section. They will be required to pay subscription fees as described here, as may be revised from time to time when Jobider deems, appropriate, and subject to the Freelancer Membership Policy.
The user is obliged to access the Jobider website only through the means put at disposal by Jobider. Any hacking actions, no matter the purpose, will be considered illegal.
The user is obliged to upload files that are strictly related to the activity of Jobider. Any action of uploading malicious, offensive or unknown types of files will be considered illegal.
The user is obliged to offer or demand only the services promoted and accepted by the Jobider platform.
The user is obliged to respect the data found on this website. Copying, re-posting, re-using or estranging material available on Jobider will be considered illegal.
The user is obliged never to use or provide software that interacts in a malicious way with the activity of the platform (ex: downloading, spamming, emailing, mobile use etc.).
In order to keep constant contact with the Jobider community, the User is required to provide accurate contact details, and he/she must inform the platform if any changes take place in this area.
For the smooth flow of communication processes and interaction on the platform, the User will need the following:
(a) a valid and accurate email address;
(b) a computer equipped with a fully working operating system, such as Windows or Mac
(c) a stable connection to the Internet;
(d) the latest versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site;
(e) a most recent Version of a program that accurately reads and displays PDF files, such as Adobe and Acrobat Reader version 7 or higher;
(f) A computer or device and an operating system capable of supporting all of the above; and
(g) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form.
It is recommended that all notifications and agreement e-mailed by Jobider be kept in electronic or printed copy for future use.
By accepting and agreeing to this Agreement electronically, you acknowledge that:
(a) you have read, understood and gave your consent to receive records and notices electronically;
(b) you have the minimum hardware and software requirements specified above;
(c) your consent will remain in effect until you decide to withdraw yourself from this agreement and the Jobider services.
By registering with Jobider, the user gives permission to the online platform to validate the Personal Information at any time. This takes place by consulting third party databases, official government documents, and other legal procedures.
These inquiries are necessary in order to make sure that the User retains full ownership of the name, personal data, and contact details. Denying access to legit information when requested is a strict violation of the current Agreement.
The user is obliged to maintain the secrecy and security of the account details, which he provides, more specifically, the username and password.
The User is the only part of this agreement, subjected to the consequences of disclosing the details of his or her account.
The Jobider Customer Support Department must be contacted as soon as the User suspects that the account details have been lost or stolen.
By registering with Jobider, the User acknowledges the fact that the security procedures installed on the platform are commercially reasonable.
The Jobider platform will disburse funds payable to Job Bidders no more than one month (30 days) after the Job Bidder Fees are due and payable from the Client. Should the amount be less than $ 50, Jobider will make the payment within four months (120 days) after the Job Bidder Fees are due and payable from the Client.
Funds become payable to Job bidders working on Fixed Price Contracts after Clients accept work submitted by a Job Bidder.
Clients are allowed to change the terms of a Fixed Price Contract until they accept work. The sums of money still owed at this time, are subject to this ability as well.
Job Bidders are allowed to ask for payment release. However, the platform maintains the right to refuse such a claim, and in case of a positive answer may ask for a processing fee in return.
All the payments negotiated in a project are to be transactions made only through the Jobider Platform.
If any of the parts solicits or proposes a payment outside the platform, he or she is immediately accused of breaching the terms of this Agreement.
If any of the parts are found to breach these guidelines, they will owe Jobider an amount with respect to each Service Contract equal to or greater than the amount of
b) the applicable fees had the payments been processed through the Jobider Platform, plus 18%.
Despite the above regulations, Users may work outside the Jobider platform if a period of three years has passed from the initial contact through the platform. If the Users commit to rendering services outside the platform, the Client can avoid a hefty payment by activating a “buy-out” clause within the contract. This is how it works:
Prior to contracting outside of Jobider to receive Services from a User identified through the Jobider system, the Client should notify Jobider in writing, regarding its intent to pay the Buy-Out fee in lieu of the Jobider Fees.
The Client will agree to a good estimate of the Buy-Out fee. Afterward, the anticipated amount to be paid to the Job Bidder for such Services during the fifty-week period immediately following the dates of such notice, will be decided consensually.
The Client agrees to pay or authorize Jobider to deduct from its account the best alternative of the following, depending on each case:
a sum consisting of as much as ten percent (10%) of the good faith estimate;
a sum consisting of as much as forty (40) times the "Average Weekly Jobider Fees" (as defined below);
five hundred dollars ($ 600).
For purposes of the foregoing, the "Average Weekly Jobider Fees" stand for the average weekly amount of Jobider fees that the job bidder worked for over the last four weeks before the buy-out notice came into discussion.
If the Client chooses not to pay the respective fees, due to a credit card cancelation or chargeback, his or her account will be suspended, and all ongoing work will be immediately halted. Jobider may also revoke the Client’s access to the Site, including Client’s ability to use the Site to process any additional payments or to obtain any additional Services.
In case of ongoing legal procedures, the Client must reimburse Jobider for amounts due up-on demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and a half percent (1.5%) per month or the maximum allowed by law, plus other costs of collection as allowed by law.
Jobider reserves its right to contact the responsible authorities and provide them with all the necessary details, should the Client try to evade the payment of fees in the terms of the current agreement.
In cases of fraud, abuse or violation of this Agreement, the Jobider Payment Guarantee shall be revoked, and all monies belonging to the Client may be held and/or reclaimed.
The Client has the right and responsibility to control and review the Work Diary and the Time log of every Job Bidder hired for a project. Should the Client find discrepancies here, he or she can file for a dispute and once this period passes, the charges accepted can no longer be disputed and can only be refunded by the Job Bidder.
Jobider reserves the right to suspend or cancel a User’s access to the Jobider Platform if there are clear acts of terms violation and actions against the Agreement policy on the User’s behalf.
Jobider reserves the right to suspend or terminate a User’s account, to reclaim any available funds, and refuse to provide any further access to the Jobider Platform if the client:
breaches any terms and conditions of this Agreement or other written policies and procedures posted on the Site;
does not provide actual and legitimate personal data for the account
Performs actions that may cause legal liability for our Users or Jobider. Once suspended or terminated the Client will not be allowed to use the Jobider Platform under a different account or register for a second time with the same details.
Should the client ignore these regulations, and register for a different account, Jobider will claim any available funds in that account and use an available payment method to pay for any outstanding amounts. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
All the areas of Jobider will be inaccessible for the client whose account has been terminated. This includes messages, files, and other materials.
Unless otherwise agreed to in writing signed by both Client and Job Bidder, the terms and conditions of the Service Contracts are as set forth in Sections 3.1 through 3.12 below ("Standard Terms"). Client and contractor may not agree to any other terms and conditions that affect the rights or responsibilities of Jobider.
The Job-bidder is obliged to perform the services on which he or she agrees to do, upon accepting a project. The contractor’s behavior and work will be professional and according to the established deadlines.
The Contractor must do so as a legally recognized entity with the ability to hire and/ or contract (an "Agency"). Job Bidder and the Agency agree and acknowledge that the Agency's employees or contract personnel are not employees of Jobider or the Client.
The Agency is solely responsible for all wages, costs, unemployment insurance, compensation insurance, and expenses of the Agency's employees or contract personnel and has the sole and exclusive right to supervise and control them.
The Agency acknowledges and agrees that neither it, nor any of its employees or agents, shall have any claim under this Agreement for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits of any kind from Jobider or the Client.
The Client is obliged to pay the agreed-upon amount for the approved project (under Fixed-Price Contracts) to Jobider. Therefore, the Client will have no obligation of direct payment to the Contractor.
The Job Bidder agrees that only Jobider will pay him or her. Therefore, the Job Bidder will not have any right to demand payment directly from the Client if Jobider does not pay the Job Bidder.
For Payments under Fixed-Price Contracts, Client will be billed immediately as both parts agree the project.
For Fixed-Price Contracts, the Client may terminate at any time but may not recover any payments already made. The Job Bidder may terminate a Fixed-Price Contract at any time if no payment has been made. If a payment has been made on a Fixed Price Contract, theJob-bidder will have to refund the paid amounts back to the Client.
Client grants the Job Bidder (freelancer) a limited, non-exclusive, revocable (at any time, at Client’s sole direction) right to use the Client Deliverables as necessary solely for the performance of the Job Bidder’s Services under the applicable Service Contract. Client reserves all other rights and interest, including all Proprietary Rights, without limitation.
Upon completion or termination of the Service Contract, or upon written request by the Client, Job Bidder shall immediately return all Client Deliverables to the Client and further agrees to destroy all the copies of Client Deliverables and Work Product contained in or on Job Bidder's premises, systems, or any other equipment otherwise under Job Bidder's control. This work is not to be used by the Job Bidder in other projects, without the Client’s written consent.
The Job Bidder is obliged to provide written certification to the Client that all Client Deliverables have been returned or purged, within ten (10) days from the Client's request.
All Intellectual Property Rights for the Work Product shall be by the Job Bidder until full payment has been made by the Client, at which time the Job Bidder will be deemed to have assigned all Property Rights for the Work Product to the Client.
For Fixed-Price Contracts, the Client has complete and sole discretion whether and how much to pay. However, if the Client does not pay in full, the Contractor may terminate the Service Contract by refunding any partial payment, and the Contractor will retain Intellectual Property Rights for the Work Product.
To the extent of the applicable law, Intellectual Property Rights cannot be assigned. Therefore, the Job Bidder is obliged to agree to grant towards the Client an exclusive, perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize the Work Product in any manner now known or in the future discovered.
To the legal extent, such license grant is not fully valid, effective or enforceable under applicable law. Therefore, the Job Bidder is obliged to agree to grant to the Client, the rights that are reasonable requests, in order to acquire, as close as possible, full legal ownership.
In order to ensure that Client will be able to acquire and use such Proprietary Rights, the Job Bidder will:
(i) transfer possession, ownership, and title to media, models, and other tangible objects containing Work Product to Client, including delivery of a complete copy of the source code for any software, documented in sufficient detail to enable a reasonably skilled programmer to correct, integrate and modify it;
(ii) sign any documents at the Client's request to assist the Client in the documentation, perfection and enforcement of its rights;
(iii) provide Client with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing such Proprietary Rights in any and all countries.
There is the case, under applicable law, where the Job Bidder retains any rights of paternity, integrity, disclosure, and withdrawal or any other rights that may be known as or referred to as "moral rights" and other inalienable rights to Work Product or Confidential Information under this Agreement.
In this case, the Job Bidder irrevocably agrees to waive all such rights, and agrees not to exercise such rights, until he or she has provided prior written notice to the Client and then only in accordance with any reasonable instructions that the Client issues in the interest of protecting its rights.
The Job Bidder's obligations under this Section 3.6 will still be applicable even after he or she deregisters from or ceases use of the Jobider Platform.
Job Bidder appoints Client as Job Bidder's attorney-in-fact to execute documents on Job Bidder's behalf for the purposes set forth in this Section 3.6.
Job Bidder shall ensure that no Work Product created or delivered includes any pre-existing software, technology or other intellectual property. These include pre-existing intellectual property that is owned by the Job Bidder or a third party including, without limitation, code written by proprietary software companies or developers in the open source community (collectively "Pre-existing IP") without obtaining the prior written consent of the Client to the inclusion of such Pre-existing IP in the Work Product.
Job Bidder acknowledges that, should this condition be overlooked, he or she will not be entitled to payment from the Client and shall refund to the Client any payments previously made. This policy is also available for any Services performed on a Service Contract if the Work Product contains any Pre-existing IP that was not approved in accordance with this Section 3.7.
Client assumes all liability for proper classification of Job Bidders (freelancers) as independent contractors or employees and engaging them accordingly based on applicable legal guidelines. This Agreement does not create a partnership or agency relationship between Client and Job Bidder.
The Job Bidder (freelancer) does not have authority to enter into written or oral - whether implied or express - contracts on behalf of the Client.
Job Bidder acknowledges that Jobider does not, in any way, supervise, direct, or control Job Bidder's (freelancer's)work or Services performed in any manner.
Jobider will not provide the Job Bidder with training or any equipment, labor or materials needed for a particular Contract.
Jobider will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Client and Job Bidder will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to contractor's performance of Services.
For Contracts classified as independent contractor relationships, Client may not require an exclusive relationship between Client and Job Bidder. A Job Bidder classified as an independent contract is free at all times to provide Services to persons or businesses other than the Client, including any competitor of Client.
Client and Job Bidder agree to indemnify, hold harmless and defend Jobider from any and all claims arising out of or related to their Service Contract, including but not limited to claims that Job Bidder was misclassified as an independent contractor.
Other conditions that are the subject of this term include any liabilities arising from a determination by a court, arbitrator, government agency or other body that Job Bidder was misclassified (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Jobider was an employer or joint employer of Job Bidder (freelancers), as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Both the Client and the Job Bidder are obliged to:
Create and maintain records that document satisfaction of their respective obligations under this Agreement and any Service Contract, including, without limitation its payment obligations and compliance with tax and employment laws;
Provide copies of such records to Jobider upon request. Jobider or Jobider’s advisors or agents, reserve the right, but not the obligation, to routinely, audit contractor's operations, and records to confirm compliance. However, this audit cannot be performed more often than on an annual basis.
None of these policies should be interpreted as providing Jobider with the right or obligation to supervise or monitor the actual Services performed by the Job Bidder.
Jobider is hereby named as a third party beneficiary of each Service Contract.
Service Contracts shall be governed by Sections 6 (Confidential Information), 11 (General), and 12 (Definitions) of this Agreement, as applicable either directly or by way of comparison.
The terms and conditions set forth in this Section 3 and any additional or different terms expressly agreed by Client and Job Bidder shall constitute the entire agreement and understanding between Client and Job Bidder with respect to each Service Contract.
The same agreement shall cancel and overrule any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between the Client and the Job Bidder.
By accepting these terms, the user acknowledges, agrees and understands that:
the Jobider Platform is a professional establishment where Users may act as Clients or Job Bidders and work together on online projects.
Jobider is not a party to any Service Contracts between Clients and Job Bidders;
Job Bidders are not employees of Jobider and that Jobider does not, in any way, supervise, direct, or control the User's work or services;
Jobider shall not have any liability or obligations under or related to Service Contracts or any acts or omissions by Users;
Jobider has no control over Job Bidders or the Services promised or rendered by Job Bidders;
Jobider does not hold any responsibility regarding the reliability, capability, or qualifications of any Job Bidder or his / her work, nor does it hold representations as to the quality, security or legality of any services provided by the Job Bidder or the client.
The Proprietary Rights of Jobider and its licensors are reserved in and to the Jobider Platform. Users are not allowed to use the Jobider Platform apart from where it is necessary for the purposes of discharging its obligation under this agreement and any service contract that is entered into in accordance with this agreement.
Jobider reserves the right to withdraw, expand or change the Jobider platform at any time and is at Jobider’s sole discretion.
The User is not entitled to create any links to the Jobider Platform or frame or mirror any content that is contained on, or is accessible from the Jobider Platform or any server or Internet-based device.
All of the Jobider Fees are non-refundable, whether or not the Service Contracts were completed satisfactorily.
A User may ask Jobider for a physical or manually signed copy of this Agreement, a Service Contract or an ancillary document, to enable the User to withdraw payments from User’s foreign bank account for instance.
Users at this moment appoint Jobider as its agent for the limited purpose of executing documents that confirm the User’s activity on the Jobider Platform.
Jobider will then act on the behalf of the User and in a clerical capacity, without restricting Jobider's rights or expanding Jobider’s obligation under this Agreement or any Service Contract in any way.
Every User will then appoint Jobider to act as its agent in the execution of an Act of acceptance or an equivalent, on the user’s behalf for the documenting of payments made or that need to be made to Job Bidders or to Jobider, if another User requests this.
In terms of Job Bidder fees, Jobider will have no responsibility for determining the necessity of or for issuing any formal invoices or for determining, remitting or withholding any taxes applicable to the Job Bidder fees.
The Job Bidder is solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Job Bidder fees and the issuing of any invoices if required. The Job Bidder is also solely responsible for:
(a) Determining whether Job Bidder (contractor) or Jobider is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges, which are applicable to the Job Bidder fees and remitting any such taxes or charges to the appropriate authorities on behalf of itself or Jobider where it is appropriate.
(b) Determining whether Jobider is required by applicable law to withhold any amount of the Job Bidder fees, and for notifying Jobider of any such requirement and reimbursing Jobider for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). This can be done by Jobider, at our sole discretion, by offsetting the amount in question against future payment of Job Bidder fees or by reimbursing Jobider the relevant amount. Jobider will also have the right, but is not obligated to audit and monitor contractors compliance with applicable tax law as required by the Australian tax laws. In the event of an audit of Jobider, the Job Bidders agree to promptly cooperate with Jobider and provide copies of Job Bidders’ tax returns as well as other documents that may be reasonably requested for purposes of such an audit, including but not limited to records showing Job Bidder is engaging in an independent business as represented to Jobider.
The Client must provide account information for at least one valid Payment Method. The Site makes the following methods of payment available: credit cards, debit cards, and PayPal.
The Client gives Jobider the authorization to run credit card authorizations on all credit cards provided by the Client, to store the credit card details as the Client's method of payment for the Services and to charge the Client’s credit card or other authorised forms of payment by Jobider or mutually agreed to by the Client and Jobider.
The Payment Guarantee will not be applied to Job Bidders or Contracts that are in violation of the Agreement, where the Job Bidder does not meet the clear specifications of the Service Contract, where the Job Bidder is aware of or complicit in another User's violation of the agreement or where there is any other involvement in fraudulent activities or abuse of this Payment Guarantee.
A Client and a Job Bidder will provide Confidential Information to one another. The recipient of this Confidential Information will protect the secrecy of the information with the same degree of care that it uses to protect its own Confidential Information, but in no event with less than due care. They shall also not:
(i) Disclose or allow others to disclose another’s Confidential Information to anyone apart from Jobider, or the Client or Job Bidder that is engaged in the contract.
(ii) Use or permit the use of the Confidential Information, apart from where it is necessary to perform Services for the relevant Service Contract, including, but not limited to the storage or transmission of Confidential Information on or through the Jobider Platform for use by the Job Bidder.
Users should also limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Job Bidder Services for the relevant Service Contract.
If and when the Confidential Information is no longer needed for the performance of Job Bidder services for a particular Services Contract or if the Client or Job Bidder makes a written request, the Client or the Contractor who received the Confidential Information will, at its expense, promptly destroy or return the disclosing party’s Confidential Information as well as any copies that are contained in or on its premises, systems or on any other equipment that is under its control.
The recipient of the Confidential Information also agrees to provide written certification to the party that has disclosed the Confidential Information that it is in compliance with Section 6.2 within ten (10) days after the receipt of disclosing the party’s written request for certification.
Without limiting Section 6.1 on confidentiality, the Client, and Jobider will not publish or cause any Confidential Information or Work Product to be published, apart from where it is necessary for performance of Job Bidder for a Services Contract.
Jobider makes no expressive representations or warranties with regard to the Site (Jobider Platform), Site Services, Work product, or any other activities or items that are related to this agreement.
Jobider disclaims all express or implied conditions, representations, and warranties to the maximum extent that is permitted by applicable law. This includes but is not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement.
In Section 10.2 (Termination) it states the user’s sole and exclusive remedy against Jobider with respect to any defects, non-conformances or dissatisfaction.
Jobider in no event is liable for any special, consequential, incidental, exemplary or indirect costs or damages, litigation costs, installation and removal costs or the loss of data, production or profit.
The liability of Jobider to any user for any claim that arises out of or in connection with this agreement will not exceed more than $400 US Dollars and any Jobider fees that are retained by Jobider with regard to contracts on which the User was involved as Client or Job Bidder during the six (6) month period preceding the date of the claim.
The limitations here will apply to any liability that arises from any cause of action whatsoever, arising out of or in connection with this Agreement, whether in contract, tort that includes negligence, strict liability or otherwise, even when advised of the possibility of such costs or damages and even if the limited remedies provided here fail in their essential purpose.
Users will indemnify, defend and hold harmless Jobider as well as its subsidiaries, affiliates, officers, agents, employees, representatives and agents who are all Indemnified Parties for purposes of Section 9, from any and all claims, damages, liabilities, costs and expenses that arise from or relate to any claim, judgment or adjudication that any Work Project, services or action or omission by such user infringes Propriety Rights or the other right of any third party.
Every Client will protect, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs and expenses that can include reasonable legal fees and costs associated that arise from:
(i) Client’s use of the Site, Site Services, including without limitation claims by or on behalf of any Job Bidder for Workers Compensation or unemployment benefits
(ii) Any Service Contract entered into between the Client and the Job Bidder.
Every Job Bidder shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs and expenses that arise from or relate to:
(i) Job Bidder's provision of Services
(ii) Any Service Contract that is entered into between the Job Bidder and the Client.
The Agreement terms in this Agreement are effective upon your first visit to the Site and will remain in effect until it is terminated in accordance with section 10.2.
The parties can terminate this agreement at any time with or without cause. The termination will be effective immediately upon a written request to the other party or is terminated or suspended through the User's account. Any such termination that is undertaken will not affect the validity of any Service Contract that has been implemented before the termination. The Agreement will then continue to apply in regards to these Service Contracts.
The Client will still be required to pay for any time spent and expenses that were sustaned before the effective date of the termination. The fees, expenses and also any applicable taxes are charged to the client’s credit card in terms of Section 5.2.
With regard to Section 2.9 (Dispute Resolution Policy), Jobider will pay the Job Bidder, in accordance with the provisions of Section 5 (Invoices and Payment Methods), for the time that has been recorded in the Time Logs that was incurred before the effective date of termination.
Section 4 to 12 of this Agreement will survive any termination that has occurred.
This Agreement is set for the entire agreement and understanding between the parties in relation to its subject matter and will also cancel and replace any past or coexistent discussions, agreements, representations, warranties and other communications between the parties.
Notwithstanding subsection Section 11.1 aside (Entire Agreement), Clients and Job Bidders can enter into any supplemental or other written agreement, which they see as appropriate, for instance, confidentiality agreement, assignment of rights, work for hire agreement and so forth. The terms and conditions of this Agreement, however, will govern and supersede any term or condition in a side agreement that intends to expand Jobider’s obligations or restricts Jobider’s rights under this Agreement.
Users will not violate any applicable foreign or local laws or the rights of third parties that are on or are related to the Jobider Platform. Without limiting the generality of the previous, the User agrees to comply with all applicable laws and regulations including, but not limited to, import and export control laws, and third parties’ Proprietary Rights.
You consent to the use of:
(a) Electronic means to complete the Agreement and to deliver any notices in accordance with this Agreement.
(b) Electronic records to store information that is related to this Agreement or your use of the Jobider Platform.
Notices that have been made after this will be invalid unless they are made in writing and are given:
(a) By Jobider through email
(b) Posting on the Jobider Site
(c) By you through email to firstname.lastname@example.org or to another address provided by Jobider.
The date that the notice is received will be seen as the date on which the notice has been transmitted.
Any modification or amendments to this Agreement are not binding upon Jobider unless in a written instrument and are signed by a duly authorized representative of Jobider.
For the purposes of this subsection 11.5, a written instrument does not include electronic communications like email and electronic notices, but it will include copies.
If there is a failure or a delay from either party to use and enforce any right to claim, it will not mean that this constitutes a waiver of such a right to claim. This will not affect the party’s right to enforce later and exercise it, unless, such party issues an express written waiver that has been signed by an authorized representative of each party.
Users are not allowed to assign the Agreement or any of its rights or obligations from this without Jobider’s prior written consent in the form of a written instrument that is signed by a duly authorised representative of Jobider.
For Section 11.7 a written instrument expressly excludes electronic communications like email and electronic notices but will include facsimiles.
Jobider is free to assign this Agreement without the consent of the User.
Any attempted assignment or transfer that is in violation of this Section will be null and void.
Subject to the preceding restriction, the Agreement will adjust to the benefit of the successors and permitted assigns of the parties.
If any of the conditions of this Agreement are held to be illegal, invalid or unenforceable in whole or in part under applicable law, such provisions or portions of it shall 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 then be deemed modified to the extent necessary so that it conforms to applicable law so as to give maximum effect to the intent of the parties.
The illegality, invalidity or unenforceability of the conditions in that jurisdiction will not in any way affect the legality, validity or enforceability of such provisions in any other jurisdiction or any other provisions in any jurisdiction.
With regard to this Agreement and any disagreement, dispute or claim that arises from or relate to this Agreement, including but not limited to a Service Contract, shall be governed by and interpreted in accordance with the laws of the Australian Consumer Act without the regard to its conflict of law conditions and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Jobider and Users of the Site will agree at the moment that any claims shall first be settled through negotiation or according to the Dispute Resolution Policy that is set in Section 2.9. If a claim is not a claim for injunctive or another equitable relief, remains unresolved by these means, either party will then have the right to demand binding non-appearance-based arbitration by a third party service that has been mutually agreed on by both parties.
The arbitrator will then make the final judgment that will then need to be followed by both parties and by Jobider if applicable.
You will also agree that any claim that is made against Jobider and is not resolved by the above will then be resolved by the Australian Consumer Law.
The English language version of this Agreement shall be regulatory in all respects and shall also succeed in case of any inconsistencies between translated versions if there are any.
12.1 – Agency: a legally recognized entity that can hire and contract
12.2 – Average Weekly Jobider Fees: this is the average weekly amount of Jobider Fees that are due to Jobider based on the work that has been performed for a Client by a freelancer over the four (4) weeks immediately preceding the buyout notice and does not count any weeks in which no Jobider Fees became due.
12.3 – Claim: this is any disagreement, dispute or claim that comes from or relates to this Agreement such as Service Contracts among others.
12.4 – Client: any User of the Jobider Platform, who requests Services that need to be performed by a Job Bidder. Jobider may act as a Client from time to time. The terms and conditions of this Agreement that is applicable to Clients will also apply to Jobider.
12.5 – Client Deliverables: the instructions, requests, intellectual property and any other information or materials that a Job Bidder receives from a Client for a specific Service Contract.
12.6 – Confidential Information: Client or Job Bidder deliverable, Work Product or any other information that is provided to or created by a User for a Service Contract whether it is intangible, electronic, verbal, graphic, visual or any other form.
Confidential Information does not include material or information that is:
Known by third parties as a result of no act or omission of Job Bidder or Client
Subsequent to disclosure from this was lawfully received without restriction on disclosure from a third party having the right to distribute the information
Was already known by the User before receiving it from the other party and was not received by a third party in breach of the third parties obligations of confidentiality
Was independently developed by the User without the use of Confidential Information.
12.7 - Effective Date: the date of acceptance of this Agreement
12.8 - Fixed Price: a fixed fee that is agreed upon between the Client and Job Bidder before the commencement of a Contract, for the completion of all Services that are requested by the Client for such a Contract.
12.9 – Fixed Price Contract: a service contract for which the client is a charged a fixed price
12.10 – Job Bidder: any company or individual user that uses the Jobider Platform to offer services to clients.
12.11 – Job Bidder Deliverables: instructions, request, intellectual property and other information or materials that a client receives from a Job Bidder for a particular Service Contract.
12.12 – Jobider Fees:
Fixed price contract – the fixed price for the contract
Any bonuses paid or other payment made by a Client for a Service Contract.
12.13 – Indemnified Party: Jobider and its subsidiaries, affiliates, officers, agents, employees, representative and agents.
12.14 – Moral Rights: any rights or paternity, integrity, disclosure and withdrawal and any other rights that are known as or are referred to as moral rights.
12.15 – Jobider Platform: the online platform that is operated by Jobider and includes related software and services that clients and freelancers can use to identify one another and enable them to buy and sell services online.
12.16 – Jobider Team: the online platform that can be accessed by using the Jobider’s downloaded team software that allows for time tracking, chat, and screenshot sharing with other team members.
12.17 – Payment Period: the one-week period beginning Monday at 12:00 Pacific time.
12.18 - Pre-Existing IP: pre-existing software, technology or other intellectual property, that is owned by the Job Bidder or third party and includes, but is not limited to code written by proprietary software companies or developers in the open source community.
12.19 - Proprietary Rights: any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents and any other rights to intellectual property that are recognised in any jurisdiction that is or not perfected.
12.20 - Service Contract: a particular project or set of ongoing tasks for which a Client has requested services to be performed by a Job Bidder and the Job Bidder has agreed on the Jobider Platform.
12.21 – Services: web development, software development, writing, translation, administrative, marketing, design customer service, sales, data entry, general business services or any other human services.
12.22 – The Site: our web site located at www.jobider.com
12.23 – Work Product: any tangible or intangible results or deliverables that a Job Bidder agrees to create for, or actually delivers to a Client as a result of performing the Services on a particular Service Contract and includes, but is not limited to configurations, computer programs or other information, or customized hardware, and any intellectual property developed in connection with it.