SIDEJOBS TERMS OF SERVICE
The following Terms of Service constitute a binding agreement between you and SideJobs Unlimited, LLC (“SideJobs”) governing your use of the SideJobs Application. SideJobs’ mobile application (the “App”), and related services, are collectively referred to as the “SideJobs Application.”
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE SIDEJOBS APPLICATION, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE AND YOU ACCEPT ALL OF ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, DO NOT ACCESS THE SIDEJOBS APPLICATION.
THE SIDEJOBS APPLICATION MAY NOT BE USED OUTSIDE OF THE TERRITORIAL JURISDICTION OF THE UNITED STATES OF AMERICA.
1. The SideJobs Application is an App which enables communication and business transactions between Clients and Contractors. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Jobs”) from Contractors and are therefore clients of Contractors, and “Contractors” are businesses seeking to perform Jobs for Clients. Clients and Contractors together are hereinafter referred to as “Users.” If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you as set forth herein below.
CONTRACTORS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF SIDEJOBS. SIDEJOBS DOES NOT PERFORM JOBS AND DOES NOT EMPLOY OR CONTRACT WITH INDIVIDUALS TO PERFORM JOBS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, SIDEJOBS OPERATES AS AN ONLINE EXCHANGE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (CONTRACTORS) WHO WISH TO PERFORM A VARIETY OF JOBS.
USERS HEREBY ACKNOWLEDGE THAT SIDEJOBS DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A CONTRACTOR’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY WARRANTY, RESPONSIBILITY OR LIABILITY FOR THE WORK PERFORMED OR THAT THE WORK COMPLIES WITH ANY APPLICABLE LAW OR REGULATION.
Any reference on the SideJobs Application to a Contractor being licensed, certified, or recommended in any manner indicates only that the Contractor has represented that it has met certain criteria. Any such description is not an endorsement, certification or guarantee by SideJobs of such Contractor’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for the Clients to evaluate when they make their own decisions about the identity and suitability of Contractors whom they contact with via the SideJobs Application.
2. SideJobs does not perform background checks or otherwise verify the identity of any User and SideJobs cannot confirm that each User is who they claim to be, and SideJobs cannot and does not assume any responsibility for the accuracy or reliability of any information on the Platform. Background verification, if any, is the sole responsibility of the Client.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with Contractors whom you don’t know. SideJobs will not be liable for any false or misleading statements made by any User of the SideJobs Application.
INCLUDING SIDEJOBS, ITS RESPECTIVE OFFICERS, MEMBERS, AGENTS, ATTORNEYS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER OF THE SIDEJOBS APPLICATION AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SIDEJOBS AND ITS AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE APP OR THE SIDEJOBS APPLICATION.
All Users represent and warrant that:
- You are of legal age in the state in which you reside and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- You will fulfill the commitments you make to other Users, communicate clearly and promptly through the App, be present and/or available at the time you agree upon with your Contractor or Client as the case may be, and only utilize the third party payment service provider specified or approved by SideJobs to make or receive payment for services provided through the SideJobs Application (the “PSP”);
- You will use your real name or business name on your profile (We not currently requiring the user to update thier profile image).
- When using or accessing the SideJobs Application, you will act in accordance with all applicable local, state, or national laws or regulations and in good faith;
- You will not use the SideJobs Application for the purchase or delivery of any regulated, controlled or illegal substances or services;
- Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Terms of Service.
- You are not using and do not intend to use the SideJobs Application for any unlawful or inappropriate purpose.
Contractors additionally represent and warrant that:
- When using the SideJobs Application, you are operating as a sole proprietor or other valid business entity;
- You are customarily engaged in an established business of the same nature as the services performed for Clients through the SideJobs Application;
- You have the legal right to work in the state in which you will be performing Jobs;
- If the Job is performed in a jurisdiction that requires you to have a business license, permit, or business tax registration, you have the required business license, permit, or business tax registration;
- You have any and all insurance required to operate your business and provide your services;
- You will honor your commitments to Users on the Platform, including by responding to invitations promptly; performing the Job(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
- You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
3. You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Job. The terms of the Service agreement include the engagement terms proposed and accepted on the SideJobs Application, and any other terms accepted by both the Contractor and their Client to the extent such terms do not conflict with the terms in this Agreement. SideJobs is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between SideJobs and any User. SideJobs’ role, beyond enabling connections between Clients and Contractors via the App, is to act as a limited payment collection agent for the Contractor to facilitate payment for Jobs through the SideJobs Application using the PSP.
Where approved by the Client, the Contractor may engage assistants, helpers, subcontractors or other personnel (collectively “Assistants”). The Contractor assumes full and sole responsibility for the acts and omissions of such Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable tax withholdings as to such Assistants.
The Client shall pay their Contractor(s) in full for all Job services via the PSP as indicated on the SideJobs Application, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Job.
4. Payment for Job services through the SideJobs Application is made directly from the Client to the Contractor via the PSP, and not by SideJobs. SideJobs is not obligated to compensate Contractor for Client’s failure to pay for services.
The Job payment, service charges, and other fees must be paid through the PSP. Users of the SideJobs Application will be required to provide their payment method details to SideJobs and the PSP. Clients will be responsible for paying the agreed upon fees for each Job (“Job Payment”), and the service charge SideJobs assesses to the User for the use of the SideJobs Application. Clients may also be charged credit card processing fees as applicable. Contractors will be responsible for paying (i) registration fees, if applicable, (ii) cancellation fees, if applicable, and (iii) repayment of erroneous payments.
When Client receives confirmation through the SideJobs Application (CURRENTLY EMAIL IS NOT IMPLEMENTED. WE ARE NOTIFYING THEM THROUGH THE APP) that a Job has been completed, Client automatically authorizes the PSP to process the Job Payment. Users may be billed a cancellation fee (**) at the specified rate through the PSP if you book a Job but cancel it before (or fail to appear upon), the scheduled time for performance.
(**THESE ARE DIFFERENT SCENARIOS)
(CURRENTLY WE ARE HANDLING BELOW CASES FOR CANCELLATION)
(1) IF SEEKER CANCELS BEFORE/PRIOR TO WITHIN 24 HRS OF THE JOB/SERVICE TIME SCHEDULED START, HE/SHE WILL GET THE REFUND OF PAID AMOUNT MINUS THE STRIPE FEES. PROVIDER GETS NOTHING.
(2) IF SEEKER CANCELS WITHIN 24 HRS OF SERVICE TIME, HE/SHE WILL GET THE REFUND OF PAID AMOUNT MINUS ((25% OF OFFERED AMOUNT) + STRIPE FEES). PROVIDER WILL GET THE 25% CANCELLATION FEE.
(3) IF THE PROVIDER CANCELS BEFORE/PRIOR TO WITHIN 24 HRS OF THE JOB/SERVICE TIME SCHEDULED START, THE SEEKER WILL GET THE FULL REFUND OF PAID AMOUNT. PROVIDER HAS TO PAY THE ORIGINAL STRIPE + (STRIPE FEE ON ORIGINAL STRIPE) AS THE CANCELATION FEE.
(4) IF PROVIDER CANCELS WITHIN 24 HRS OF SERVICE TIME, SEEKER WILL GET THE FULL REFUND OF PAID AMOUNT. THE PROVIDER WILL PAY THE ORIGINAL STRIPE FEE + 10% OF OFFERED AMOUNT + NEW STRIPE FEE (STRIPE FEE + 10% OF OFFERED AMOUNT) AS THE CANCELATION FEE.
SideJobs reserves the right (but not the obligation) upon request from Client or Contractor, or upon notice of any potential fraud, unauthorized charges or other misuse of the SideJobs Application, to (i) place on hold any Job Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.
Users of the SideJobs Application will be liable for any taxes (including sale tax, if applicable in the state where the Job is performed) required to be paid on the Jobs provided under the Agreement.
5. The SideJobs Application may contain profiles, blogs, message boards, (reviews and ratings not currently implemented) and/or other message or communication facilities that allow Users to post confirmation and communicate with other Users. You may only use such Public Areas to send and post messages and materials that are factual, relevant and proper to the applicable forum. For the safety and integrity of the SideJobs Application, you should not share your personal contact information with other Users.
Without limitation, the SideJobs Application may not be used for any of the following purposes:
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights of others;
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- To upload files that contain software or any other material that is harmful in any way or that violates the intellectual property rights of any User, third party, or SideJobs;
- To advertise or offer to sell any goods or services for any commercial purpose through the SideJobs Application which are not relevant to the Job services;
- To impersonate another person or a User or allow any other person or entity to use your profiles to post or view comments.
While using the SideJobs Application, you may not:
- Use the SideJobs Application for any unauthorized or illegal purpose;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- Imply or state that any statements you make (whether on or off the SideJobs Application) are endorsed by SideJobs, without the prior written consent of SideJobs;
- Hack or interfere with the SideJobs Application, its servers or any connected networks in any way;
- Adapt, alter, license, sublicense or translate the SideJobs Application for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by SideJobs and Affiliates;
- Upload content to the SideJobs Application that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- Use the SideJobs Application to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the SideJobs Application as set forth herein;
- Use the SideJobs Application or the Job services in violation of this Agreement;
- Use the SideJobs Application in a manner that is false or misleading;
- Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the SideJobs Application, or providing inaccurate information; or
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number.
You understand that all submissions made to the public areas of the App will be public and that you will be publicly identified by your name or login identification when communicating in public areas. SideJobs will not be responsible for the action of any Users with respect to any information or materials posted in public areas.
7. SideJobs may suspend your right to use the SideJobs Application pending its investigation of a potential breach by you of this Agreement. SideJobs may deactivate your account or limit your use of the SideJobs Application upon its determination that you breached a provision of this Agreement. Even after your right to use the SideJobs Application is suspended, terminated or limited, this Agreement will remain enforceable against you. SideJobs reserves the right to take appropriate legal action pursuant to the Agreement.
SideJobs reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the SideJobs Application at its sole discretion with or without notice. SideJobs shall not be liable to you for any modification or discontinuance of all or any portion of the SideJobs Application. SideJobs has the right to restrict anyone from completing registration as a Contractor if such person may threaten the safety and integrity of the SideJobs Application, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the SideJobs Application and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the SideJobs Application.
8. You must register with SideJobs and create an account to use the SideJobs Application. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by SideJobs for accessing the SideJobs Application. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. SideJobs has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you agree to notify SideJobs immediately.
9. The SideJobs Application hosts user generated content relating to reviews and ratings of specific Contractors (“Feedback”). Feedback is such User’s opinion and not the opinion of SideJobs and has not been verified or approved by SideJobs. You agree that SideJobs is not responsible or liable for any Feedback.
10. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including SideJobs designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the SideJobs Application is owned solely by SideJobs. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the SideJobs Application without SideJobs’ express prior written consent. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
11. THE SIDEJOBS APPLICATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUROSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. SIDEJOBS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SIDEJOBS APPLICATION OR THE CONTENT OF ANY SITES LINKED TO THE SIDEJOBS APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SIDEJOBS APPLICATION, (III) ANY ACCESS TO OR USE OF THE APP AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
UNDER NO CIRCUMSTANCES WILL SIDEJOBS AND ITS AFFILIATES BE LIABLE FOR, AND YOU HEREBY RELEASE SIDEJOBS AND AFFILIATES FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SIDEJOBS APPLICATION OR THE JOB SERVICES.
12. You hereby agree to indemnify, defend, and hold harmless SideJobs from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the SideJobs Application; (ii) your participation in Jobs, or your ability or inability to perform or obtain the performance of Jobs or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties herein; and (vi) any content submitted by you or using your account to the SideJobs Application, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.
13. If a dispute, controversy or claim, of any kind, whether based on contract, tort, statute, regulation, or otherwise, arising out of, or connected with, or relating in any way to this Agreement or the relationship of the parties, or the obligations of the parties, or the operations carried out under this Agreement, including without limitation, any dispute as to the existence, validity, construction, interpretation, negotiation, performance, non-performance, breach, termination, or enforceability of this Agreement, or the breach thereof, (any one of which constituting the “Dispute”) and if the Dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the Dispute in an amicable manner by mediation under the Commercial Mediation Rules of the American Arbitration Association (“AAA”) or such other rules as to which the parties shall agree, before resorting to arbitration. The Mediation shall be commenced by either party giving written notice to the other party and to the Center for Conflict Resolution (“CCR”) at a location to be mutually agreed upon by the parties involved. The CCR shall convene and administer the mediation in Abilene, Texas. The mediator shall be selected from the CCR’s panel of mediators with the approval of the parties. All fees and expenses of the mediation shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, if any.
If the Dispute is not settled by mediation within thirty (30) days of written request for mediation by any party the to CCR, then and thereafter any unresolved Dispute, including the arbitrability of any unresolved Dispute, shall be settled by arbitration administered by the CCR or the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules of AAA, with the award being final and binding, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Civil discovery shall be permitted for the production of documents and taking of depositions. The arbitrator(s) shall be guided by the Texas Rules of Civil Procedure in allowing discovery and all issues regarding compliance with discovery requests shall be decided by the arbitrator(s). the arbitrator(s) may impose sanctions and take other actions with regard to the parties that the arbitrator(s) deem appropriate to the same extent that a judge could pursuant to the Texas Rules of Civil Procedure. The Federal Arbitration Act shall govern all arbitration proceedings under this Agreement. This Agreement shall in all other respects be governed and interpreted by the laws of the State of Texas, excluding any conflicts or choice of law rule or principles that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The arbitration shall be conducted in Abilene, Texas by one neutral arbitrator chosen by the CCR or the AAA according to the AAA’s Commercial Arbitration Rules. Neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. All fees and expenses of the arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The prevailing party, according to the arbitrator(s), shall be entitled to an award of reasonable attorney’s fees for the arbitration and for all appeals of the award, arbitration fees and administrative expenses, and pre-award and post-award interest at the prevailing Texas statutory pre-judgment and post-judgment interest rates. This agreement to arbitrate shall survive the termination or repudiation of this Agreement.
14. Failure by SideJobs to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and SideJobs with respect to its subject matter and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) SideJobs shall be relieved of all rights, obligations and/or liabilities to you arising in the respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace the SideJobs for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section shall be null and void. This Agreement will inure to the benefit of SideJobs, its successors and assigns.
16. You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications to be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested, when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
17. By using the SideJobs Application, you agree to transact electronically through the SideJobs Application. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.