User Agreement
Important:
This User Agreement ("Agreement") contains important information about your legal rights, remedies, and obligations, and is a legally binding agreement between you ("you" or "User") and Jobbplus Global Inc. ("Jobbplus," "we", or "us") governing your use of Jobbplus's Site and Site Services (collectively, "Services").
You understand that by using the Jobbplus Site or Site Services (which generally means using in any way our work marketplace Jobbplus.com or our applications), and by clicking accept when prompted on the Site, you agree to be bound by all agreements which constitute Jobbplus's Terms of Service, and you agree that the "Terms of Service" means every agreement linked herein and includes the Privacy Policy, Terms of Use, and this User Agreement, including Section 14 which contains an arbitration agreement and class action waiver that applies to claims brought against Jobbplus in Sweden.
You have an opportunity to opt out of arbitration as provided in Section 14. You should read all of our terms carefully because you are promising not to break any agreements in the Terms of Service.
To make these terms a little easier to understand, we capitalize certain terms and capitalizing them means they have a special meaning. Section 16 provides the definitions of some capitalized terms and others are defined throughout the Terms of Service (look for quotation marks and bold font).
Table of Contents
1. JOBBPLUS ACCOUNTS
How you can register for an Jobbplus account and the different types of accounts that you can have.
1.1 REGISTRATION
You must register for an account to have full access to our Services, and your registration is subject to our approval.
You must register for an account with us ("Account") to access and use certain portions of our Services. Registered users of our Services are "Users", and unregistered users are "Site Visitors".
Your Account registration is subject to approval by Jobbplus. We reserve the right to decline a registration either to join Jobbplus or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
1.2 ACCOUNT ELIGIBILITY
You promise to use our Services for business purposes only, and only in ways that are legal. You also promise that you are eligible to enter into this Agreement, including because you are 18 years or older.
Jobbplus offers the Services for your business purposes only and not for personal or consumer use. By registering for an Account or by using our Services, you represent that you: (a) are doing business under your own name as a self-employed individual/sole proprietor or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity); (b) will use our Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and any offering or provision of Freelancer Services; (d) are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18), and that you can form legally binding contracts; and (e) will comply with any and all applicable local, state, federal and/or international laws, regulations, and/or conventions in using our Site and Services.
1.3 ACCOUNT PROFILE
You must provide accurate personal information when you sign up and you must update your account if your personal information changes. We can suspend or terminate your account if the information you give us is false, outdated, or incomplete.
To register for an Account to use our Services, you must complete a User profile ("Profile"), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide accurate and complete information on your Profile—and on all registration and other forms you access while using our Services or provide to us—and you agree to keep that information current. You agree not to provide any false or misleading information about your identity or location, your business, the beneficial owner(s) of your business, your skills, or the services your business provides, and you agree to correct any information that is or becomes false or misleading. We reserve the right to suspend or terminate the Account, or access to our Services, of anyone who provides false, inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or an Account.
1.4 ACCOUNT TYPES
We offer three types of accounts ("Account Types"): Client, Freelancer, and Agency (which is a special kind of Freelancer account). Once you register for an Account, you can add Account Types without re-registering. You promise to register for only one Account that requires a unique log in. This Account will house all of your Account Types. Never share your Account password with anyone; you can give permissions to other Users to act under your Account Types as Team Members or Agency Members if needed.
We offer several different Account Types. Once you register for your Account (only one per User), you can add other Account Types under the same username and password. For example, if you already have a Freelancer Account Type (defined below), you can add a Client Account Type (defined below) to your Account without re-registering. You agree not to register for or maintain more than one Account and Profile without express written permission from us.
1.4.1 CLIENT ACCOUNT
You can register for an Account or add an Account Type to use the Services as a Client (a "Client Account"). Client Account Types have a feature that allows the account owner to give permissions to other Users ("Team Members") to act on behalf of the Client Account. Each Team Member must have their own Account to be added as a Team Member on the Client Account.
1.4.2 FREELANCER, AGENCY, AND AGENCY MEMBER ACCOUNT
Freelancer: You can register for an Account or add an Account Type to use the Services as a Freelancer (a "Freelancer Account").
Agency and Agency Member: A specific type of Freelancer Account you can add is an "Agency Account", which is referred to as an "Agency". Agency Account Types have a feature that allows the Agency owner to give permissions to other Users ("Agency Member") to act on behalf of the Agency. Each Agency Member must have their own Account to be added as an Agency Member on the Agency Account.
1.5 ACCOUNT PERMISSIONS
You are responsible for all activity on your Account.
You may provide other Users permissions to act on your Account only as described in Section 1.4 and in this Section 1.5. You agree not to request or allow another person to create an Account for you, your use, or your benefit, except that authorized employees or agents may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for what the User does and does not do, including with respect to making payments and entering into Service Contracts and the Terms of Service.
1.6 IDENTITY AND LOCATION VERIFICATION
You will allow us to verify your identity, location, and business affiliations from time to time.
When you register for an Account and periodically thereafter, your Account will be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Jobbplus. You authorize Jobbplus, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your business, email address or financial accounts, subject to applicable law.
1.7 USERNAMES AND PASSWORDS
You will keep your username and password secret and will not share them, and you will not use anyone else's username and password.
Each person who uses our Services must register for their own Account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You are responsible for safeguarding your username and password and for any use of our Services with your username and password.
2. PURPOSE OF JOBBPLUS
What we do and do not do when providing our Services and some of your responsibilities when using our Services.
The Jobbplus Site is a work marketplace where Clients and Freelancers can identify each other and advertise, buy, and sell Freelancer Services online. Subject to the Terms of Service, Jobbplus provides the Services to Users, including hosting and maintaining the Jobbplus Site, facilitating the formation of Service Contracts, and assisting Users in resolving disputes which may arise in connection with those contracts.
2.1 RELATIONSHIP WITH JOBBPLUS
We offer a work marketplace: an online platform for Users to find and connect with each other. We are not involved directly in your negotiations or the delivery of Freelancer Services and are not a party to any agreements you may make with other Users. You are solely responsible for your content published to Jobbplus and for your agreements with other Users, including vetting each other and performance under the agreements.
Jobbplus offers a platform that enables Users to find one another, enter into service relationships and agreements, receive and provide Freelancer Services, and make and receive payments through escrow. Jobbplus neither performs nor employs individuals to perform Freelancer Services.
2.2 TAXES AND BENEFITS
Freelancers are responsible for paying their own taxes, obtaining their own insurance, and ensuring they comply with applicable laws and regulations.
Freelancer acknowledges and agrees that Freelancer is solely responsible for: (a) all tax liability associated with payments received from Freelancer's Clients and through Jobbplus, and (b) obtaining any liability, health, workers' compensation, disability, unemployment, or other insurance needed or required by law, and that Freelancer is not covered by or eligible for any insurance from Jobbplus.
2.3 MARKETPLACE FEEDBACK AND USER CONTENT
Users publish and ask Jobbplus to publish information and feedback on the Site. We are not responsible for that content, and your publication or use of it is at your own risk.
You acknowledge and agree that Users publish and request Jobbplus to publish on their behalf information on the Site such as feedback, composite feedback, or geographical location. Such information is based on data that Freelancers or Clients voluntarily submit to Jobbplus and does not constitute an introduction, endorsement, or recommendation by Jobbplus.
9. WARRANTY DISCLAIMER
We are not responsible for the quality, safety, or reliability of our Services.
Jobbplus and its affiliates make no representation or warranty about the services, including that the services will be uninterrupted or error-free, and provide the Services (including content and information) on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Jobbplus and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.
10. LIMITATION OF LIABILITY
Any liability we may have to you is limited.
Important: Additionally, in no event will Jobbplus, our affiliates, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. The liability of Jobbplus, our affiliates, our licensors, and our third-party service providers to any User for any claim arising out of or in connection with this Agreement or the other Terms of Service will not exceed the lesser of: (a) $2,500 or (b) any fees retained by Jobbplus with respect to service contracts on which User was involved as Client or Freelancer during the six-month period preceding the date of the claim.
16. DEFINITIONS
Below we define capitalized terms that appear in this Agreement or other parts of the Terms of Service. Other capitalized terms are defined above, which you can tell because the term is put in quotation marks and bold font.
"Client"
means any authorized User of the Site or Site Services, including Direct Contract Services, to seek or obtain Freelancer Services, including from another User.
"Freelancer"
means any authorized User of the Site or Site Services, including Any Hire Services, that utilizes the Site to advertise, provide, or receive payment for the provision of Freelancer Services to Clients, including Agency Member Accounts and Freelancer Accounts that are part of Agency Accounts.
"Service Contract"
means, as applicable, (a) the contractual provisions between a marketplace or Direct Contract Client and a Freelancer governing the Freelancer Services to be performed by a Freelancer for Client for a Project; (b) an Any Hire Contract as defined in the Jobbplus Any Hire Terms; or (c) if you use Jobbplus Payroll, the contractual provisions between Freelancer and the Staffing Provider for the provision of services to Client, if any.
"Payment Method"
means a valid credit card issued by a bank acceptable to Jobbplus, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Jobbplus may accept from time to time in our sole discretion.