Hirer Terms of Service

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A JURY WAIVER PROVISION THAT REQUIRES YOU TO GIVE UP YOUR RIGHT TO A JURY TRIAL. THIS AGREEMENT ALSO CONTAINS A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JUDGE OR JURY TRIALS. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

  1. SERVICES
    1. JOBILITY Recruitment Platform. JOBILITY, Inc. (“JOBILITY”) provides Users with a fully automated recruitment process through JOBILITY’s Web Site and Mobile Applications (hereinafter, the “Platform”) by matching  and enabling the connection between persons seeking to obtain services (“You” or the “Hirer(s)”) and/or individuals seeking to provide services (“Gigee(s)”). Hirers and Gigees may also be generally referred to as “Users.” Your use of the Platform is the “Service” provided to You by JOBILITY. Those certain services or assignment(s) requested by the Hirer through the Platform, which are to be completed by a Gigee, are hereinafter referred to as  “Gig(s).” The provision and performance of all Gigs is solely up to the Gigee(s), scheduled to perform said Gigs by the Hirer through the Platform.  
    1. How JOBILITY Works- Hirers  sign up for the Service through the Hirer Web Application Registration Page on the Platform. Gigees sign up for the Service through the Gigee Web Application Registration Page or through the Gigee Mobile Application Registration Page. Once signed up, Hirers are permitted to post Gigs including industry, Gig title, required skills/experience/certifications, location, and desired hourly rate. In order to be matched Gigees are required to submit to a Basic Background Check and upload the following information into the Platform: the industry and type of Gig they would like to work, their availability, the minimum hourly rate they desire, and the distance they are willing to travel for a Gig. JOBILITY will then pair vetted, qualified Gigees to Gigs that suit their location, availability, and experience. If the Gigee’s availability matches a Hirer’s Gig details, they will be matched in JOBILITY’s system and the Gigee will be given the option to apply for the Gig. The Hirer will then have the option to accept or decline the Gigee. If the Hirer accepts the Gigee, the Hirer will be required to remit payment for a JOBILITY Service Fee and a Gigee Fee to a third party payment service provider’s account directly in accordance with these Terms. the Gigee will be required to use the Platform to mark the Gig as “started” when the Gig commences and “completed” upon conclusion of the Gig. Upon completion of the Gig and the Hirer will then be required to “approve” that the Gig was completed, and allow JOBILITY to initiate payment to the Gigee and JOBILITY in accordance with these Terms.
    1. JOBILITY DISCLAIMER FOR GIGEE PERFORMANCE- JOBILITY, THROUGH THE PLATFORM, OFFERS HIRERS INFORMATION AND A METHOD TO PROCURE AND ENGAGE GIGEES TO PERFORM GIGS. JOBILITY DOES NOT AND WILL NOT PROVIDE OR PERFORM GIGS ITSELF, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, INCLUDING, BUT NOT LIMITED TO, THE RENDERING OR PERFORMANCE OF ANY GIG BY A GIGEEPROVIDED TO THE HIRER UNDER ANY CIRCUMSTANCES,  ANY WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. JOBILITY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES MADE BY USERS TO OTHER USERS, POSTING OF ANY GIGS, THE SELECTION/HIRING OF A PARTICULAR GIGEE FOR A PARTICULAR GIG, AND CANCELLATION OF ANY GIGS BY ANY USER.
    1. Background Checks. JOBILITY, through the Platform, facilitates a basic background check of all Gigees (the “ Basic Background Check”) by requiring all Gigees to consent to a Basic Background Check as an express condition of being permitted to submit their first application to a Gig on the Platform. A Basic Background Check includes a Social Security Number Trace, Sex Offender Search, and Global Watch list Search. The Basic Background Check of Gigees is conducted by a third party provider Checkr, Inc. (the “Third-Party Services”). Basic Background Checks are regulated by the Fair Credit Reporting Act (“FCRA”), and the resulting reports are considered “consumer reports” under FCRA. A summary of responsibilities that may apply to your use of the information contained in a consumer report can be found at: http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. If there is negative data in the Basic Background Check that You receive and You choose to take “adverse action” (i.e. if You choose not to engage the Gigee for the Gig) on the basis of this negative data, You may be required to take certain procedural steps, which can be found at: http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know.
  • BACKGROUND CHECK DISCLAIMER- JOBILITY DOES NOT PERFORM THE BACKGROUND CHECKS AND DOES NOT GUARANTY THE ACCURACY OF INFORMATION CONTAINED IN A BASIC BACKGROUND CHECK. JOBILITY DICLAIMS ANY LIABILITY ARISING FROM HIRER’S USE OF OR RELIANCE ON THE BASIC BACKGROUND CHECK. BY USING THE PLATFORM, YOU AGREE TO HOLD JOBILITY HARMLESS FROM ANY LIABILITIES OR LOSSES THAT MIGHT ARISE OUT OF THE THIRD-PARTY SERVICES, A GIG, OR HIRER’S USE OR RELIANCE ON A BACKGROUND CHECK. JOBILITY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER (INCLUDING, ANY THIRD-PARTY, GIGEES, OR HIRERS), AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY THIRD-PARTY OR GIGS.
  • Supplemental Background Checks. Supplemental background checks including Drug Testing, County Criminal Search, Employment Verification, Judgment Search, License Verification, and other screenings listed  at https://checkr.com/product/screenings/  (the “Supplemental Background Check(s)”) are available upon request for an additional fee.
  • SUPPLEMENTAL BACKGROUND CHECK DISCLAIMER- THE SUPPLEMENTAL BACKGROUND CHECKS ARE NOT INCLUDED IN THE BASIC BACKGROUND CHECK. JOBILITY DOES NOT PERFORM THE SUPPLEMENTAL BACKGROUND CHECKS AND DOES NOT GUARANTY THE ACCURACY OF INFORMATION CONTAINED IN A SUPPLEMENTAL BACKGROUND CHECK. JOBILITY DICLAIMS ANY LIABILITY ARISING FROM HIRER’S USE OF OR RELIANCE ON ANY SUPPLEMENTAL BACKGROUND CHECK. BY USING THE PLATFORM, YOU AGREE TO HOLD JOBILITY HARMLESS FROM ANY LIABILITIES OR LOSSES THAT MIGHT ARISE OUT OF THE THIRD-PARTY SERVICES, A GIG, OR HIRER’S USE OR RELIANCE ON A SUPPLEMENTAL BACKGROUND CHECK.
  • Provision of Background Checks
    • Hirers will be provided with a Gigee’s Basic Background Check as part of the Services.
    • Additional Basic Background Checks and Supplemental Background Checks may be conducted for an additional fee and subject to a Gigee’s express written consent.
    • Hirer Information. Hirers, at JOBILITY’s request, will be required to submit to an EIN Verification and Dun and Bradstreet Business Check (“Hirer Information Request”). JOBILITY reserves the right to refuse Service to Hirer, in its sole and absolute discretion, if Hirer fails to cooperate with a Hirer Information Request or if JOBILITY is not satisfied with the Information obtained in connection with (“Hirer Information Request”).
  • ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE AND INDEPENDENT CONTRACTOR SERVICES AGREEMENT
    • Legal Agreement. These JOBILITY HIRER TERMS OF SERVICE (the “Terms of Service,” “Terms,” or “Agreement”) constitute a legal agreement between JOBILITY and the Hirer regarding the Hirer’s access or use of the Platform through the JOBILITY Web Site and Mobile Applications  and Hirer’s receipt of the Service. This Agreement is an electronic contract that sets out the legally binding terms of the relationship between You and JOBILITY.  By registering with JOBILITY, You understand, acknowledge, accept, and agree to be bound by the terms of this Agreement.  By accessing the JOBILITY Platform, You accept this Agreement and agree to the terms, conditions, and notices contained and/or referenced herein. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
    • Digital Signature. By registering for an account on the JOBILITY Web Site or Platform (an “Account”), or by clicking to accept the Terms when prompted on the JOBILITY Web Site, You are deemed to have read, understood, acknowledged, and agreed to, these Terms electronically, effective on the date You register your Account or click to accept these Terms, pursuant to the New Jersey Uniform Electronic Transactions Act, N.J.S.A. 12A:12-1, et seq. (“UETA”). Your Account registration constitutes an acknowledgement that You are able to electronically receive, download, and print these Terms, and any amendments.
  • CHANGES TO TERMS- JOBILITY may revise and update these Terms from time to time in its sole and absolute discretion. You are responsible for regularly reviewing the Terms of Service for modifications and updates to its terms. Your continued use of the Platform after any such changes are made to this Agreement shall constitute your consent, acceptance, and agreement to the changes. However, any changes to the dispute resolution provisions set forth in Section 19 will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the JOBILITY Web Site or any other location on the Platform.
  •  HIRER ACCOUNTS
    • To use the JOBILITY Platform You must register for an Account on the JOBILITY Web Site or Mobile Application. In order to register for an Account, You must be, and hereby represent that You are a legal entity or sole proprietor with a valid EIN tax ID number qualified and registered under applicable law to do business in one or more states. An individual or sole propietor without an EIN tax ID number is not eligible to be a Hirer on the JOBILITY Platform. JOBILITY reserves the right, in its sole and absolute discretion, to refuse, suspend, or revoke your access to the Platform upon discovery that any information You provided on any Document or posted on the Platform  is false, not true, inaccurate, or incomplete, or such information or other conduct otherwise violates these Terms, applicable Law, or for any other reason or no reason in JOBILITY’s sole and absolute discretion.
    • You agree not to share, resell, assign, transfer or sublicense your access to the JOBILITY Platform or your Account to any third-party. You agree and understand that You are responsible for maintaining the confidentiality of your password, which together with your e-mail address (your “Login Credentials”), allows You to access your Account and the Platform. You agree to immediately notify us at support@JOBILITY.com if You become aware of any actual or suspected fraudulent activity or unauthorized use of your Login Credentials or any other breach of security related to your Account, receipt of Service, or use of the Platform. JOBILITY IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE FOREGOING. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES TAKING PLACE THROUGH YOUR ACCOUNT, WHETHER OR NOT YOU OR ANY OTHER PERSON UNDERTAKES SUCH ACTIVITIES.
  • REPRESENTATIONS AND WARRANTIES
    • You represent and warrant that You:
      • will use the Service exclusively for the purpose of reviewing, evaluating and soliciting Gigee(s) for Gigs;
      • Will not use derogatory language while communicating with other Users, while on the Platform, in a Gig posting, or during the Performance of a Gig;
      • Will not offer Gigees a permanent role, full time employment, or a position lasting more than six (6) months with Hirer that is outside the scope of the Gig posting without having first provided JOBILITY with notice of the offer and a description of the position.
      • are now and will in the future be in compliance with all applicable Laws, including any Laws related to employment and taxes, in connection with any use of the Service, the engagement of any Gigee, performance of a Gig, or otherwise;
      • You possess a valid EIN tax ID number.
      • will ensure all content of any Document You post to the Service is accurate and complete in all respects;
      • agree to provide Gigee’s with any applicable codes of conduct or rules related to the Gig prior to the Gigee’s commencement of the Gig; and
      • have read, understood, and agreed to act in accordance with these Termsand

You will comply with these Terms.

  • You represent and warrant that You will not post any Document to the JOBILITY Platform that contains:
    • URLs or links to web sites other than to recruitment related pages on your company web site (unless otherwise agreed to in writing by JOBILITY);
    • copyrighted material (unless You own the copyright or have the owner’s permission to post the copyrighted material, subject to Section 14 herein);
    • trade secrets (unless You own them or have the owner’s permission to post them);
    • material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
    • irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User);
    • anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or
    • anything that is embarrassing or offensive to another person or entity.
    • You represent and warrant that You will not use a Document to:
      • post false, inaccurate, or misleading information, opinions, or notices (commercial or otherwise) or chain letters; or
      • post advertisements or solicitations of your business (other than for recruiting purposes pursuant to these Terms).
    • You represent and warrant that your Documents will contain sufficient detail to convey clearly to Users the nature and requirements of the job opportunities posted.
    • You represent and warrant that Gig postings will describe individual openings for independent contractors positions only.
    • You represent and warrant that you will not post any Gigs for full time employment opportunities or any roles for traditional employees.
    • You represent and warrant that will not advertise multiple job openings in a single Gig posting.
  • EMPLOYMENT CLASSIFICATION- JOBILITY is not an employer of Gigee(s). The Hirer may seek Gigs through the use of the Service. The Service may provide the Hirer with Gigee(s) to consider for Gigs based on the information the Hirer provides JOBILITY through the Platform regarding the Hirer’s needs and preferences. In the event that the Hirer agrees to engage the Gigee(s) for a Gig, such agreement is solely between the Hirer and each such Gigee. Hirer is responsible and assumes all Liability for determining whether Gigee(s) are independent contractors or employees and engaging them accordingly.
    •  In the event Hirer wishes to hire a Gigee on a permanent basis within 6 months of that Gigee’s performance of Gig, JOBILITY shall be entitled to, and You agree to pay, a twenty-percent (20%) recruiting fee to JOBILITY.
  • RELATIONSHIP- These Terms do not create a partnership or agency relationship between JOBILITY and any User. Users do not have authority to enter into written or oral (whether implied or express) contracts on behalf of JOBILITY.
  • LINKS TO OTHER SITES- The Service may link to or may be accessed in connection with external sites. These links or the ability to access other external sites from the Service or Platform are provided for your convenience only and do not constitute an endorsement by JOBILITY of such sites or their content, products, or other materials. You access such external sites at your own risk. It is your responsibility to evaluate the content and usefulness of the information obtained from external sites. JOBILITY has no control over the content of any external sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any external sites linked to or otherwise accessible from the Service, You do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such external sites. You agree to hold JOBILITY harmless from any Loss or Liability that may result from the use of any links or access to external sites that may appear on the Service.
  • PAYMENT TERMS
    • Users of the Service contract for Gigs directly with other Users. JOBILITY will not be a party to any contracts for Gigs. 
    • Hirer shall pay each Gigee that accepts and performs a Gig for the Hirer the amount specified in the posting made by the Hirer for the Gig (the “Gigee Fee”), less any lawful and authorized deductions and a twelve percent (12%) Jobility Service Fee.
    •  A Third Party Payment Service Provider retained by JOBILITY, will facilitate the payment of the applicable Gigee Fee and JOBILITY Service Fee on behalf of the Users.
    • Users of the Service will be required to provide their bank account details to JOBILITY and the Third Party Payment Service Provider retained by JOBILITY, which may change from time to time at JOBILITY’s sole and absolute discretion.
    • Payment processing services for Users, both Hirers and Gigees, are currently provided by a third-party payment processing service provider, Stripe, Inc. (the “ Third Party Payment Service Provider”), and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement” or “Third Party Payment Service Provider Agreement”). By agreeing to these Terms or continuing to operate as a Hirer, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of JOBILITY enabling payment processing services through Stripe, You agree to provide JOBILITY accurate and complete information about You and your business, and You authorize JOBILITY to share it with the Third Party Payment Service Provider.
    • Hirers are solely responsible for paying each invoice for each Gig (the “Invoice”) upon acceptance of Gigee for a Gig. The Invoice will include the pricing terms of the Gig agreed to between the Hirer and Gigee (“Gig Payment”), including the JOBILITY Service Fee (which shall deducted from the Gigee Fee), based on the Gig Payment amount at the time of match. Any amounts collected will be held in Jobility’s Stripe account until: (1) confirmation of completion of the Gig from both Gigee and Hirer on the Platform, at which time payment shall be made to Gigee;  or (2) upon cancellation of a Gig ninety-six (96) hours prior to the start time of the Gig in accordance with these Terms, at which time the Gig Payment shall be returned to the Hirer. JOBILITY will not release the Gig Payment to the Gigee until it receives confirmation that the Gig has been completed by both the Hirer and the Gigee or if Hirer fails to cancel a Gig at least ninety-six (96) hours before a Gig start time.

.

  • Users will be required to register with the Third Party Payment Service Provider, agree to Terms of Service of the Third Party Payment Service Provider and go through a vetting process at the request of the Third Party Payment Service Provider to set up their account with the Third Party Payment Service Provider.. By accepting these Terms of Use, each Hirer agrees that they have downloaded or printed, and reviewed and agreed to the Third Party Payment Service Provider Agreement. Please note that the JOBILITY is not a party to the Third Party Payment Service Provider Agreement and that you, the Third Party Payment Service Provider and any other parties listed in the Third Party Payment Service Provider Agreement are the parties to the Third Party Payment Service Provider Agreement and that the JOBILITY has no obligations or liability to any Hirer or User under the Third Party Payment Service Provider Agreement.
    • Within twenty-four (24) hours after JOBILITY receives confirmation through the Service or via email that a Gig has been completed, Hirer authorizes JOBILITY to provide Hirer’s payment details to the Third Party Payment Service Provider for processing of Gig Payment and any fees owed to JOBILITY including markup and service fee for use of the Service (the “JOBILITY Service Fees”).
    • You may be charged a cancellation fee through the Third Party Payment Service Provider if you book a Gig, but cancel it before it is completed, as set forth in the Gig  in the Gig Cancellation Policy below in Section 9.l below.
    • JOBILITY reserves the right, in its sole discretion, but shall not have the obligation, to (i) place on hold any Gig Payment , or (ii) refund, provide credits or arrange for the Third Party Payment Service Provider to do so.
    • Gig Payment of Gig Fees and JOBILITY Service Fees will be initiated on the JOBILITY Platform and processed through the Third Party Payment Service Provider. Users of the Service will be liable for any and all taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement (other than taxes on the JOBILITY’s income).
    • JOBILITY may from time to time provide certain Hirers with promotional offers and discounts that may result in different amounts charged for the same or similar Services obtained through the use of the JOBILITY Platform, and You agree that such promotional offers and discounts, unless also made available to the Hirer, shall have no bearing on your use of the Services or the Fees applied to You.
      • Cancellation of Gig if No Gigee was Accepted. Hirer may elect to cancel its request for Gigs free of charge at any time prior to accepting a Gigee for the Gig.
      • Cancellation of Gig once a Gigee has been accepted for a Gig.
        • No Fee Cancellation 96 hours before commencement of a Gig- Hirers may cancel a Gig at least ninety-six hours (96) prior to  the time period for the commencement of the Gig without being charged.
        • Cancellation of a Gig with 96 hours before the start time of a Gig. In the event Hirer cancels a Gig within ninety (96) hours of start time for the Gig, Hirer will be responsible for the full price of the Gig including the Gig Fee and the JOBILITY Services Fee.
  • RESTRICTIONS- In accessing and using the Service, You agree to abide by the following rules, restrictions and limitations:
    • You will not use any data mining software, robots, spiders or similar data gathering and extraction tools to access, acquire, copy, monitor, retrieve, index, “scrape,” “data mine,” or in any way gather Content or data from the Service or otherwise circumvent the navigational structure or presentation of the Service;
    • You will not disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear GIFs, single pixel GIFs, pixel tags, web beacons, action tags, web bugs, cookies, or other similar devices;
    • You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
    • You will not use the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the JOBILITY Web Site, Mobile Application, Platform, or any networks or security systems of JOBILITY or its Third-Party Service providers, or otherwise interfere with other Users’ use of the Service;
    • You will not interfere with or circumvent any security feature or any feature that restricts or enforces limitations on the use of, or access to, the Service;
    • You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the Service; and
    • You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained within the Service.
  1. TERM AND TERMINATION- Unless otherwise agreed to in a writing signed by Hirer and JOBILITY, these Terms apply unless and until Hirer deletes its Account, ceases all access or use of the Service, and stops receiving all Services (a “Termination”). Even after a Termination, these Terms apply to any receipt of Gigs obtained through the Service and will continue until the Gigs are performed in full or otherwise terminated.
  1. INTELLECTUAL PROPERTY
    1. You hereby grant to JOBILITY a non-exclusive, royalty-free, fully paid-up, right and license to use Hirer Data for the purposes of providing You with the Service. You represent and warrant that You are the exclusive owner of the Hirer Data or have all rights and licenses necessary to grant the rights to the Hirer Data that You have granted to JOBILITY in these Terms without the need to obtain any third-party consents or permissions.
    1. The Service (including the underlying technology, systems and software comprising the JOBILITY Platform) are protected by copyright, trademark, patent, and/or other proprietary rights and Laws. Subject to your compliance with these Terms, and solely for so long as You are permitted by JOBILITY to access and use the Service, JOBILITY grants to You a limited, revocable, non-exclusive, non-transferable right to access and use the Service for your use only. Unless expressly granted to You in these Terms, JOBILITY and its licensors reserve and retain all right, title and interest (including all intellectual property rights) in and to: (i) the Service; and (ii) the technology, systems and software used to provide the Service.
    1. You further understand and agree that JOBILITY owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data and Usage Data. JOBILITY may use such Aggregate Data or Usage Data for any lawful business purpose without a duty of accounting to You or any User, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to Hirer or any individual Users.
  2. PLATFORM FEEDBACK- JOBILITY does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If You submit feedback on or through the Platform, such feedback should not include any creative ideas, inventions, suggestions, or materials. JOBILITY has adopted this policy to avoid confusion and misunderstandings in case your ideas, suggestions, or other materials are like ones that we have developed (or may develop) independently. Therefore, we are not responsible for any ideas, suggestions, or materials submitted to us. If, despite this notice, You send JOBILITY creative suggestions, ideas, drawings, concepts, inventions, or other information (a “Hirer Submission”), You understand and agree that JOBILITY is free to use these ideas, suggestions, or other materials in any way that it may deem fit without any Liability or payment of any kind to You. Hirer Submissions and any elements contained in a Hirer Submission will not be subject to any obligation of confidentiality on JOBILITY’s part, and JOBILITY will not be liable for any use or disclosure of any Hirer Submission.
  3. COPYRIGHT COMPLAINTS
    1. Copyright Policy. JOBILITY takes claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the JOBILITY Platform infringe your copyright, You may request removal of those materials (or access to them) from the JOBILITY Platform by submitting written notice to our Copyright Agent designated below.
    1. Notice to JOBILITY. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the JOBILITY Platform, a representative list of such works; (iii) identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact You (including your name, postal address, telephone number, and, if available, email address); (v) a statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; a statement that the information in the DMCA Notice is accurate; and (vi) a statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner. If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if You knowingly materially misrepresent that material or activity on the JOBILITY Platform is infringing your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
  •  Copyright Agent. DMCA Notices must be delivered to our designated Copyright Agent: info@JOBILITY.com
  •  Repeat Infringers. It is JOBILITY’s policy in appropriate circumstances to disable and/or terminate the Account of Users who are repeat infringers.
  1. DISCLAIMERS- THE JOBILITY PLATFORM IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. JOBILITY MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE JOBILITY PLATFORM, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. JOBILITY DOES NOT WARRANT THAT: (A) THE SERVICES (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE JOBILITY PLATFORM WILL BE CORRECTED. JOBILITY IS NOT LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE JOBILITY PLATFORM, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE JOBILITY PLATFORM, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE JOBILITY PLATFORM BY ANY THIRD PARTY. JOBILITY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE ON THE JOBILITY THE PLATFORM.
  1. LIMITATION OF LIABILITY- JOBILITY IS IN NO EVENT RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY PORTION THEREOF, EVEN IF JOBILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES IS JOBILITY LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OR OTHER NETWORK (INCLUDING WITHOUT LIMITATION PHONE NETWORK OR OTHER TELECOMMUNICATIONS NETWORK) FAILURES OR “BROWNOUTS,” COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, JOBILITY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE GREATER OF (1) FEES PAID BY YOU DURING THE SIX MONTHS PRECEDING THE DATE ON WHICH YOU NOTIFY JOBILITY OF A CLAIM, OR (2) [ONE HUNDRED] US DOLLARS.
  2.  INDEMNIFICATION- You will indemnify, defend, and hold harmless JOBILITY, its Affiliates, and their respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all Liabilities or Losses arising from or relating to any claim, suit, proceeding, demand, or action brought by You or a third party or other User against an Indemnified Party relating to: (a) use of the Service by You, your contractors, or your agents, including any payment obligations incurred through receipt of any Services; (b) any agreement entered into between You and a Gigee, including, but not limited to (i) claims of misclassification of a Gigee as an independent contractor; (ii) the classification of JOBILITY as an employer or joint employer of a Gigee engaged by You; or (iii) any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with these Terms by You, your contractors, or your agents; (d) failure to comply with applicable law by You, your contractors, or your agents; (e) negligence, willful misconduct, or fraud by You, your contractors, or your agents; (f) failure to pay Taxes by You, your contractors , or your agents; (g) failure to comply with the terms of the Third Party Payment Service Provider Agreement by You, your contractors, or your agents; (h) misclassification of Gigees as employees based on applicable legal guidelines; or (i) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by You, your contractors, or your agents.
  3. GOVERNING LAW- These Terms are governed by the Law of the State of New Jersey, without regard to any conflict of law rules that would result in the application of any other Law other than the Law of the State of New Jersey.
  4. DISPUTE RESOLUTION
    1. All disputes arising in connection with these Terms will be settled, if possible, by negotiation between the parties. If settlement cannot be reached by negotiation within 30 days after either party first gives notice of a dispute, then the dispute will be settled by final and binding arbitration pursuant to this Section 19.
    1. Except as otherwise provided herein, arbitration will be conducted in Middlesex County, New Jersey, in accordance with the AAA’s Commercial Arbitration Rules, except as modified by this “Dispute Resolution” section. There will be one neutral arbitrator, selected by JOBILITY in JOBILITY’s sole discretion. The arbitrator must follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 16. The arbitrator will have no authority to award punitive, consequential, or liquidated damages. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection with the arbitration. The award rendered may be entered and enforced in a court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Except as may be required by law, neither JOBILITY, Hirer, nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both JOBILITY and the Hirer, unless to protect or pursue a legal right.
    1.  In the event that Section 19.b is found not to apply to You or to a particular claim or dispute (except for small-claims court actions), You agree that any claim or dispute that has arisen or may arise between You and JOBILITY must be resolved exclusively by a state court in Middlesex County, New Jersey or federal court located in New Jersey. You and JOBILITY agree to submit to the personal jurisdiction of the courts located within the State of New Jersey for the purpose of litigating all such claims or disputes.
    1. Use of the Service is not authorized outside of the United States or in any jurisdiction that does not give effect to all provisions of these Terms (including without limitation, this section). You understand that, in return for agreement to this provision, JOBILITY is able to offer the Service at the terms set forth in these Terms, and that your assent to this provision is an indispensable consideration to these Terms. You also acknowledge and understand that this provision governs with respect to any dispute with JOBILITY, its officers, directors, employees, agents or Affiliates, arising out of or relating to your use of the Service or arising from these Terms.
  • WAIVER OF JURY TRIAL.  EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY).
  • CLASS ACTION WAIVER. JOBILITY AND HIRER MUTUALLY AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION AND/OR COLLECTIVE ACTION, AND AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS AND/OR COLLECTIVE ACTION (“CLASS ACTION WAIVER”).  IN ANY CASE IN WHICH (1) THE DISPUTE IS FILED AS A CLASS AND/OR COLLECTIVE ACTION AND (2) THERE IS A FINAL DETERMINATION THAT ALL OR PART OF THE CLASS ACTION WAIVER IS UNENFORCEABLE, THE CLASS OR COLLECTIVE ACTION TO THAT EXTENT MUST BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION (IF AT ALL), BUT THE PORTION OF THE CLASS ACTION WAIVER THAT IS ENFORCEABLE SHALL BE ENFORCED IN ARBITRATION.
  1. Hirer’s. Hirer’s are required to provide a Certificate of Insurance that includes General Liability or Professional Insurance.
  2. TAXES–  Gig Payments, Gigee Fees, and JOBILITY’s Service Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Hirer is solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising out of this Agreement and its purchases hereunder, and Hirer is solely responsible for paying all Taxes associated with its purchases hereunder. Notwithstanding the foregoing, if JOBILITY has the legal obligation to pay or collect Taxes for which Hirer is responsible under this section, the appropriate amount shall be invoiced to and paid by Hirer.
  • RELATIONSHIPS BETWEEN JOBILITY, GIGEES, AND THE HIRERS
    • JOBILITY provides a platform through which Hirers and Gigees can buy and sell Services online. Under this Agreement (and JOBILITY’s service agreement with Gigees), JOBILITY provides services to both Hirers and Gigees, including the provision of a technology platform, aimed at facilitating the formation of contracts between Hirers and Gigees and informally managing disputes related to those contracts. Through the Platform, Hirers can post Service Requests (“Gig Posts”) and invite Gigees to accept. If a Hirer and Gigee agree on terms, including how a Gigee will be classified, a Contract is formed directly between such Hirer and Gigee.
    • The Parties expressly agree that no joint venture, partnership, employment, or agency agreement exists between them as a result of this Agreement or any use of the Application.
    • Gigee classification. Hirer assumes all liability for proper classification of Gigees as independent contractors or employees based on applicable legal guidelines. This Agreement does not create a partnership or agency relationship between Jobility, Hirer and Gigee. Hirer does not have authority to enter into written or oral — whether implied or express — contracts on behalf of JOBILITY. Hirer acknowledges that JOBILITY does not, in any way, supervise, direct, or control Gigee’s work or Gigs performed in any manner. JOBILITY does not set Gigee’s work hours and location of work, nor is JOBILITY involved in determining the type or manner compensation to be paid for any Gig. JOBILITY will not provide Gigee with training or any equipment, labor, or materials needed for a particular Gig Request. JOBILITY will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee except amounts for Insurance as expressly listed above in Section 20. Hirer and Gigee 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 Gigee’s performance of Service Requests. For Contracts classified as independent contractor relationships, Hirer may not require an exclusive relationship between Hirer and Gigee. A Gigee classified as independent contractor is free at all times to perform Requests, be employed by or otherwise engage with persons or businesses other than Hirer, including any competitor of Hirer. Hirer and Gigee agree to indemnify, hold harmless and defend JOBILITY from any and all claims arising out of or related to their Service Request, including but not limited to claims that Gigee was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Gigee was misclassified (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that JOBILITY or Hirer was an employer or joint employer of Gigee, 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. Hirer warrants it will comply with all applicable wage and hour laws, including obligations under FLSA, or other federal, state, and local wage and hour laws.
  • MOBILE APPLICATION
    • License. As part of the Platform, Hirers are able to download and use the JOBILITY mobile application (the “Mobile Application”). Subject to these Terms, JOBILITY grants you a limited, revocable, non-exclusive and nontransferable license in the United States to: (i) download, install, and use the Mobile Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device); and (ii) access and use the Platform made available on such Mobile Device through the Mobile Application, strictly in accordance with these Terms.
    • Restrictions. You agree not to: (i) copy the Mobile Application, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile Application; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Mobile Application or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobile Application, including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile Application, or any features or functionality of the Mobile Application, to any third party for any reason, including by making the Mobile Application available on a network where it is capable of being accessed by more than one device at any time; or (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile Application.
    • Reservation of Rights. You acknowledge and agree that the Mobile Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Mobile Application under these Terms, or any other rights thereto other than to use the Mobile Application in accordance with these Terms and the license granted herein. All other rights are expressly reserved to JOBILITY and its licensors.
    • Updates. JOBILITY may from time to time in its sole discretion develop and provide Mobile Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that JOBILITY has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Mobile Application will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Mobile Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile Application and be subject to these Terms.
    • Export Regulations. The Mobile Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Mobile Application to, or make the Mobile Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Mobile Application available outside the US.
    • Mobile Device Access. To the extent you access the Platform through a Mobile Device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
  • MISCELLANEOUS- The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. If a court or arbitrator decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
  •  DEFINITIONS
  1. Affiliates” means, with respect to any Person, any other Person that (i) directly or indirectly owns or controls such Person, (ii) is directly or indirectly owned or controlled by such Person, or (iii) is under common control with such Person. For the purpose of this definition control means holding a majority of the equity or otherwise having the power to direct or cause the direction of the management and policies of an entity.
    1. Aggregate Data” means de-identified aggregated data or information regarding: Gigees’ educational or career history (including, by way of example and not limitation, aggregate data relating to Users’ occupation, location, salary, education and experience); Hirers’ requests for Gigs (including, by way of example and not limitation, skills requirements, hiring preferences and frequency, and compensation data); and any other information regarding Users of the Service.
    1. Hirer Data” means any and all brochures, emails, sample and actual job postings, web site content, audio, videos, photographs, logos, trademarks, service marks, domain names, Documents, data, information, comments or other content provided to JOBILITY by a Hirer or otherwise transmitted through a Hirer’s use of the Service.
    1. Content” includes all Text, Graphics, Design and Programming used on or in the Service.
    1. Design” includes the color combinations and the page layout of the JOBILITY Platform.
    1. Document” refers to any material posted to the Service by any User.
    1. Graphics” includes all logos, buttons, and other graphical elements on the JOBILITY Platform, with the exception of paid advertising banners.
    1. Law” or “Laws” means all laws, rules, regulations, codes, statutes, ordinances, treaties, and/or governmental orders, including the common law.
    1. Liability” or “Liabilities” means any liability, indebtedness, fine, penalty or obligation (whether known or unknown, whether asserted or unasserted, whether absolute or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, and whether due or to become due).
    1. Loss” or “Losses” means any and all damages, fines, assessments, charges, levies, fees, penalties, deficiencies, losses and expenses (including all remediation costs, reasonable fees of attorneys, accountants and other experts, or other expenses of litigation or proceedings or of any claim, default or assessment).
    1. Mobile Application(s)” means any computer program, application software, or web app, designed to run on a mobile device, such as a smart phone or tablet computer,  developed, owned, maintained, licensed or operated by JOBILITY and used by You in connection with the Services and by JOBILITY in connection with the delivery of the Services.
    1. Person” means any natural person, corporation, unincorporated organization, partnership, association, joint stock company, limited liability company, joint venture, trust or government, or any agency or political subdivision of any government, or any other entity.
    1. Platform” includes JOBILITY’s Web Site and Mobile Applications.
    1. Programming” includes both Hirer-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Service.
    1. JOBILITY Materials” includes any materials, methodologies, implementation plans, software or other intellectual property used during the provision of Services.
    1. Web Site” means www.JOBILITY.com and any other web site operated by JOBILITY and includes such web sites’ Content, Text, Graphics, Design, Programming, JOBILITY Materials and Services (as applicable in each context).
    1. Text” includes all text on every page of the JOBILITY Web Site, whether editorial, navigational, or instructional.
    1. User” refers to any Person that uses any aspect of the Service.
    1. Usage Data” means any data reflecting the access or use of the Service by or on behalf of Hirers, Gigees, or any other Users, including any end user profile, visit, session, impression, click through or click stream data and any statistical or other analysis, information or data based on or derived from any of the foregoing.

Work outside the box

You only live once, make the most of every moment by making work work around you.

Jobility is currently available in NY, NJ and CT. Not in your area yet? CONTACT US.

×
Gigees
 
Login as a Gigee and get gigging!
 
Complete your profile, add your availability and start getting matched with your perfect gigs.
 
Don't have and account?
Hirers
 
Login as a Hirer and start hiring!
 
Complete your profile, create your gigs and start getting perfect matches for your gigs.
 
Don't have and account?