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.
- 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.
- 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.
- 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.
- 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
will be provided with a Gigee’s Basic Background Check as part of the Services.
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”).
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.
- 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:
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.
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;
possess a valid EIN tax ID number.
ensure all content of any Document You post to the Service is accurate and
complete in all respects;
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:
or links to web sites other than to recruitment related pages on your company
web site (unless otherwise agreed to in writing by JOBILITY);
material (unless You own the copyright or have the owner’s permission to post
the copyrighted material, subject to Section 14 herein);
secrets (unless You own them or have the owner’s permission to post them);
that infringes on or misappropriates any other intellectual property rights, or
violates the privacy or publicity rights of others;
keywords or white text keywords (including any words embedded in the Document
and hidden from the User);
that is discriminatory, sexually explicit, obscene, libelous, defamatory,
threatening, harassing, abusive, or hateful; or
that is embarrassing or offensive to another person or entity.
- You represent and warrant that You will not use a
false, inaccurate, or misleading information, opinions, or notices (commercial
or otherwise) or chain letters; or
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
- 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
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.
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.
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.
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
- 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.
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
- 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
- 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.
- 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
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.
- 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.
- 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
Infringers. It is JOBILITY’s policy in appropriate circumstances to disable
and/or terminate the Account of Users who are repeat infringers.
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.
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.
- 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
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.
- 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.
- 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.
- 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.
- 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.
- Hirer’s. Hirer’s are required to provide a Certificate
of Insurance that includes General Liability or Professional Insurance.
- 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.
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
- 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
- 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
- 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.
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
- “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.
- “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.
- “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.
- “Content” includes all Text, Graphics, Design
and Programming used on or in the Service.
- “Design” includes the color combinations and the
page layout of the JOBILITY Platform.
- “Document” refers to any material posted to the
Service by any User.
- “Graphics” includes all logos, buttons, and
other graphical elements on the JOBILITY Platform, with the exception of paid
- “Law” or “Laws” means all laws, rules,
regulations, codes, statutes, ordinances, treaties, and/or governmental orders,
including the common law.
- “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
- “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).
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
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
- “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.
- “Platform” includes JOBILITY’s Web Site and
- “Programming” includes both Hirer-side code
databases, etc.) used on the Service.
- “JOBILITY Materials” includes any materials,
methodologies, implementation plans, software or other intellectual property
used during the provision of Services.
- “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).
- “Text” includes all text on every page of the JOBILITY
Web Site, whether editorial, navigational, or instructional.
- “User” refers to any Person that uses any aspect
of the Service.
- “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.