SYDEWORK TERMS AND CONDITIONS

Here are our terms and conditions. Please contact us here if you have any other questions. Thanks for connecting.

 

The SydeWork terms & conditions (updated November 2019) outline SydeWork’s and Your obligations and responsibilities on the SydeWork Website, App, and Services.

 

Please read these Terms and Conditions carefully. By clicking on the “I accept” button, you represent that (1) you have read, understand, and agree to be bound by these terms of use, including those additional terms of use and policies referenced herein and/or available by hyperlink, (2) you are of legal age to form a binding contract with

SydeWork or you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site, and (3) you have the authority to enter into the terms of use personally or on behalf of the company you have named as the user, and to bind that company to the terms of use.

 

The term "you" refers to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content, individuals or legal entities. The term “Company” refers to SydeWork. The term “SydeWorker” refers to the individual performing the services to fulfil the duties listed in the post. The term “SydePoster” refers to the individual publishing the job to be completed.

 

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR SERVICES.

 

1. SCOPE OF SYDEWORK’S WEBSITE, APP, AND SERVICES

1.1 SydeWork provides the SydeWork Website, App, and Services to enable Users to publish Posted Jobs.

1.2 SydeWorkers may make an Offer in response to a Posted Job. Some parts of Posted Job details may be made publicly available, including to internet users who are not Users.

1.3 A SydePoster may revoke or modify a Posted Job at any time before he/she accepts an Offer. SydeWork reserves the right to cancel all Offers on a Posted Job made prior to the modification.

1.4 If a SydePoster accepts an Offer on the SydeWork Website, App, or Services, the Posted Job becomes unavailable to other SydeWorkers. SydeWork in its sole and absolute discretion may make a Posted Job available again to other SydeWorkers if it deems necessary.

1.5 Upon acceptance of the Offer, the SydePoster and SydeWorker have created an Executory Job Contract that outlines the obligations each party owes to the other and specifies the Services, Agreed Price, start date, end date, and estimated duration of the Posted Job. The SydePoster and SydeWorker are encouraged to use SydeWork’s private messaging system to amend or vary the Executory Job Contract (including the Agreed Price) or to otherwise communicate.

1.6 SydeWork may in its sole discretion require additional paperwork be completed by Users and returned to SydeWork before Services may be rendered through the SydeWork platform. For Services exceeding $600, Users must complete and return to SydeWork a Form 1099 from the Internal Revenue Service, and any other other paperwork SydeWork deems necessary.

1.7 Both parties, the SydePoster and SydeWorker acknowledge and agree that the duties under the Executory Job Contract are not fully performed, but a promise to modify the contract is binding if the modification is fair and equitable in view of circumstances not anticipated by the parties when the contract was made.

1.8 Upon creation of an Executory Job Contract, the SydePoster must pay the Agreed Price into the Payment Account.

1.9 Upon creation of the Executory Job Contract, SydeWork has rendered SydeWork Services and the Service Fee is due and payable.

1.10 If either party wishes to amend or modify the terms of the Executory Job Contract, including terms regarding time, date, duration, Services, and Agreed Price, the parties may agree to do so and the original promise is still binding if the modification is fair and equitable in view of circumstances not anticipated by the parties when the contract was made.

1.11 In the case that the parties agree to modify the contract terms, both parties, the SydeWorker and SydePoster, must record that amendment or modification on the SydeWork Website, App, or Services. Failure to update the Executory Job Contract with amendments or modification may result in SydeWork’s cancellation or suspension of the User’s account, including removal of all Posts and Offers by those Users. 

1.12 If the SydePoster and the SydeWorker fail to reach an agreement regarding the modification of terms, the Original Executory Job Contract stands and both parties must fulfill the duties outlined in the Original Executory Job Contract. SydeWork does not have any obligations to either party.

1.13 Once the Services in the Executory Job Contract are complete, the SydeWorker must provide notice of completion on the SydeWork Platform.

1.14 Once the Services in the Executory Job Contract are complete, the SydePoster must provide notice of completion on the SydeWork Platform.

1.15 Once the Posted Job has been completed and the SydePoster confirms the Services are completed, or if SydeWork is satisfied the Services have been completed, the SydePoster Funds in the Payment Account will be released by SydeWork from the Payment Account to the SydeWorker. The SydeWorker will receive the Payment in their nominated bank account after at least 24 hours.

1.16 After the Job Contract is completed, the parties are encouraged to review and provide feedback of the Job on the SydeWork Platform.

1.17 SydeWork may also provide a Search feature enabling SydePosters to submit a Post to a specific SydeWorker.

1.18 A SydeWorker has 24 hours to reply with an Offer from the Search feature, making a Direct Claim. After 24 hours, the Post will become public to other Users and visitors to the website, app, and services. 

1.19 When using Search, an Executory Job Contract is created when a SydeWorker makes a Direct Claim.

1.20 A SydePoster may revoke or modify its Post in using Search Assist at any time before a SydeWorker makes a Direct Claim. SydeWork reserves the right to cancel all Posts made prior to the revocation or modification.

2. SYDEWORK’S ROLE AND OBLIGATIONS

2.1 SydeWork provides the SydeWork Platform only, enabling Users to publish posts and make Offers on posts.

2.2 SydeWork only permits individuals over 18 years of age to become Users. SydeWork’s website, app, and services are not targeted toward or intended for use by anyone under the age of 18. You may not use the Services or sign up for a User account if you are not at least 18 years of age. If we later discover or suspect that a person is at least 18 years of age, we reserve the right to take steps to cancel access to the Service, including cancellation of such person’s account.

2.3 Users must be natural persons, but can specify within their account description that they represent a Business entity. Employees working for a business that is registered as a User acknowledge that they are agents of the Business registered as a User and that the Business is fully liable for acts performed within the scope of their duties and obligations as an employee. Businesses registered as Users fully acknowledge that their employees are their agents and are completely liable for any acts performed by their employees that are within the scope of their duties and obligations as an employee.

2.4 At its absolute discretion, SydeWork may refuse to allow any person to register or create an account with SydeWork or cancel or suspend or modify any existing account including if SydeWork reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the SydeWork Platform.

2.5 In its absolute discretion, SydeWork may modify or make changes to the Website, App, and Services at any time for any reason without notice, including but not limited to content changes. The Company has no obligation to make updates to information. You agree that it is your responsibility to monitor changes to SydeWork’s content.

2.6 Registering and creating an account with SydeWork is free. There is no charge for a SydePoster to post or for other SydeWork Users to review content on the SydeWork Platform, including posted jobs.

2.7 SydeWork accepts no liability for any aspect of the SydePoster and SydeWorker interaction, including but not limited to the description, performance or delivery of Services.

2.8 SydeWork has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of SydeWorkers to perform jobs or supply items, or the honesty or accuracy of any information provided by SydePosters or the SydePosters' ability to pay for the Services requested.

2.9 THE SYDEWORK SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. To the extent permitted by law, we and our affiliates specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

2.10 SydeWork has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.

3. USER OBLIGATIONS

By clicking the “I Accept” button, you agree that:

3.1 You will at all times:

(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;

(b) only post accurate information on the SydeWork Website, App, and Services;

(c) ensure that You are aware of any laws that apply to You as a SydePoster or SydeWorker, or in relation to using the SydeWork Website, App, and Services; AND

3.2 You may not use the Services or register as a User if you are not at least 18 years of age. SydeWork’s website, app, and services are not targeted toward or intended for use by anyone under the age of 18. SydeWork only permits individuals over 18 years of age to become Users.  If we later discover or suspect that a person is at least 18 years of age, we reserve the right to take steps to cancel access to the Service, including cancellation of such person’s User’s account.

3.3 You also agree that you will NOT:

  1. reproduce, duplicate, copy, distribute, republish, download, display, reverse engineer, sell, resell or exploit any portion of or content on the Website, App, or Service, or any contact on the website through which the service is provided, without express permission from SydeWork;

  2. use our website, app, or services for any unlawful or unauthorized purpose, or to solicit others to perform or participate in unlawful acts, or violate our intellectual property rights or the intellectual property rights of others;

  3. submit false, inaccurate, misleading, or deceptive information; or submit or post obscene material or images that, in SydeWork’s sole discretion, is any way inappropriate or unlawful.

  4. collect or track the personal information of others, or use the website or services to spam, phish, pharm, pretext, spider, crawl, or scrape;

  5. upload or transmit any worms or viruses or any code of a destructive nature or any type of malicious code that will or may be used in a way that will affect the functionality or operation of the website or service or any other websites or the internet;

  6. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  7. use manual or automated software to download data from the website or services, break, copy, recreate, republish, or reverse engineer the website or services;

  8. use or access the website or services to build a competing or similar website;

  9. use or access the website or services for any obscene or immoral purpose; or

  10. interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

  11. infringe on SydeWork’s or any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

 

3.4 You agree to grant SydeWork a worldwide, perpetual, royalty-free license to use, reproduce, edit, distribute, translate, public, perform, or create derivative works from any material posted or provided to the website, application, or services for any purpose including commercial and advertising purposes in any medium. By granting us this license or right, we are under no obligation to: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

3.5 You agree you will maintain control of your SydeWork account at all times. Including not permitting others to use your account or transferring or selling your account or any of its content to another person.

3.6 You agree that any information you supply or publish to SydeWork will be up to date and kept up to date and is a truthful representation of the information requested.

3.7 You agree that SydeWork may from time to time engage location-based or map-based functionality. The SydeWork Platform may display the location of SydePosters and SydeWorkers to persons browsing the SydeWork Platform. A SydePoster should never disclose personal details such as the SydePoster's full name, street number, phone number or email address in a Post or in any other public communication on the SydeWork Platform.

3.8 If You are a SydeWorker, You have the right to provide Services under an Executory Job Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment received under an Executory Job Contract.

3.9 You must not, when supplying Services, charge a SydePoster any fees on top of the negotiated Executory Job Contract price.

3.10 You must not request payments outside of the SydeWork Platform from the SydePoster for the Services except to the extent permitted by clause 3.11 and only if the SydeWork Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.11.

3.11 If a SydeWorker agrees to pay some costs of completing the Services, such as equipment or supplies to complete the Services, the SydeWorker is solely responsible for obtaining any reimbursement from the SydePoster.

SydeWork strongly advises SydeWorkers not to agree to incur costs in advance of receiving the payment for these costs, unless the SydeWorker is confident the SydePoster will reimburse the costs promptly.

3.12 SydeWorkers may subcontract part of the performance of Services to a third party, so long as that third-party is also a registered SydeWork User. The SydeWorker who originally created the Executory Job Contract with the SydePoster is ultimately responsible for any and all duties and Services outlined in the Executory Job Contract. Contracts between other SydeWorkers and third-parties are between themselves. SydeWork may refuse to recognize any subcontractor contract in its sole discretion without notice.  

3.13 If SydeWork determines at its sole discretion that any User, SydePoster, or SydeWorker has breached any obligation under this section or has breached one or more Job Contracts, it reserves the right to remove any content, Posted Job, Offer, or any other material submitted to the SydeWork Website, App, or Services or cancel or suspend the User, SydePoster, or SydeWorker’s account and/or any Executory Job Contracts.

4. FEES

4.1 Upon creation of the Executory Job Contract, SydeWork has rendered SydeWork Services and the Service Fee is due and payable. The Service Fee will automatically be deducted from the Agreed Price held in the Payment Account.

4.2 If the Posted Job requires a SydeWorker to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.

4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider.

4.4 All Fees and charges payable to SydeWork are non-cancellable and non-refundable.

4.5 SydeWork may restrict a User's account until all Fees have been paid.

5. CANCELLATIONS AND REFUNDS

5.1 If the Executory Job Contract is cancelled by a SydeWorker for any reason after the SydePoster’s acceptance of the Offer, or if SydeWork is reasonably satisfied that the Agreed Price should be returned to the SydePoster, then the Agreed Price will be refunded to the SydePoster.

5.2 If the Executory Job Contract is cancelled by a SydePoster for any reason after the SydePoster’s acceptance of the Offer, or if SydeWork is reasonably satisfied that the Agreed Price should be returned to the SydePoster, then the Agreed Price will be refunded to the SydePoster and a Cancellation Fee will be due to SydeWork by the SydePoster.

5.3 SydeWork may decide in its absolute discretion to refund the Agreed Price back onto the SydePoster's credit card or bank account or waive the Cancellation Admin Fee. The SydePoster may be responsible for any cancellation fee associated with a third-party service (e.g. Stripe/PayPal).

5.4 Any amount returned by SydeWork to a SydePoster on behalf of a SydeWorker under clause 5.1 or 5.2 will be a debt owed by the SydeWorker to SydeWork.

5.5 Any outstanding Cancellation Admin Fee owed by a User under clause 5.1 or 5. will be a debt owed by that User to SydeWork.

5.6 Cancellation of an Executory Job Contract will be attributable to the SydeWorker where:

(a) the SydePoster and the SydeWorker mutually agree to cancel the Executory Job Contract; or

(b) following reasonable but unsuccessful attempts by a SydePoster to contact a SydeWorker to perform the Executory Job Contract, the Executory Job Contract is cancelled by the SydePoster; or

(c) the SydeWorker cancels the Executory Job Contract; or

(d) an Executory Job Contract is cancelled in accordance with clause 3.13 as a result of the SydeWorker’s actions or breach.

5.7 A Cancellation of an Executory Job Contract will be attributable to a SydePoster where:

(a) the SydePoster cancels the Executory Job Contract (other than in accordance with clause 5.5(b); or

(b) an Executory Job Contract is cancelled in accordance with clause 3.13 as a result of the SydePoster’s actions or breach.

5.8 If the parties agree to any additional cancellation fee payable under the Executory Job Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

5.9 SydeWork may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the SydePoster.

5.10 If, for any reason, the SydePoster Funds cannot be transferred or otherwise made to the SydeWorker or returned to the SydePoster (as the case may be) or no claim is otherwise made for the Agreed Price Funds, the SydePoster Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the SydePoster initially paid the Agreed Price into the Payment Account.

5.11 If the Executory Job Contract is cancelled and a User who is party to the Executory Job Contract can show that work under a Executory Job Contract was commenced, then the amount of the Agreed Price to be returned to the SydePoster will be conditional upon the mediation and dispute process in clause 23. However, the Cancellation Admin Fee will always be due in accordance with clause 5.1.

6. PAYMENT FACILITY

6.1 Payment processing services for all Users on the SydeWork Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a User on SydeWork, 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 SydeWork enabling payment processing services through Stripe, you agree to provide SydeWork accurate and complete information about you and your business, and you authorize SydeWork to share it and transaction information related to your use of the payment processing services provided by Stripe.

6.2 If SydeWork changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

7. THIRD PARTY SERVICES

7.1 SydeWork may from time to time include Third Party Services on the SydeWork Platform. These Third Party Services are not provided by SydeWork. SydeWork is not responsible or liable for the accuracy of the content, any harm or damages, or the efficacy of other third-party websites that are not affiliated with us.

7.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. SydeWork provides access to third-party tools “as is” and “as available” without any warranties, express or implied, or any endorsement. Any use by you of optional tools is entirely at your own risk and discretion.

7.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.

7.4 SydeWork may provide links to other third-party websites, but it is not responsible for monitoring their content for accuracy or any other purpose, nor does SydeWork warrant any materials, products, or services from third-party sites.

8. VERIFICATION

8.1 SydeWork may use Identity Verification Services and all new Users may be subject to a background check before any Services or Posts may be completed through the site.

8.2 You agree that SydeWork Identity Verification Services may not be fully accurate as all SydeWork Services are dependant on User-supplied information and/or information or Verification Services provided by third parties.

8.3 You are solely responsible for identity verification and SydeWork accepts no responsibility for any use that is made of a SydeWork Identity Verification Service.

8.4 SydeWork Identity Verification Services may be modified at any time.

8.5 The SydeWork Platform may also include a User-initiated feedback system to help evaluate Users.

8.6 SydeWork may make Badges available to SydeWorkers. The Badge may be requested by the SydeWorker via the SydeWork Platform, and arranged on behalf of the SydeWorker and issued by SydeWork, for a fee.

8.7 It is the SydeWorker’s responsibility to ensure that information or documentation provided in obtaining a Badge is true and accurate and must inform SydeWork immediately if a Badge is no longer valid.

8.8 SydeWork may, at its discretion, issue Badges to SydeWorkers for a fee.

8.9 The issue of a Badge to a SydeWorker remains in the control of SydeWork and the display and use of a Badge is licensed to the SydeWorker for use on the SydeWork Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the SydeWork Platform.

8.10 SydeWork may, in its sole discretion, refuse to issue, or remove without notice, a Badge if a User is in breach of any of the terms of this Agreement; or the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid, or for any other reason.

9. INSURANCE

9.1 SydeWork does NOT provide insurance to Users of the SydeWork Website, App, or Services.

9.2 Users must make their own inquiries about whether any further insurance is required. SydeWorkers remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users on the SydeWork Platform. 

9.3 SydeWork strongly encourages Users to seek advice and guidance from a licensed insurance agent regarding their liability insurance needs.

9.4 SydeWork may also take out other insurance itself and that insurance may at SydeWork’s option extend some types of cover to Users. SydeWork reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the SydeWork website and the policy details can be requested via SydeWork. Users are responsible for familiarizing themselves with these details.

9.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a SydeWorker, and the insurance taken out by SydeWork (if any) responds to that claim then this clause applies. If a claim is made against a SydeWorker, SydeWork may (provided that the SydeWorker consents) elect to make a claim under any applicable policy. However, SydeWork is under no duty to make a claim and is not responsible for User’s insurance claims. If the claim is successful, SydeWork reserves its right to recover any excess or deductible payable in respect of the claim from the SydeWorker. Where SydeWork makes a claim and the insurer assesses that the SydeWorker is responsible, SydeWork is entitled to rely on that assessment. If You do not pay any excess due under this clause, SydeWork may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.

9.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a SydeWorker, and the insurance taken out by SydeWork (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. SydeWork may elect to reject or pay an amount to settle a claim not covered by SydeWork’s own insurance policies. To the extent that the SydeWorker was or would be liable for the amount of the claim, if SydeWork elects to pay an amount to settle the claim the amount paid by SydeWork may be recovered by SydeWork from the SydeWorker. SydeWork may also elect to set this amount off against future moneys it may owe to the SydeWorker.

10. FEEDBACK

10.1 SydeWork encourages Users to submit feedback after a Job is completed. Users may rate other Users on a 5-star scale and provide comments.  You can complain about any comment made on the SydeWork Platform using the 'Report' function of the SydeWork Platform or contact SydeWork via the SydeWork Platform.

10.2 SydeWork reserves the right to make any and all User content public on the SydeWork Website, App, and Services.

10.3 SydeWork reserves the right to remove any and all User content on the SydeWork platform for any reason in its sole discretion.

10.4 SydeWork is entitled to suspend or terminate any User’s account at any time if SydeWork, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other SydeWork Users.

11. LIMITATION OF LIABILITY

11.1 You understand that in no case shall SydeWork or any of its officers, directors, employees, affiliates, agents, contractors, interns, suppliers, or licensors be liable for any injury, loss, claim, or any indirect, incidental, special, consequential or exemplary damages (even if such parties were advised of the possibility of such damages) arising out of or related to your use of the website, services, or products, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise. The parties acknowledge that the terms of this paragraph reflect the allocation of risk set forth in this Terms and Conditions Agreement and that the parties would not enter into this agreement without these limitations of liability. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

12. PRIVACY

12.1 Any personal information volunteered on the SydeWork Website, App, or Services is governed by our Privacy Policy.

13. MODIFICATIONS TO THE AGREEMENT

13.1 SydeWork may modify these Terms or the Policies at any time in its sole discretion without notifying the user.

13.2 When changes are made, SydeWork will make a new copy of the Terms and Conditions available on the SydeWork website and will list the “Last Updated” date at the top of the Terms and Conditions.

13.3 Any changes to the Terms of Use will be effective immediately for all users of SydeWork’s Website, App, and Services. SydeWork may require you to provide consent to the updated Terms and Conditions before further use of Website, App, or Services is permitted.

13.4 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify SydeWork who will terminate Your SydeWork account, and stop using the SydeWork Website, App, or Services.

14. NO AGENCY

14.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind SydeWork, its related entities or affiliates in any way whatsoever. SydeWork confirms that all Third Party Services that may be promoted on the SydeWork Platform are provided solely by such Third Party Service providers. To the extent permitted by law, SydeWork specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.

15. NOTICES

15.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to SydeWork’s contact address as displayed on the SydeWork Platform, or to SydeWork Users' contact address as provided at registration. Any notice shall be deemed given:

(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and

(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your SydeWork Platform account.

15.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

15.3 You agree that you are responsible for providing SydeWork with a valid and your most current email address so that SydeWork can provide you with notice. If your email address is not valid or SydeWork emailed you at an invalid or old email address provided by you, SydeWork’s dispatch of that email containing the notice constitutes effective notice.

16. ELECTRONIC COMMUNICATION

16.1 You agree that emails and online communication for contractual means satisfy the legal requirement that those agreements be in writing.

17. ASSIGNMENT

17.1 The rights and obligations that you agreed to in this Terms of Use are yours and yours alone. You cannot assign, delegate, transfer, or shift these rights and obligations to another by any other means. Any attempt to do so will be considered null and void.

18. INDEMNIFICATION

18.1 You agree to indemnify, defend and hold harmless SydeWork, including all agents, contractors, interns, employees, representatives, suppliers, service providers, licensors, affiliates, officers and directors of SydeWork from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, including reasonable attorneys' fees made by any third-party arising out of your breach of these Terms and Conditions and referenced policies, or by your violation or any law, or by your violation of the rights of any third-party.

19. ENTIRE AGREEMENT

19.1 These Terms of Use and referenced policies are the final, complete and exclusive agreement between you and Gracie Girl Bakery and govern your use of the website, services, and products, and supersede all prior discussions, proposals, or understandings between you and Gracie Girl Bakery.

19.2 Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

20. SEVERABILITY

20.1 An issue in one portion of this Terms of Use does not invalidate the other provisions.

20.2 If any provision or portion of this Terms of Use Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed severed from this Terms of Use agreement so that it is valid and enforceable to the maximum extent permitted by applicable law.

21. WAIVER

21.1 Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

22. GOVERNING LAW

22.1 This Terms of Use agreement and referenced policies therein are governed by the laws of the State of Wisconsin.

23. MEDIATION AND DISPUTE RESOLUTION

23.1 SydeWork encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that SydeWork may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.

23.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.

23.3 SydeWork may elect to assist Users resolve disputes. Any User may refer a dispute to SydeWork. You must cooperate with any investigation undertaken by SydeWork. SydeWork reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or SydeWork’s determination in an applicable court or tribunal.

23.4 SydeWork has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.

23.5 SydeWork may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.

23.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.

23.7 If You have a complaint about the SydeWork Service please contact us at 1-262-470-3152 or colin@sydework.com.  

23.8 If SydeWork provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to SydeWork for any costs, losses or liabilities incurred by SydeWork in relation to any claims relating to any other use of information not permitted by this Agreement.

24. TERMINATION

24.1 Any User may terminate their account at anytime for any reason.

24.2 SydeWork may terminate any User’s account at anytime for any reason in its absolute discretion.

24.2 Termination of this Agreement does not affect any Executory Job Contract that has been formed between SydeWork Users.

24.3 Upon Termination, SydeWork will retain all User information until all Jobs and Payments have been completed by that User.

24.4 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.

24.5 Clauses 4 (Fees), 11 (Limitation of Liability) and 23 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

24.6 If Your account or this Agreement are terminated for any reason then You may not without SydeWork’s consent (in its absolute discretion) create any further accounts with SydeWork and we may terminate any other accounts You operate.

 

Revised January 2020 copyright SydeWork 2019

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A:

MODEL EXECUTORY JOB CONTRACT

An Executory Job Contract is created in accordance with the SydeWork Agreement. Unless otherwise agreed, the SydePoster and the SydeWorker enter into an Executory Job Contract on the following terms:

1. COMMENCEMENT DATE AND TERM

1.1 The Executory Job Contract is created when the SydePoster accepts the SydeWorker’s Offer on a Posted Job to provide Services. When using Search Assist, the Executory Job Contract is created when the SydeWorker makes an Instant Claim.

1.2 The Contract will continue until the duties and obligations of each party are fully completed or until terminated in accordance with clause 7.

2. SERVICES

2.1 The SydeWorker will perform Services in a proper and workmanlike manner.

2.2 The SydeWorker must perform the Services at the time and location agreed.

2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Executory Job Contract.

2.4 The parties acknowledge that the Executory Job Contract is one of personal service where the SydePoster selected the SydeWorker to perform the Services. Therefore, the SydeWorker must not subcontract any part of the Services to any third party without the SydePoster's consent.

2.5 The SydeWorker remains responsible and liable at all times to the SydePoster for any acts or omissions of a subcontractor as if those acts or omissions had been made by the SydeWorker.

3. WARRANTIES

3.1 Each party warrants that the information provided in the creation of the Executory Job Contract is true and accurate.

3.2 The SydeWorker warrants that they have (and any subcontractor has?) the right to work and provide Services and hold all relevant licenses in the jurisdiction where the Services are performed.

4 PAYMENT OR CANCELLATION

4.1 Upon the creation of the Executory Job Contract, the SydePoster must pay the Agreed Price into the Payment Account.

4.2 Upon the Services being completed, the SydeWorker will provide notice on the SydeWork Platform.

4.3 The SydePoster will be prompted to confirm the Services are complete. If the SydeWorker has completed the Services in accordance with clause 2, the SydePoster must use the SydeWork Platform to release the SydeWorker Funds from the Payment Account.

4.4 If the parties agree to cancel the Executory Job Contract, or the SydePoster is unable to contact the SydeWorker to perform the Executory Job Contract, the SydeWorker Funds will be dealt with in accordance with the User's SydeWork Agreement (SydeWork’s Terms and Conditions).

5. LIMITATION OF LIABILITY

5.1 Except for Non-Excludable Conditions, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Executory Job Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.

5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

6. DISPUTES

6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to SydeWork and act in accordance with clause 23 of the SydeWork Terms and Conditions.

7. TERMINATION OF CONTRACT

The Executory Job Contract will terminate when:

(a) the Services are completed and the Agreed Price is released from the Payment Account;

(b) a party is terminated or suspended from the SydeWork Platform;

(c) otherwise agreed by the parties or the Third Party Dispute Service; or

(d) notified by SydeWork of cancellation in accordance with SydeWork’s Terms and Conditions.

8. APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.

9. GOVERNING LAW

The Executory Job Contract is governed by the laws of the jurisdiction where the Posted Job was posted on the SydeWork Platform.

© 2019 by SydeWork LLC. , All rights reserved

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