Effectivity date : 03 May 2019
This Site is offered and available to users who are eighteen years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.
Our Customer Support team will be available if you have questions regarding the Site or Terms of Service. You may send your queries here.
Smalljobs.ph is an online marketplace that enables buyers of professional services (“Buyers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers”). The Website contains features that enable Freelancers and Buyers to do, among other things, the following:
Buyers: Create profiles, post jobs/projects, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award projects to Freelancers, manage projects, leave feedback for Freelancers, and pay Freelancers. Freelancers: Create profiles, advertise capabilities, submit quotes, negotiate with Buyers, obtain project awards, invoice, obtain feedback from Employers, and receive payment from Employers.
The following terms used in these Terms of Service have the following meanings:
“Account” means the account created by the Website upon registration of either a Buyer or Freelancer.
“Site” means the world wide web site operated by Smalljobs Inc. at http://www.smalljobs.ph or any replacement URL.
“Buyer” means a service buyer, a pre-registered user utilizing the Site to seek and/or obtain the services of a freelancer.
“Freelancer” means a service seller, a pre-registered user of the Site to promote and provide online services to a service buyer.
“Deliverables” means requests, intellectual property, or any other information or materials that a service buyer receives from a service seller under an agreed-upon service contract.
“Services” means all services performed for or delivered to a service buyer by a service seller.
“Service Fee” means, as applicable, the Project Fee, Service Buyer Payment Processing Fee, and other related fees to be paid the freelancer for services rendered to a service buyer.
“Payment Method” means a valid credit card issued by a bank acceptable to Smalljobs.ph, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Smalljobs.ph may accept from time to time in our sole discretion.
“Project Agreement” means the contractual provisions between a buyer and a freelancer governing the freelancer services to be performed by a freelancer for a buyer for an engagement.
If you have any additional questions or if you require any further assistance, please feel free to contact us at email@example.com
A. Eligibility. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Smalljobs.ph reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness. You agree not to register for more than one Buyer and one Freelancer account.
If you are a Freelancer, you represent and warrant that you use your Profile to market your services to others for the purpose of entering into independent contractor relationships with other users of the Site. You must be proficient in the use of the English language. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy and completeness. You agree to provide, update and to correct any information about your location, your educational background, your work experience, your skills, or the services you provide. You agree to provide a sample of your work (portfolio) and a short write-up or tagline on why a service buyer should choose you. You must have a bank account and agree to provide the details of your bank account. You will secure instant and continuous access to internet connection to ensure reliability of service to service buyers.
Please note that only completed account profiles will be listed in the system accordingly.
C. Accounts and Profiles.
General. Once you have registered with the Website as a Registered User, the Website will create your Account with Smalljobs.ph. Notifications of account activation shall be provided via email.
Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Smalljobs.ph to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
Marketplace feedback. You acknowledge and agree that feedback benefits the marketplace, and its users, and the efficiency of the Site and you specifically request that Smalljobs.ph post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, if any, will consist of comments, ratings, indicators of User satisfaction, and other feedback left by other Users. In order to protect the integrity of the feedback system and protect users from abuse, Smalljobs.ph reserves the right (but is under no obligation) to remove posted feedback or information that, in Smalljobs.ph’s sole judgment, violates the Terms of Service or negatively affects our marketplace. You acknowledge and agree that you will notify Smalljobs.ph of any error or inaccurate statement in your feedback results and that if you do not do so, Smalljobs.ph may rely on the accuracy of such information.
A. Buyer and Freelancer.
1. Project Agreement. The engagement, contracting and management of a project are between a Buyer and a Freelancer. Upon acceptance of a quote, the Buyer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Buyer and Freelancer including the Project Bid, Project Description, and other terms and conditions as communicated between Buyer and Freelancer on the Site or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the website by Smalljobs.ph (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. The buyer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. The Freelancer is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Buyer and freelancer each agrees to act with good faith and fair dealing in performance of the Project Agreement.
2. Independence. Buyer and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Buyer, or between Smalljobs.ph and any Buyer or Freelancer.
B. Registered Users and Smalljobs.ph
1. General. Smalljobs.ph is not a party to the dealing, contracting and fulfillment of any Project between a Buyer and a Freelancer. Smalljobs.ph has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of Buyers to pay for services, or that an Buyer or Freelancer can or will actually complete a Project. Smalljobs.ph is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Buyer and a Freelancer. Smalljobs.ph will not provide any Freelancer with any materials or tools to complete any Project. Buyers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
2. Third-Party Beneficiary of Project Agreement. Buyer and Freelancer each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Buyer and Freelancer therefore appoint Smalljobs.ph as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Smalljobs.ph by these Terms of Service. Buyers and Freelancers further agree that Smalljobs.ph has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Smalljobs.ph in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
3. Agency. These Terms of Service and any registration for or subsequent use of this Site by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Smalljobs.ph, except and solely to the extent expressly stated.
4. Taxes. Registered Users are responsible for payment and reporting of any taxes. Smalljobs.ph is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that you will abide by any and all applicable national, state, federal, and local tax statutes, regulations and common law.
1. Service Fee. The fees to use the Site and Site services are paid solely by the Freelancer by way of service fees. When a buyer pays a freelancer, or when funds related to an engagement are otherwise released to a freelancer as required by the service agreement, Smalljobs.ph will credit the amount to the freelancer’s bank account net of a service fee. Service fee amount is Fifteen (15%) percent of the project cost agreed between a buyer and a freelancer in their service agreement. The freelancer agrees to pay Smalljobs.ph the said service fee for using the Site’s communication, invoicing, payment services, and dispute resolution, including payment protection.
2. No Fee for Introducing or Finding Engagements. Smalljobs.ph does not introduce service buyers to freelancers and does not help freelancers secure work engagements. Smalljobs.ph merely makes the Site services available to enable freelancers to do so themselves. Therefore, Smalljobs.ph does not charge a fee when a freelancer finds a suitable buyer or finds an engagement. However, a buyer and a freelancer are obligated to use the Site to pay and receive payment for their work together if they identified each other through the Site. In addition, Smalljobs.ph does not charge any fee or dues for posting public feedback and composite or compiled feedback.
3. Disbursements to Freelancers. Smalljobs.ph disburses funds that are payable to a freelancer for an engagement (less any applicable Smalljobs.ph fees) to freelancers within five (5) working days after the freelancer Fees are due and payable from a service buyer. Notwithstanding any other provision of the Terms of Service and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the conditions and restrictions of the Site or the Terms of Service, Smalljobs.ph may hold the disbursement of the freelancer fees. Additionally, Smalljobs.ph may also hold the disbursement of the freelancer fees if: (a) we require additional information, such as freelancer’s tax information, government-issued identification, address, or date of birth; (b) we have rreason to believe the freelancer fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a service contract, this Agreement, or other Terms of Service; (e) we deem it necessary in connection with any investigation; or (f) as required by applicable law. In cases of fraud, abuse, or violation of the Terms of Service, smalljobs.ph reserves the right to revoke any payments and hold and reclaim all freelancer fees due to freelancer, unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with this Agreement yet we receive any chargeback. You agree that we have the right to obtain such reimbursement by charging any other accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of chargebacks is cause for revocation of your access to the Site.
4. Non-payment by Service Buyer. If a service buyer fails to pay the freelancer fees or any amounts due under the Terms of service, whether by canceling buyer’s credit or debit card, initiating an improper chargeback, or any other means, Smalljobs.ph may suspend or close the service buyer’s Account and revoke the service buyer’s access to the Site, including buyer’s authority to use the Site to process any additional payments, enter into service contracts, or obtain any additional freelancer services. Without limiting other available remedies, the buyer must pay Smalljobs.ph upon demand for amounts owed under the Terms of Service, plus interest on the outstanding amount at one and one-half (1.5%) percent per month, plus attorney’s fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Smalljobs.ph, at our discretion, may set off amounts due against other amounts received from or held by Smalljobs.ph for buyer, make appropriate reports to credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
5. No Return of Funds. Buyer acknowledges and agrees that Smalljobs.ph will charge buyer’s designated payment method for the freelancer fee, 24 hours after delivery and acceptance of a project deliverable. Therefore, and in consideration of the Site services provided by Smalljobs.ph, buyer agrees that once Smalljobs.ph charges the buyer’s designated payment method for the freelancer fees as provided in this Agreement or the Terms of Service, the charge is non-refundable, except as otherwise required by applicable law. Buyer also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for buyers to resolve disputes. To the extent permitted by applicable law, buyer therefore agrees not to ask its credit card company, bank, or other payment method provider to charge back any freelancer fees or other fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If buyer initiates a chargeback in violation of this Agreement, buyer agrees that Smalljobs.ph may dispute or appeal the chargeback and institute collection action against the buyer.
6. Formal Invoices and Taxes. Smalljobs.ph will have no responsibility for determining the necessity of issuing any formal invoices, or determining, remitting, or withholding any taxes applicable to the freelancer fees. A freelancer will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the freelancer fees and for issuing any invoices so required. The freelancer will also be solely responsible for determining whether: (a) Freelancer or Smalljobs.ph is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the freelancer fees and remitting any such taxes or charges to the appropriate authorities on behalf of itself or Smalljobs.ph, as appropriate; and (b) Smalljobs.ph is required by applicable law to withhold any amount of the freelancer fees and for notifying Smalljobs.ph of any such requirement and indemnifying Smalljobs.ph for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Smalljobs.ph, freelancer agrees to promptly cooperate with Smalljobs.ph and provide copies of freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing freelancer is engaging in an independent business as represented to Smalljobs.ph.
7. Payment Methods. In order to use certain Site services, a buyer must provide account information for at least one valid payment method. Buyer hereby authorizes Smalljobs.ph to run credit card authorizations on all credit cards provided by buyer, to store credit card and banking or other financial details as buyer’s method of payment for services, and to charge buyer’s credit card (or any other payment method).
When buyer authorizes the payment of the freelancer fees on the Site, buyer automatically and irrevocably authorizes and instructs Smalljobs.ph to charge buyer’s payment method for the freelancer fees.
By providing payment method information through the Site, a buyer represents, warrants, and covenants that: (a) buyer is legally authorized to provide such information; (b) buyer is legally authorized to perform payments using the payment method(s); and (c) such action does not violate the terms and conditions applicable to buyer’s use of such payment method(s) or applicable law. When buyer authorizes a payment using a payment method via the Site, the buyer represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated payment method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from buyer’s payment method(s), buyer is solely responsible for paying such amounts by other means.
8. US Dollars and Foreign Currency Conversion. The Site and the Site services operate in U.S. Dollars. If buyer’s payment method is denominated in a currency other than U.S. Dollars and requires currency conversion to make payments in U.S. Dollars, the Site may display foreign currency conversion rates that Smalljobs.ph make available to convert supported foreign currencies to U.S. Dollars. These foreign currency conversion rates adjust regularly based on market conditions. A buyer, at its sole discretion and risk, may authorize the charge of its payment method ina supported foreign currency and the conversion of the payment to U.S. Dollars at the foreign currency conversion rate displayed on the Site. If a foreign currency conversion is required to make a payment in U.S. Dollars and Smalljobs.ph does not support the foreign currency or buyer does not authorize the conversion of such payment at the foreign currency conversion rate displayed on the Site, Smalljobs.ph will charge buyer’s payment method in U.S. Dollars and buyer’s payment method provider will convert the payment at a foreign currency conversion rate selected by buyer’s payment method provider. Smalljobs.ph is not responsible for currency fluctuations that occur when billing or crediting a payment method denominated in a currency other than U.S. Dollars. Smalljobs.ph is not responsible for currency fluctuations that occur when receiving or sending payments.
9. Payment Protection. Smalljobs.ph may establish limited Payment Protection to the freelancer in case buyer does not make payment for legitimate services performed by a freelancer, to foster fairness, reward loyalty, and encourage the freelancer to continue to use the Site and Site services for their business needs. Freelancer hereby irrevocably assigns to Smalljobs.ph the right to recover from the buyer any amounts that Smalljobs.ph provide to the freelancer in connection with the Payment Protection benefit.
With respect to disputes arising between buyers and freelancers, the laws, rules of court and laws and procedure on arbitration and alternative dispute resolution of the Republic of the Philippines will apply.
In any dispute between users relating to a project, you agree to negotiate such dispute in good faith. If the result of such negotiation is acceptable to both parties in a dispute, you agree to indicate your approval of such negotiation through the Site and Smalljobs.ph will disburse funds in accordance with the results of such negotiation. If you are dissatisfied with the progress, you agree to submit your dispute to a binding arbitration as further set forth below.
Arbitration. In any dispute between an Buyer and a Freelancer which cannot be resolved through negotiation, you expressly agree to and acknowledge that Smalljobs.ph or a third party chosen by Smalljobs.ph will arbitrate the dispute in accordance with these Terms of Service and the Site.
(a) You acknowledge and agree that Smalljobs.ph will construe any Project Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Project Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Site, (iii) the Project itself and (iv) any information or communication that the buyer and the freelancer agree should be considered.
(b) Smalljobs.ph shall render its decision within five (5) business days of escalation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Freelancer with which you are engaged in a dispute.
(c) You agree that the decision of Smalljobs.ph, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision.
(d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Project that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Project in your possession and destroy any electronic copies that you have.
Communication. You agree and acknowledge that (1) Smalljobs.ph will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and (2) you are solely responsible for the receipt of any notification or communication sent by Smalljobs.ph using the e-mail address corresponding with your Account registered at the time a dispute arises.
Acknowledgements. You agree and acknowledge that (1) Smalljobs.ph is not providing legal services to you, (2) Smalljobs.ph will not advise you regarding any legal matters and (3) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Smalljobs.ph for any such counsel.
a. These Terms of Service shall become effective as your contractual agreement upon your use of the website, and shall continue until your Account is terminated by you or Smalljobs.ph as provided for under the terms of this section.
b. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) Smalljobs.ph shall continue to perform those services necessary to complete any open transaction between you and another registered user; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Smalljobs.ph for any service and to any Freelancer for any services.
c. Any termination of an account will automatically lead to the termination of all related profiles.
d. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your account or a project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our registered users or for Smalljobs.ph or are contrary to the interests of the website. Once indefinitely suspended or terminated, you must not continue to use the Site under the same account, a different account, or register under a new account.
e. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
f. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the payment services or otherwise reduce fees owed Smalljobs.ph under these Terms of Service, you must pay Smalljobs.ph for all fees owed to Smalljobs.ph and reimburse Smalljobs.ph for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
g. When your account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and proposals.
Background technology. Freelancer will disclose any background technology which freelancer proposes to incorporate into the work product or upon which use or distribution of the work product will depend. If the freelancer discloses no background technology, the freelancer warrants that it will not incorporate any background technology into work product provided pursuant thereto.
License to Background Technology. Upon freelancer’s receipt of full payment from buyer for delivery of work product, freelancer hereby automatically grants to buyer a non-exclusive, perpetual, fully-paid and royalty-free, irrevocable and worldwide right, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the background technology incorporated or used in work product delivered for that payment. If payment is made only for partial delivery of work product, the grant described herein applies only to the portion of work product delivered.
Service Buyer Materials. A buyer grants freelancer a limited, non-exclusive, revocable (at any time, at buyer’s sole discretion) right to use the buyer materials as necessary solely for the performance of the freelancer services under the applicable service contract. Buyer reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the buyer materials. Upon completion or termination of the service contract, or upon buyer’s written request, the freelancer will immediately return all buyer materials to buyer and further agrees to destroy all copies of buyer materials and deliverables (except for background technology as permitted by the service contract) contained in or on freelancer premises, systems, or any other equipment or location otherwise under the freelancer’s control. Within ten days of such request from the buyer, the freelancer agrees to provide written certification to buyer that freelancer has returned or destroyed all buyer materials and work product as provided in this subsection.
Ownership of Work Product and Intellectual Property. Upon freelancer’s receipt of full payment from buyer, the work product, including without limitation all Intellectual Property Rights in the work product, will be the sole and exclusive property of the buyer, and the buyer will be deemed the author thereof. If the freelancer has any Intellectual Property Rights to the work product that are not owned by the buyer upon freelancer’s receipt of payment from buyer, the freelancer hereby automatically irrevocably assigns to buyer all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, freelancer retains no rights to use, and will not challenge the validity of buyer’s ownership in, such Intellectual Property rights. The freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the work product. If payment is made only for partial delivery of work product, the assignment described herein applies only to the portion of work product delivered.
License to or Waiver of other Rights. If a freelancer has any right to the work product, including without limitation any Intellectual Property Right, that cannot be assigned to buyer by freelancer, the freelancer hereby automatically, upon freelancer’s receipt of full payment from buyer, unconditionally and irrevocably grants to buyer during the term of such rights, an exclusive, even as to freelancer, irrevocable, perpetual, worldwide, fully-paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If freelancer has any rights to such work product that cannot be assigned or licensed, freelancer hereby automatically, upon freelancer’s receipt of payment from buyer, unconditionally and irrevocably waives the enforcement of such rights, all claims and causes of action of any kind against buyer or related to buyer’s customers, with respect to such rights, and will, at buyer’s request and expense, consent to and join in any action to enforce such rights. If payment is made only for partial delivery of work product, the grant described herein applies only to the portion or work product delivered.
IP Policy on Smalljobs.ph Site. Subject to the Terms of Service, the content available on this website, including, but not limited to the informational content; images, graphs, graphics, designs, photographs, audio and video clips; software and HTML code are the property of Smalljobs Inc. and are subject to protection by the laws of the Republic of the Philippines and international Intellectual Property laws and treaty provisions, including, but not limited to, those relating to patent rights, copyrights, trade secrets, trade names, trademarks, moral rights, know-how and other similar rights. Nothing in this policy or the Terms of Service grants you a license to develop, create, or offer any products or services based on any of the content found on this website. To the extent approved by Smalljobs.ph, you are authorized to use and download materials that are made available on this website only for your own needs as a user. You agree and acknowledge that all trademarks, logos, names and titles, including, but not limited to, “Smalljobs”, the Smalljobs logo, and “Smalljobs.ph” on this website and within its content are proprietary to the company. Any unauthorized use of the aforementioned trade marks or any other content is prohibited.
**A. Registered User Representations and Warranties. **
All Registered Users represent, warrant, and agree:
B. Warranty Disclaimer. THE SERVICES PROVIDED BY SMALLJOBS.PH ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY.
C. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.
D. General Release. If you have a dispute with another Registered User, you release Smalljobs.ph (and our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
E. Indemnity. You agree to defend, hold harmless and indemnify Smalljobs.ph from and against any and all losses, costs, expenses, damages or other liabilities incurred by Smalljobs.ph from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Smalljobs.ph: (1) in connection with your use of the Services including any payment obligations incurred through use of the Site’s Payment Services; or (2) resulting from: (a) your use of the Site (b) your decision to supply credit information via the website, including personal financial information; (c) your decision to submit postings and accept offers from other registered Users; (d) any breach of contract or other claims made by registered Users with which you conducted business through the Site; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any invoice or any other Payment; or (j) your obligations to a freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
F. Links. The Site may contain links to third-party web sites not under the control or operation of Smalljobs.ph. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
G. Data. You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Smalljobs.ph’s part to store, backup, retain, or grant access to any information or data for any period.
A. Compliance with Law. You are responsible for compliance with applicable laws of the Republic of the Philippines and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons.
B. Modification and Waiver. Smalljobs.ph will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Smalljobs.ph. No delay or omission by Smalljobs.ph in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
C. Severability. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
D. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Smalljobs.ph, and any attempt to do so will be null and void. Smalljobs.ph may assign these Terms of Service in its sole discretion.
E. Force Majeure. Except for the payment of fees to Smalljobs.ph, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
F. Integration. These Terms of Service and all documents referenced in these Terms of Service (including the policy listed and available by hyperlink) comprise the entire agreement between you and Smalljobs.ph with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any website that link to or are linked from the Site.
If you require any additional information or further clarification, please contact us at firstname.lastname@example.org or thru the following mailing address:
Ground Floor, Mansi Building
337 Katipunan Avenue
Quezon City 1108