Besides Increased access to new customers, there are 5 main benefits of online advertising to attract customers on QuiqPro:
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Here are our terms and conditions. Please contact us if you have any questions. Thanks for connecting.
The QuiqPro terms & conditions (updated July 2020) outline QuiqPro's and your obligations and responsibilities on the QuiqPro Platform.
User Agreement: www.QuiqPro.com
QuiqPro operates an online platform allowing Users to connect through the QuiqPro Platform with other Users who provide professional financial services.
Please read these terms and all Policies including the community Guidelines carefully before using the QuiqPro Platform. These Policies are incorporated into this Agreement by reference.
All defined terms in this Agreement have the meaning given to them in the QuiqPro Glossary.
1. SCOPE OF QUIQPRO SERVICES
1.1 QuiqPro provides the QuiqPro Platform to enable Job Posters to publish Posted Jobs.
1.2 Professionals may make an Offer in response to a Posted Job. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
1.3 A Job Poster may revoke or modify a Posted Job at any time before he/she accepts an Offer. QuiqPro reserves the right to cancel all Offers on a Posted Job made prior to the modification.
1.4 If A Job Poster accepts an Offer on the QuiqPro Platform, a Job Contract is created between the Professional and the Job Poster.
1.5 Upon creation of the Job Contract, QuiqPro has rendered QuiqPro Services and the Service Fee is due and payable by Professionals.
1.6 Once the Job Contract is created, the Professional and Poster may vary the Job Contract on the QuiqPro Platform. The Job Poster and Professional are encouraged to use QuiqPro's private messaging system to amend or vary the Job Contract (including the Agreed Price) or to otherwise communicate.
1.7 Once the Services are complete, the Professional must provide notice of that on the QuiqPro Platform.
1.8 Once the Services are complete, the Job Poster must provide notice of that on the QuiqPro Platform.
1.9 After the Job Contract is completed, the parties are encouraged to review and provide feedback of the Services on the QuiqPro Platform.
1.10 A Job Poster may revoke or modify its Offer including for Recurring Services, at any time before a Professional makes an Instant Claim. QuiqPro reserves the right to cancel all Posted Jobs made prior to the revocation or modification.
2. QUIQPRO'S ROLE AND OBLIGATIONS
2.1 QuiqPro provides the QuiqPro Platform only, enabling Users to publish Posted Jobs and make Offers on Posted Jobs.
2.2 QuiqPro only permits individuals over 18 years of age to become Users.
2.3 Users must be natural persons but can specify within their account description that they represent a business entity.
2.4 At its absolute discretion, QuiqPro may refuse to allow any person to register or create an account with QuiqPro or cancel or suspend or modify any existing account including if QuiqPro reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the QuiqPro Platform.
2.5 Registering and creating an account with QuiqPro is free. There is no charge for A Job Poster to post jobs, or for other QuiqPro Users to review content on the QuiqPro Platform, including Posted Jobs.
2.6 QuiqPro accepts no liability for any aspect of the Job Poster and Professional interaction, including but not limited to the description, performance, or delivery of Services.
2.7 QuiqPro 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 Professionals to perform tasks or supply items, or the honesty or accuracy of any information provided by Posters or the Job Posters' ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the QuiqPro 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 suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.9 QuiqPro 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
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 QuiqPro Platform.
(c) ensure that You are aware of any laws that apply to You as A Job Poster or Professional, or in relation to using the QuiqPro Platform.
3.2 You agree that any content (whether provided by QuiqPro, a User or a third party) on the QuiqPro Platform may not be used on third party sites or for other business purposes without QuiqPro’ s prior permission.
3.3 You must not use the QuiqPro Platform for any illegal or immoral purpose.
3.4 You must always maintain control of Your QuiqPro account. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant QuiqPro an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the QuiqPro Platform for the purpose of publishing material on the QuiqPro Platform and as otherwise may be required to provide the QuiqPro Service, for the general promotion of the QuiqPro Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the QuiqPro Platform must not, in any way whatsoever, be potentially or harmful to QuiqPro or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by QuiqPro.
3.7 Without limiting any provision of this Agreement, any information You supply to QuiqPro or publish in a Posted Job (including as part of an Offer) must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive.
*(b) be fraudulent or involve the sale of counterfeit or stolen items.
*(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality, or privacy.
*(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws).
*(e) be defamatory, libelous, threatening or harassing.
*(f) be obscene or contain any material that, in QuiqPro’ s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
*(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any QuiqPro Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
3.8 QuiqPro Platform may from time to time engage location-based or map-based functionality. The QuiqPro Platform may display the location of Posters and Professionals to persons browsing the QuiqPro Platform. A Job Poster should never disclose personal details such as the Job Poster's full name, street number, phone number or email address in a Posted Job or in any other public communication on the QuiqPro Platform.
3.9 If You are a Professional, you must have the right to provide Services under a 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 (including Professional Funds) received under a Job Contract.
3.10 You must not, when supplying Services, charge A Job Poster any fees on top of the Professional Funds. However, the parties to a Job Contract may agree to amend the Agreed Price through the QuiqPro Platform.
3.11 QuiqPro Platform does not process payments for the services performed by the professionals. Professionals must request payments outside of the QuiqPro Platform from the Job Poster for the Services except to the extent permitted by clause 3.12.
3.12 If a Professional agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Professional is solely responsible for obtaining any reimbursement from the Job Poster. QuiqPro advises Professionals not to agree to incur costs in advance of receiving the payment for these costs, unless the Professional is confident the Job Poster will reimburse the costs promptly.
3.13 For the proper operation of the QuiqPro Platform (including insurance, proper pricing and compliance with Policies), the Professional must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Job Contract , then that third party must also be a registered User of the QuiqPro Platform.
3.14 If QuiqPro determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Job Contract s, it reserves the rights to remove any content, Posted Job or Offer You have submitted to the QuiqPro Service or cancel or suspend Your account and/or any Job Contract.
4. FEES
4.1 Upon the creation of a Job Contract, the Professional owes QuiqPro the respective Service Fee. The Service Fee will be due immediately.
4.2 If the Posted Job requires a Professional 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 QuiqPro are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
4.5 If QuiqPro introduces a new service on the QuiqPro Platform, the Fees applying to that service will be payable as from the launch of the service.
4.6 QuiqPro may restrict a User's account until all Fees have been paid.
5. PAYMENTS AND REFUNDS
5.1 For Professionals: All sales on QuiqPro are final and non-refundable.
5.2 For Job Posters: Posting a Job is always free on QuiqPro platform.
5.3 Any outstanding Cancellation Admin Fee owed by a Professional will be a debt owed by that Professional to QuiqPro and may also be offset by QuiqPro against any other payments owed at any time to the Professional.
6. STORED VALUE
6.1 Stored Value:
(a) can be used by the professional to pay for any new Service leads via the QuiqPro Platform.
(b) are not refundable or redeemable for cash.
(c) cannot be replaced, exchanged or reloaded or transferred to another card or account.
(d) are valid for 12 months from the date on which that particular Stored Value is applied to a User's account, the date of issue or purchase or any expiry date applied by QuiqPro (conditional upon any contrary specific jurisdictional legislative requirements);
(e) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited Professional, or stored in a data retrieval system, without QuiqPro's prior written permission.
6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. Save for the Non-Excludable Conditions, QuiqPro will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
6.3 QuiqPro will not accept, and may refuse or cancel, any Stored Value, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and QuiqPro reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
6.4 QuiqPro is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by QuiqPro.
7. BUSINESS PARTNERS
7.1 QuiqPro may enter into agreements with Business Partners and may seek to engage Professionals in the provision of Business Services. Professionals who agree to perform Business Services for Business Partners acknowledge and agree that QuiqPro and the Business Partner may on-sell Services supplied to third parties for an increased fee.
7.2 Business Partners may require Professionals providing Business Services to be approved or hold particular qualifications. QuiqPro may assist Business Partners to locate suitably qualified Professionals. QuiqPro makes no warranty that it will promote any or all suitably qualified Professionals to Business Partners.
7.3 Business Partners may require Professionals to enter a Business Partner Contract before providing Business Services.
7.4 Where a Professional accepts a Posted Job with a Business Partner:
(a) the Professional must provide Business Services to the Business Partner in accordance with the Job Contract and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8. PAYMENT FACILITY
8.1 QuiqPro uses a Payment Provider to operate the Payment Account.
8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://www.stripe.com are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
8.3 If QuiqPro 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.
9. THIRD PARTY SERVICES
9.1 QuiqPro may from time to time include Third Party Services on the QuiqPro Platform. These Third-Party Services are not provided by QuiqPro.
9.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the QuiqPro Platform as a convenience to our Users who may find the Third-Party Services of interest or of use.
9.3 If a User engages with any Third-Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
9.4 QuiqPro makes no representation or warranty as to the Third-Party Services. However, to help us continue to improve our QuiqPro Platform, Users may inform QuiqPro of their Third-Party Service experience by contacting QuiqPro Team.
10. VERIFICATION & BADGES
10.1 QuiqPro may use Identity Verification Services.
10.2 You agree that QuiqPro Identity Verification Services may not be fully accurate as all QuiqPro Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
10.3 You are solely responsible for identity verification and QuiqPro accepts no responsibility for any use that is made of an QuiqPro Identity Verification Service.
10.4 QuiqPro Identity Verification Services may be modified at any time.
10.5 The QuiqPro Platform may also include a User-initiated feedback system to help evaluate Users.
10.6 QuiqPro may make Badges available to Professionals. The available Badge can be requested by the Professional via the QuiqPro Platform and arranged on behalf of the Professional and issued by QuiqPro. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Professional and determined by QuiqPro or a third-party verifier which shall be governed by its terms.
10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering a Job Contract, you do so aware of this limitation. You should seek to verify any Badge with the Professional prior to commencing the task.
10.8 It remains the Professional's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform QuiqPro immediately if a Badge is no longer valid.
10.9 QuiqPro may, at its discretion, issue Badges to Professionals for a fee.
10.10 The issue of a Badge to Professional remains in the control of QuiqPro and the display and use of a Badge is licensed to the Professional for use on the QuiqPro Platform only. Any verification obtained because of the issue of a Badge may not be used for any other purpose outside of the QuiqPro Platform.
10.11 QuiqPro retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by QuiqPro.
11. INSURANCE
11.1 Each User must make its own enquiries about whether any further insurance is required and Professionals remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the QuiqPro Platform.
11.2 QuiqPro may also take out other insurance itself and that insurance may at QuiqPro's option extend some types of cover to Users. QuiqPro 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 is available on the QuiqPro website and the policy details can be requested via QuiqPro. Users are responsible for familiarizing themselves with these details.
11.3 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Professional, and the insurance taken out by QuiqPro (if any) responds to that claim then this clause applies. If a claim is made against a Professional, QuiqPro may (provided that the Professional consents) elect to make a claim under any applicable policy and if the claim is successful, QuiqPro reserves its right to recover any excess or deductible payable in respect of the claim from the Professional. Where QuiqPro makes a claim and the insurer assesses that the Professional is responsible, QuiqPro is entitled to rely on that assessment. If You do not pay any excess due under this clause, QuiqPro 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.
11.4 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Professional, and the insurance taken out by QuiqPro (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. QuiqPro may elect to reject or pay an amount to settle a claim not covered by QuiqPro's own insurance policies. To the extent that the Professional was or would be liable for the amount of the claim, if QuiqPro elects to pay an amount to settle the claim the amount paid by QuiqPro may be recovered by QuiqPro from the Professional. QuiqPro may also elect to set this amount off against future moneys it may owe to the Professional.
12. FEEDBACK
12.1 You can complain about any comment made on the QuiqPro Platform using the 'Support' function of the QuiqPro Platform or contact QuiqPro via the QuiqPro Platform.
12.2 QuiqPro is entitled to suspend or terminate Your account at any time if QuiqPro, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other QuiqPro Users.
13. LIMITATION OF LIABILITY
Please see Your Country Specific Terms for the applicable exclusions and limitations of liability.
14. PRIVACY
14.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.
14.2 QuiqPro will endeavor to permit you to transact anonymously on the QuiqPro Platform. However, in order to ensure QuiqPro can reduce the incidence of fraud and other behavior in breach of the Community Guidelines, QuiqPro reserves the right to ask Users to verify themselves in order to remain a User.
15. MODIFICATIONS TO THE AGREEMENT
15.1 QuiqPro may modify this Agreement or the Policies (and update the QuiqPro pages on which they are displayed) from time to time. QuiqPro will send notification of such modifications to Your QuiqPro account or advise You the next time You login.
15.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the QuiqPro Platform in any manner, including engaging in any acts in connection with a Job Contract , the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
15.3 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 QuiqPro who will terminate Your QuiqPro account, and stop using the QuiqPro Service.
16. NO AGENCY
16.1 No agency, partnership, joint venture, employee-employer, or other similar relationship is created by this Agreement. You have no authority to bind QuiqPro, its related entities or affiliates in any way whatsoever. QuiqPro confirms that all Third-Party Services that may be promoted on the QuiqPro Platform are provided solely by such Third Party Service providers. To the extent permitted by law, QuiqPro 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.
17. NOTICES
17.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to QuiqPro's contact address as displayed on the QuiqPro Platform, or to QuiqPro 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 QuiqPro Platform account.
17.2 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.
18. MEDIATION AND DISPUTE RESOLUTION
18.1 QuiqPro encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that QuiqPro may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
18.2 If a dispute arises with another User, you must co-operate with the other User and make a genuine attempt to resolve the dispute.
18.3 QuiqPro may elect to assist Users resolve disputes. Any User may refer a dispute to QuiqPro. You must co-operate with any investigation undertaken by QuiqPro. QuiqPro 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 QuiqPro's determination in an applicable court or tribunal.
18.4 QuiqPro 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.
18.6 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.
18.7 If You have a complaint about the QuiqPro Service please contact QuiqPro Support Team.
18.8 If QuiqPro 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 QuiqPro for any costs, losses or liabilities incurred by QuiqPro in relation to any claims relating to any other use of information not permitted by this Agreement.
19. TERMINATION
19.1 Either You or QuiqPro may terminate your account and this Agreement at any time for any reason.
19.2 Termination of this Agreement does not affect any Job Contract that has been formed between QuiqPro Users.
19.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
19.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (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.
19.5 If Your account or this Agreement are terminated for any reason then You may not without QuiqPro's consent (in its absolute discretion) create any further accounts with QuiqPro and we may terminate any other accounts You operate.
20. GENERAL
20.1 This Agreement is governed by the laws specified in Your Country Specific Terms.
20.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
20.3 This Agreement may be assigned or novated by QuiqPro to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
20.4 This Agreement sets out the entire understanding and agreement between the User and QuiqPro with respect to its subject matter.
Revised July 2020 copyright QuiqPro 2020
APPENDIX A:
MODEL JOB CONTRACT
The terms used in this Job Contract have the meaning set out in the QuiqPro Glossary. A Job Contract is created in accordance with the QuiqPro Agreement. Unless otherwise agreed, the Job Poster and the Professional enter into a Job Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
1.1 The Job Contract is created when the Job Poster accepts the Professional's Offer on a Posted Job to provide Services.
1.2 The Contract will continue until terminated in accordance with clause 7.
2 SERVICES
2.1 The Professional will perform Services in a proper and workmanlike manner.
2.2 The Professional 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 Job Contract.
2.4 The parties acknowledge that the Job Contract is one of personal service where the Job Poster selected the Professional to perform the Services. Therefore, the Professional must not subcontract any part of the Services to any third party without the Job Poster's consent.
2.5 The Professional always remains responsible and liable to the Job Poster for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Professional.
3 WARRANTIES
3.1 Each party warrants that the information provided in the creation of the Job Contract is true and accurate.
3.2 The Professional 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 completion of the Job Contract, the Job Poster must pay the Agreed Price to the professional outside QuiqPro Platform.
4.2 Upon the Services being completed, the Professional will provide notice on the QuiqPro Platform.
4.3 The Job Poster will be prompted to confirm the Services are complete.
4.4 If the parties agree to cancel the Job Contract , or the Job Poster is unable to contact the Professional to perform the Job Contract , the Professional Funds will be dealt with in accordance with the User's QuiqPro Agreement.
5 LIMITATION OF LIABILITY
5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the 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 QuiqPro and act in accordance with clause 18 of the QuiqPro Agreement.
7 TERMINATION OF CONTRACT
The Job Contract will terminate when:
(a) the Services are completed, and the Agreed Price is paid b y the job poster.
(b) a party is terminated or suspended from the QuiqPro Platform, at the election of the other party.
(c) otherwise agreed by the parties or the Third-Party Dispute Service; or
(d) notified by QuiqPro in accordance with the party's QuiqPro Agreement.
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
The Job Contract is governed by the laws of the jurisdiction where the Posted Job was posted on the QuiqPro Platform.
Revised July 2020 copyright QuiqPro 2020
APPENDIX B:
COUNTRY SPECIFIC TERMS
1. USA Terms
If You are a User who has Your QuiqPro Platform account in (or the Services are performed in) United States of America then the following terms will also apply to or may vary this Agreement to the extent specified:
a) a reference to A$, $A, dollar or $ is to USA currency.
b) "QuiqPro" means QuiqPro Inc.
c) This Agreement is governed by the laws of California, United States of America. You and QuiqPro submit to the exclusive jurisdiction of the courts of California, United States of America; and
g) The following is added as clause 3.3 in the Model Contract of Appendix A "3.3 The parties incorporate the Consumer Guarantees into the Job Contract, even if they are not already incorporated by law.";
h) The exclusions and limitations of liability shall be as follows:
(1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, QuiqPro specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Posters and Professionals.
(2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, QuiqPro specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the QuiqPro Platform.
(3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, QuiqPro is not liable for any Consequential Loss arising out of or in any way connected with the QuiqPro Services.
(4) Except for liability in relation to a breach of any Non-excludable Condition, QuiqPro's liability to any User of the QuiqPro Service is limited to the total amount of payment made by that Professional to QuiqPro during the twelve month period prior to any incident causing liability of QuiqPro, or US$50.00, whichever is greater.
(5) QuiqPro's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
QuiqPro Glossary
"Agreement" means the most updated version of the agreement between QuiqPro and a User.
"Agreed Price" means agreed price for Services (including any variation) paid by the Job Poster but does not include any costs incurred by the Professional when completing Services which the Job Poster agrees to reimburse.
"QuiqPro" means "we" "us" "our" means the legal entity prescribed in Your Country Specific Terms.
"QuiqPro Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined, and set by QuiqPro.
"QuiqPro Platform" means the QuiqPro website at https://www.QuiqPro.com, QuiqPro smartphone app, and any other affiliated platform that may be introduced from time to time.
"QuiqPro Service" means the service of providing the QuiqPro Platform.
"Badge" means an QuiqPro Badge and Verification Icon.
"Business Day" means a day on which banks are open for general business in the jurisdiction where Users have their QuiqPro Platform account, other than a Saturday, Sunday, or public holiday.
"Business Partner Contract" means a contract between a Business Partner and a Professional to perform Business Services.
"Business Partner" means the business or individual that enters into an agreement with QuiqPro to acquire Business Services.
"Business Services" means Services provided by a Professional to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Cancellation Admin Fee" means the Fee payable by A Job Poster or a Professional for cancelling a Job Contract and will not exceed 22% of the Agreed Price.
"Consequential Loss" means any loss, damage, or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage, or expense; or
(b) which is a loss of:
a. opportunity or goodwill.
b. profits, anticipated savings or business.
c. data; or
d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
"Country Specific Terms" means those terms set out in Appendix B.
"Fees" means all fees payable to QuiqPro by Professional including the Service Fee.
"Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, QuiqPro Badges and Verification Icons.
"Instant Claim" means the acceptance of an Offer by a Professional via the Search Assist function.
"Marketing Material" means any updates, news and special offers in relation to QuiqPro or its Third-Party Services.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Occurrence" means each individual occurrence of services to be performed by a Professional that form part of Recurring Services.
"Offer" means an offer made by a Professional in response to a Posted Job to perform the Services. or an offer made by A Job Poster for the performance of Services by a Professional when using Search Assist
"Payment Account" means the account operated by the Payment Provider.
"Payment Provider" means an entity appointed by QuiqPro that manages and operates the Payment Account including accepting payments from and making payments to Users.
"Personal Information" has the same meaning as described in Your Country Specific Terms.
"Policies" means the policies posted by QuiqPro on the QuiqPro Platform, including but not limited to the Community Guidelines.
"Poster" means a User that posts on the QuiqPro Platform in search of Services.
"Posted Job" means the Job Poster's request for Services published on the Platform (including via Search Assist), and includes the deadline for completion, price, and description of the Services to be provided.
"Recurring Services" means the same services procured by A Job Poster using the Search Assist feature from the same Professional on a recurring basis, for example weekly, fortnightly or monthly.
"Reference" means a feature allowing a User to request other Users to post a reference on the QuiqPro Platform endorsing that User.
"Search Assist" means a feature of the QuiqPro Platform whereby A Job Poster can submit specific details of a Posted Job with QuiqPro's assistance to calculate the Agreed Price and find potential Professionals to perform the Services. This may also be referred to on the QuiqPro Platform as "Instant Booking".
"Service Fee" means the Professional Service Fee.
"Services" means the services to be rendered as described in the Posted Job, including any variations or amendments agreed before or subsequent to the creation of a Job Contract and for Recurring Services the Services are the services to be performed under each Occurrence.
"Stored Value" means the physical or virtual card, coupon, voucher or code containing credit or a discount or refund provided as credit or anything else identified or described as 'Stored Value' in this Agreement, for use on the QuiqPro Platform.
"Job Contract " means the separate contract which is formed between A Job Poster and a Professional for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Job Contract s.
"Professional" means a User who provides Services to Posters.
"Professional Funds" means the Agreed Price less the Service Fee.
"Professional Service Fee" means the fee payable by the Professional to QuiqPro as consideration for the QuiqPro Services (and comprised as part of the Agreed Price) displayed to a Professional prior to entering each Job Contract.
"Third Party Dispute Service" means a third-party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Service" means the promotions and links to services offered by third parties as may be featured on the QuiqPro Platform from time to time.
"User" or "You" means the person who has signed up to use the QuiqPro Platform, whether as the Job Poster, Professional, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the QuiqPro Platform to confirm details such as a User's qualification, license, certificate, or other skill.
Rules of Interpretation:
In the QuiqPro Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders.
(b) another grammatical form of a defined word or expression has a corresponding meaning.
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented, or replaced from time to time.
(d) the applicable currency shall be the currency specified in Your Country Specific Terms.
(e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity.
(f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.
(g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions.
(h) headings are for ease of reference only and do not affect interpretation.
(i) any agreement, representation, warranty, or indemnity in favor of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
Revised July 2020 copyright QuiqPro 2020