Terms and Conditions

 

Definitions

 

The definitions used below in these terms and conditions have the following meaning, unless the specific context provides other definitions:

 

“Jobybee LLC”: company reg. no. C 103765, VAT MT29704615, 152 / No.9, Naxxar Road,  SAN GWANN SGN9030, Malta.

 

“Independent contractors”: means any User who visits or uses the Mobile app for the purpose of obtaining Work for a shorter or longer period of time; or (ii) actually obtains Work with an Employer for a shorter or longer period of time via the Mobile app. Independent Contractors are self-employed with own VAT number. 

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“Work”: means any form of Work of an Independent Contractor with an Employer as specified on our mobile app, which has been entered into, directly or indirectly, via the Independent Contractor’s and the Employer’s use of the Mobile app.

 

“Work Agreement”: means any agreement on recruitment and occupation entered into between an Independent Contractor and an Employer. In the event of discrepancies between these Terms and any Work Agreement, including regarding matters relating to Jobybee LLC, these Terms take precedence at all times.

 

“Employer”: means any User who registers as an employer on our mobile app for the purpose of the hiring part-time freelancers for a day shift no longer than 12 hours ;

 

“Terms”: means these terms and conditions (as amended from time to time by Jobybee LLC) and any other document referred to in these Terms or otherwise made available by Jobybee LLC on the Mobile app.

 

“User”: means any person who uses or visits the mobile app (irrespective of the intention behind and irrespective of the way in which the use or visit has taken place) and/or who registers a profile on the Mobile app. 

 

“Mobile app”: means Jobybee and www.Jobybee.com all related apps and websites that are managed by or associated with Jobybee LLC. 

2. Introduction

2.1 These Terms apply to the relationship between Users and Jobybee LLC in connection with a User setting up a profile on the Mobile app and thus accepting these Terms.  

 

2.2 If a User does not accept these Terms, such person must refrain from registering a profile or in any other way use the Mobile app.

 

2.3 Jobybee LLC reserves the right to make amendments to the Mobile app and these Terms at any time. Users are responsible themselves for keeping up to date with these Terms. Any use of the Mobile app is subject to the Terms applicable at the time of the use of the Mobile app. Any change or amendment will apply from the point of time at which Jobybee LLC introduces such changes to the Mobile app. Any User consents to being bound by any amendment to the Terms by using the Mobile app.

 

3. General

 

3.1 With the Mobile app, Jobybee LLC provides the User with a platform that facilitates contact between Independent contractors and Employers. The Mobile app also provides access to certain information enabling Independent contractors and Employers to contact each other and prepare and enter into Work Agreements with each other.

 

3.2 Independent contractors as well as Employers must comply with regulation, collective bargaining agreements, local agreements, and general practices applicable from time to time in relation to any Work. Users acknowledge and accept that Jobybee LLC is not to be regarded as a party to any Work and, consequently, cannot be held accountable for the fulfilment of any obligation in that regard.

 

4. Duties of the Employer

 

4.1 The Employer must only hire Independent contractors above the age of 18.

 

4.2 The Employer may at any time shorten or terminate any Work. In any such event, the Employer is obligated to (i) provide the Independent Contractor with written notice identical to the termination notice, and (ii) notify Jobybee LLC in writing hereof. If the Employer cancels any work within 1 day of commencement Jobybee will charge a fee of EUR 50 excl. VAT in accordance with paragraph 6.

 

4.3 The Employer has full instruction and management powers as well as the supervisory authority in relation to the Independent Contractor. Jobybee LLC does not assume any liability for the Employer’s actions, including any unlawful actions, faults and omissions made by any Independent Contractor while performing his or her tasks with an Employer. It is the responsibility of the Employer to ensure that the Independent Contractor is capable of performing the agreed work and that the Independent Contractor has the necessary knowledge of material, machines etc. and any related safety provisions.

4.4 It is the responsibility of the Employer to instruct the Independent Contractor to the extent necessary in how to perform the tasks as well as informing the Independent Contractor of any relevant internal rules and procedures in the business of the Employer.

 

4.5 In the event that an Employer is forced to amend the Work conditions in relation to time, place or nature of the tasks during an Independent Contractor’s performance of his or her work, the Independent Contractor and Jobybee LLC must be notified thereof in writing without undue delay in the form of an updated job post. In the event that the Employer does not notify the Independent Contractor and Jobybee LLC in due time, the Employer is liable to pay any loss or expenses incurred by the Employer, the Independent Contractor and/or Jobybee LLC as a result of the amended Work conditions.

 

4.6 The Employer is obligated to ensure that the Work conditions for the Independent Contractor are sound in terms of safety and health and that they comply with applicable local law regulations.

 

4.7 The Employer is responsible for ensuring a safe working environment including, but not limited to, any protective equipment required by law. Examples of protective equipment are non-slip shoes, safety shoes, work clothes etc. The Employer is responsible for providing the Independent Contractor with the required protective equipment and/or ensuring that the Independent Contractor brings the required protective equipment. The Employer is also responsible for ensuring that the Independent Contractor wears any required protective equipment during work.

 

4.8 In the event that after the finishing of any Work, the Employer wishes to hire, on a permanent basis, any Independent Contractor who has worked for the Employer within the past six months, the Employer may only do so with Jobybee LLC’ prior written consent. In this connection, the Employer must pay a job provision fee to Jobybee LLC of EUR 500. If the Employer hires an Independent Contractor with no prior written consent from Jobybee LLC then the company will be subject to a EUR 1,500 penalty, which shall be paid to Jobybee LLC.

 

5. Work roles of the Independent Contractor

 

5.1 The Independent contractors must be considered hourly paid temporary Independent contractors and should therefore not be perceived as full-time Independent contractors. No government tax or contributions will be deducted as they are not considered employees. Any income that the Independent Contractor earns from working at Jobybee must be self-declared to the local tax authorities.

 

6. Payment

 

6.1 Salary etc. to the Independent Contractor

 

Jobybee LLC is responsible for administration and payment of salary to the Independent Contractor for his/her work.

 

6.2 Commission and Service Fees

 

6.2.1 Jobybee LLC charges the Employer a commission fee per job posting, put on top of the chosen hourly wage.

 

6.2.2 The Employer has 24 hours from the end of the Work to approve the shift was completed successfully. If the Employer does not confirm the shift within 24 hours the job will be considered done and the fee will be withdrawn from the credit card which the Employer submitted. This is to ensure swift payment to the Independent Contractor.

 

6.3 Payment

 

Once the Employer registers on the mobile app and makes a job post the total is computed. Computation is the hourly rate X hours + commission. The secure payment gateway is provided by Viva Wallet. There is then a pre-authorization on the credit card for the total amount.

If the Employer cancels the job there is no payment transaction and the job is deleted.

 

6.4 No-shows

 

If the Independent Contractor does not show up for whatever reason then the Employer can click “Cancel”on the job profile on the app. The job is thus considered deleted and there is no payment made.
 

7. Undertakings, Obligations etc. 

 

7.1 Upon registration on the Mobile app, as well as any time thereafter, each User represents and warrants the following:

 

(i) that all information provided to Jobybee LLC is accurate and correct in all regards and that they are up-to-date and not misleading in any way;

 

(ii) that no marketing or advertising, neither direct nor indirect, takes place via the Mobile app.

(iii) that they will refrain from participate in Works that, based on the User’s knowledge, will result, or is likely to result, in (i) violation of applicable law; (ii) violation of any agreement, schemes, or obligations towards any third party; or (iii) regulatory or ethical conflicts;  

 

(iv) that in connection with any Work, the User in question will (i) comply with applicable law; (ii) not participate in activities or conduct that constitutes a violation of applicable law; and (iii) not take, or fail to take, any action which would cause or lead to Jobybee LLC or any third party being in violation of applicable law;

 

(v) that any use of information to which the User has been given access via the Mobile app, including other User’s contact details and other data, is prohibited, unless the purpose of such contacting, or attempting to contact, Jobybee LLC or other Users is in connection with services offered via the Mobile app; and

 

(vi) that the User agrees that Jobybee LLC is entitled to use the User's logo, image, and loyal name and as part of Jobybee LLC's normal marketing, and

 

(vii) the Users agree not to contact, directly or indirectly, or approach, or attempt to contact or approach, any other User with whom the User in question has been employed or who has been employed by the User in question via the Mobile app. Any and all contact should only be through the chat function on the app. This obligation applies from the time at which the User in question is introduced to the other User and continues to apply for a period until 12 months after the date of termination of the relevant Work with or by the User in question.

 

Each User acknowledges and accepts that Jobybee LLC, provided that Jobybee LLC has reasonable suspicion of any violation of the above-mentioned undertakings, obligations etc., is entitled to review any User’s correspondence with other Users via the Mobile app with a view to determine whether the User in question is in breach of one or more of the undertakings, obligations etc. mentioned above. 

 

7.2 Each User acknowledges and accepts (i) that the User itself, and not Jobybee LLC, is responsible for the fulfilment of the User’s obligations as set forth in the Work Agreement; (ii) that Jobybee LLC is not a party to any such Work Agreement; and (iii) that unless otherwise expressly stated in these Terms, Jobybee LLC waives any and all liability for damages that may arise or be related to such Work Agreement.

 

8. Illness 

 

8.1 If the Independent Contractor gets ill after the person has started his shift, the Independent Contractor can claim full salary from the Employer that day.If the disease occurs before the shift starts, the Independent Contractor should inform the Employer so they can cancel the shift and look for replacement.
 

9. Intellectual Property Rights

 

9.1 Any and all intellectual property rights connected to the Mobile app or other services provided by Jobybee LLC, including patents, trademarks, domain names, copyrights, design rights, software, trade secrets, and knowhow, belong to Jobybee  LLC with all rights reserved.

 

9.2 Each User warrants that no confidential, private or secret information that may offend, appropriate without authorization or conflict with any intellectual property rights belonging to any third party is disclosed to Jobybee LLC or to the Mobile app, and each User accepts to indemnify and hold Jobybee LLC harmless from and against any liability that Jobybee LLC may incur in connection with any claims made against Jobybee LLC based on allegations that the information which the User in question has disclosed to Jobybee LLC or to the Mobile app is in breach of any intellectual property rights or other property rights belonging to any third party.

 

10. Confidentiality 

 

10.1 Each User acknowledges and accepts (i) that any confidential information regarding Jobybee LLC that is disclosed to the User, or which in any other way is made available via the Mobile app, in accordance with these Terms or as part of any Work, is to be regarded as the sole property of Jobybee LLC; and (ii) to keep such information confidential and not disclosed it to any third party, with the exception, however, of when publication is required by applicable law, provided that the User in question (a) to the extent possible, notifies Jobybee LLC in writing of the information which is to be made public and of the circumstances in which disclosure is claimed to be necessary as early as possible prior to making such disclosure; and (b) takes all reasonable precautions in order to avoid and limit disclosure.

 

10.2 Jobybee LLC undertakes to keep any information provided by any User confidential at all times.

 

11. Data Protection 

 

11.1 Jobybee LLC must at all times comply with applicable law on data protection and protection of privacy regarding the processing of personal data of Independent contractors.

 

11.2 Jobybee LLC is entitled to store and process personal data or other information submitted by a User, e.g. name, contact information, work experience, and education, for the purpose of administering each User’s participation in an Work. Each User acknowledge that Jobybee LLC may, to any extent necessary, transfer such personal data to other Users in connection with a User’s job options with such other User.

 

11.3 Each User acknowledges and accepts that under certain circumstances, Jobybee LLC may be under an obligation to pass on personal data to third parties, e.g. in order to comply with applicable law or to protect and defend Jobybee LLC’ property rights, provided that the relevant third party receiving the information is bound by confidentiality.

 

11.4 Manipulation or attempt of manipulation of information on the Mobile app or other information or documentation provided by Jobybee LLC is unlawful and will be reported to the competent authorities.

 

12. Privacy Policy

 

12.1 Your use of the Mobile app is subject to our privacy policy on how we collect, use, protect and otherwise process your personal data. Please see our privacy policy on the website www.jobybee.com for more information.

 

13. Newsletters

 

When a User discloses personal information to Jobybee LLC, Jobybee LLC might send such User newsletters and other messages to the User’s email address, provided that Jobybee LLC deems it to be relevant.

 

Each User may at any time unsubscribe from newsletters by clicking the unsubscribe link in the newsletter or notifying Jobybee LLC via email.

 

14. Liability

 

14.1 Jobybee LLC is solely to be regarded as a provider of a platform for Users facilitating contact between Employers and Independent contractors, and Jobybee LLC assumes no obligations of any kind. Any use of the Mobile app takes place at the Users’ risk, and any obligation in relation to the planning and execution of any Work is a matter between the Employer and the Independent Contractor.

 

14.2 Jobybee LLC has no liability for late payment of salary if the delay is due to the Employer or Independent Contractor, including, but not limited to, if the Employer or Independent Contractor have provided incorrect information.

 

14.3 Jobybee LLC cannot be held responsible for any damages, either directly or indirectly, which may arise in connection with an Work Agreement and Users shall refrain from raising any claim against Jobybee LLC in relation thereto. It is explicitly stated that, in the light of the principle of equal treatment between permanent Independent contractors the latter must be covered by the Employers’ injury insurance and corporate insurance.

 

14.4 Unless otherwise provided in these Terms, Jobybee LLC cannot and must not be held responsible for any loss, damages, costs, expenses, or any other claims, including operating loss, loss of orders, loss of proceeds, loss of goodwill, loss of data or information, particular or indirect losses, consequential loss, or other losses originating in connection with these Terms.

 

14.5 Jobybee LLC does not assume any liability towards the Users regarding the content or links made available on the Mobile app.

 

14.6 Each User accepts that Jobybee LLC is not liable for any loss or failure of it systems (irrespective of the cause), nor can Jobybee LLC be held liable for any costs, expenses, losses or damages, irrespective of whether the cause is a defect or failure in the transfer of it systems. Jobybee LLC must, to the best of Jobybee LLC’ ability, endeavor to remedy such faults, defects, losses or failures as quickly as possible.

15. Assignment

 

15.1 No User may transfer its rights and/or obligations under these Terms or any Work Agreement to any other party without Jobybee LLC’ prior written consent.

 

16. Partial Invalidity

 

16.1 In the event that any provision in these Terms or the application thereof is declared or deemed invalid or unenforceable, partially or fully, such provision will be regarded as being separated and will not affect the validity and enforceability of the remaining provisions of these Terms.

 

17. Commencement and Termination

 

17.1 The User may terminate these Terms at any time by deleting his or her profile on the Mobile app, with or without cause, or by a written request to Jobybee LLC.

 

17.2 Jobybee LLC may at any time terminate any User’s profile and these Terms, with or without cause, by written notice to the relevant User’s email address or other contact information provided.

 

17.3 On termination pursuant to this clause 17, clauses 7, 9, 10, 14 and 18 remain in force.

 

18. Governing Law and Venue

 

18.1 These Terms are subject to Maltese law and are to be construed pursuant thereto without consideration of any conflicts between statutory provisions.

 

18.2 Any dispute that might arise from these Terms is subject to the jurisdiction of the City Court of Valletta, Malta.
 

19. Contact Information

 

19.1 Jobybee LLC may be contacted at:

Jobybee LLC

152 / No.9, Naxxar Road,  SAN GWANN SGN9030

 

Marsaskala, Malta

 

E-mail: info@Jobybee.dk