JobForDrones Terms of Service: Drone Operators and Service Providers (“AGREEMENT”)
This version of the Service Provider Agreement was implemented and became effective on October 1, 2016 (“Effective Date”). It applies from the later of that date and the date on which you accepted it through the Site.
JobForDrones was created as an online marketplace to match customers for drone services with drone service providers (you.) When a job is posted, you may be asked to bid on the job and then enter into an agreement if your bid is accepted. You may also search for jobs on the JobForDrones site. However, JobForDrones’ only purpose is to help you to identify customers in your market. JobForDrones makes no guaranty, representation, or assurance that any agreement that you enter into with a client will be legally enforceable if challenged.
Prior to your entering into a given agreement with a client, JobForDrones shall have the right (but in no event any obligation) to reject any Agreement by notifying the parties thereto that they may not enter into the proposed Agreement.
Plain English: JobForDrones cannot guarantee that you will be paid or that the customer won’t change their mind. Our responsibility for the job ends when you and the customer agree to work together. But this is a summary, you must read the fine print.
The Site is available only to legal entities or persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. If you are a person who agrees to this Agreement on behalf of a company or other legal entity, the terms “Service Provider,” “you,” and “your” refer both to you personally and the entity on whose behalf you agree. Furthermore, you personally represent and warrant that you have the authority to bind that entity to this Agreement.
You agree that by bidding on a job to another User of the Site, a customer, you are agreeing and intending to enter into a binding legal agreement with that User if and when that User accepts your proposal. That binding agreement shall be between only you and that other User. JobForDrones shall not be a party to any agreement between you and another User. You understand and agree that JobForDrones does not deliver any goods or provide services for or on behalf of you, does not ensure payment by any User, and does not make any representations regarding the quality of such goods or services, except as otherwise expressly set forth in this Agreement.
Service Provider acknowledges, agrees and understands that: (i) the Site is merely a venue for introducing and facilitating agreements between Users; (ii) JobForDrones is not a party to any Job Agreements between Users; (iii) no User, including you, is an employee, agent, or representative of JobForDrones; (iv) JobForDrones is not an employee, agent, or representative of any User, including you; (v) JobForDrones does not, in any way, supervise, direct, or control any User’s work; (vi) JobForDrones shall not have any liability or obligations under or related to Job Agreements or for any acts or omissions by any User; (vii) JobForDrones has no control over Users; and (viii) JobForDrones makes no representations as to (a) the reliability, capability, honesty, qualifications, licenses, certificates, exemptions or other characteristics of any User or any User’s statements or conduct; or (b) the quality, safety, or legality of any Job delivered by a Service Provider.
Plain English: You work for your own company, not for JobForDrones. We are not responsible for your deliverables or your business. You are responsible for your own work, and accept the risks of entering into agreements with customers. This is a summary; you must read the fine print!
All content included in the Site, including but not limited to text, graphics, video, interfaces, logos, button icons, images, data compilations, software, and the compilation thereof is the property of JobForDrones or its content and software suppliers and is protected by United States and international laws. Unauthorized use of such intellectual property or information, or the Site, is prohibited.
JobForDrones reserves the right to expel or suspend any User at any time for any reason, at JobForDrones sole discretion.
The Service Provider agrees to accurately represent the services that Service Provider offers for sale on the Site, including but not limited to the Service Provider’s capabilities. JobForDrones is not a party to any Agreement or other agreements between or among Users. Service Provider agrees that the Service Provider, will be the merchant of record for all transactions through the Site, not JobForDrones.
The Service Provider shall not enter into any Agreement to provide services that is contrary to or will not comply with any applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services.
The Service Provider shall not post to the Site or include in any communications with another User, information that is libelous, defamatory, obscene, abusive, pornographic, threatening, inaccurate, or an invasion of privacy; an infringement of another’s intellectual property rights, including, but not limited to, copyrights and trademarks; illegal in any way or that advocates illegal activity under any applicable law; an advertisement or solicitation of funds, goods, or services, other than for the purpose of conducting business with other Users pursuant to the purpose of the Site as stated in Section 2 of this Agreement; an impersonation of another; or personal information of another, including but not limited to personal phone numbers, account numbers, personal addresses, or employer references.
JobForDrones is not and shall not be legally responsible for any remarks, information, or other content posted or made available on the Site by any other User or third party, even if such information or content is defamatory or otherwise legally actionable. JobForDrones is not responsible for and does not monitor or censor content for accuracy.
Service Provider shall at all times ensure that the information associated with the Service Provider’s account is accurate and updated. Service Provider may the terminate their account at any time; but shall, however, remain bound by the terms of this Agreement even if Service Provider disables Service Provider’s account.
All written communications relating to Jobs, transactions, or potential transactions between Service Provider and any other User must be conducted through the Site. All such communications must be in English and may not contain any requests to circumvent the Site.
Service Provider shall immediately notify JobForDrones if another User communicates in writing with Service Provider other than through the Site.
Service Provider may submit a Bid in response to a Bid Request. All information provided in a Bid must be true, accurate and complete. Service Provider shall submit a Bid for only Jobs that Service Provider is competent and able to perform. By tendering a Bid to a user, Service Provider is attesting that Service Provider has the skills, required license(s) if applicable and ability to perform the requested services by the deadline provided by the Agreement.
Service Provider agrees that for all Jobs for which Service Provider is entitled to payment from another User, all payments are to be made and accepted only through a payment mechanism provided or approved by JobForDrones (an “Approved Payment Mechanism”). Service Provider agrees to accept payments through any Approved Payment Mechanism, without discriminating among Approved Payment Mechanisms, and shall not accept payments from another User through any means other than an Approved Payment Mechanism.
Service Provider will pay JobForDrones a transaction-based fee for JobForDrones services and technology provided through the Site and otherwise (the “Service Fee”). For each Job, the Service Fee shall be equal to 10% of the total price that Service Provider bills to the User with whom Service Provider enters into the Agreement, excluding taxes and shipping or delivery costs.
JobForDrones shall have the right to collect the JobForDrones Service Fee directly from the funds provided by the paying Client through an Approved Payment Mechanism. All Service Fees are final and nonrefundable.
It shall be a breach of this Agreement for Service Provider to fail to deliver Jobs in a timely manner, as described in the Agreement, or otherwise in accordance with the Agreement.
JobForDrones provides its review system as a service to Service Providers and other Users, through which Users can express their opinions and experiences publicly about other Users. JobForDrones does not monitor or censor these statements, or investigate any remarks posted by Users for accuracy.
Service Provider acknowledges and agrees that the Site may contain publicly available comments and feedback about Service Provider from other Users with whom Service Provider has interacted through and in connection with the Site.
Service Provider agrees that by entering into this Agreement, Service Provider, for Service Provider and Service Provider’s predecessors, successors, and assigns (together, the “Service Provider Releasors”), releases and forever discharges JobForDrones and its predecessors, successors, assigns, agents, officers, directors, employees, subsidiaries, parents, affiliates, attorneys, contractors, and suppliers (together, the “JobForDrones Releasees”) from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether now known or unknown, liquidated or unliquidated, that any of the Service Provider Releasors has, may have, has asserted, or could have asserted, of any nature and relating to any subject, excluding the right of Service Provider to enforce this Agreement according to its terms.
In addition, without limiting the generality of the foregoing, Service Provider, for the Service Provider Releasors, specifically releases and forever discharges the JobForDrones Releasees from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether now known or unknown, liquidated or unliquidated, that any of the Service Providers Releasors has, may have, has asserted, or could have asserted, of any nature arising out of or in any way connected with any disputes Service Provider may have with any other User of the Site.
JOBFORDRONES MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO JOBFORDRONES’ SERVICES, WORK PRODUCTS, JOBFORDRONES RESOURCES, THE SITE, ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR BUSINESS CONDUCTED OR PURCHASES MADE WITH THE ASSISTANCE OF JOBFORDRONES, ALL OF WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOBFORDRONES DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, SERVICE PROVIDER AGREES THAT NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY SERVICE PROVIDER FROM JOBFORDRONES SHALL CREATE ANY WARRANTY OF ANY KIND NOT EXPRESSLY MADE HEREIN.
JOBFORDRONES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING OTHER USERS OR THEIR WORK, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES CONCERNING THE SAFETY OF PROJECTS OR USERS’ CAPABILITIES, HONESTY, RELIABILITY, TRUSTWORTHINESS, OR ABILITIES TO PAY.
IN NO EVENT SHALL JOBFORDRONES, OR ITS SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO JOBFORDRONES’ SERVICES, YOUR USE OF JOBFORDRONES’ SERVICES OR THE SITE, THE CONDUCT OF ANY USER (WHETHER TORTIOUS OR OTHERWISE) IN CONNECTION WITH THE USE OF THE SITE BY YOU OR ANY OTHER USER, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, AND EMOTIONAL DISTRESS.
TO THE EXTENT JOBFORDRONES IS EVER DETERMINED TO BE LIABLE TO YOU NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT JOBFORDRONES’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF JOBFORDRONES’ SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS, SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF PROJECT FEES PAID BY YOU TO JOBFORDRONES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF JOBFORDRONES IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL JOBFORDRONES BE LIABLE TO YOU, AND YOU WAIVE ANY RIGHT TO SEEK FROM JOBFORDRONES, CONSEQUENTIAL OR SPECIAL DAMAGES.
Service Provider agrees to indemnify and hold JobForDrones and JobForDrones’ parents, subsidiaries, affiliates, officers, directors, consultants, suppliers, contractors, agents and employees harmless from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to Service Provider’s conduct or failure to act, Service Provider’s use of JobForDrones’ services, or Service Provider’s use of the Site, including but not limited to claims or demands relating to Service Provider’s breach of this Agreement, failure to deliver a Job in accordance with a Job Agreement, violation or alleged violation of others’ intellectual property rights, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation.
JobForDrones may, in its sole discretion, remove, cease operating, change the functionality of, or otherwise modify its services and the Site at any time.
JobForDrones does not guarantee continuous, uninterrupted, ongoing access to the Site or any of the Site’s features, and operation of the Site may be interfered with or eliminated entirely by numerous factors outside JobForDrones’ control or at JobForDrones’ sole discretion.
Service Provider agrees to comply with all applicable domestic and international laws when using and in relation to JobForDrones’ service or the Site.
Service Provider understands and agrees that Service Provider and JobForDrones are independent entities, and that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement, or by the operation of the JobForDrones Service or the Site.
Service Provider further understands and agrees that JobForDrones is independent from all other Users, and that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between JobForDrones and any other User by virtue of any other User’s agreements with JobForDrones, or by the operation of the JobForDrones Service or the Site.
This Agreement shall be interpreted and governed by the internal laws of New Hampshire, without regard to conflict of laws principles.
ALL DISPUTES CONCERNING OR ARISING OUT OF THIS AGREEMENT, INCLUDING WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, SHALL BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), USING THE THEN-CURRENT APPLICABLE AAA RULES. THE LOCATION OF THE ARBITRATION SHALL BE THE AAA OFFICE IN BOSTON, MA OR ANOTHER LOCATION IN MASSACHUSETTS OR NEW HAMPSHIRE CHOSEN BY THE AAA OR THE ARBITRATOR.
THE FEDERAL ARBITRATION ACT, AS IN EFFECT AT THE TIME OF ANY ARBITRATION DEMAND, SHALL APPLY TO ANY ARBITRATION PURSUANT TO THIS AGREEMENT.
THE PARTIES SHALL EACH BEAR THEIR OWN EXPENSES RELATED TO ANY ARBITRATION. THE COSTS OF THE ARBITRATION TRIBUNAL, INCLUDING BUT NOT LIMITED THE ARBITRATOR’S AND THE AAA’S FEES, SHALL BE SHARED EQUALLY BETWEEN THE PARTIES, REGARDLESS OF WHICH PARTY PREVAILS. EACH PARTY TO THE ARBITRATION SHALL BEAR ITS OWN LEGAL FEES, REGARDLESS OF WHICH PARTY PREVAILS. THE ARBITRATOR SHALL NOT AWARD ANY MULTIPLE OR PUNITIVE DAMAGES, REGARDLESS OF WHICH PARTY PREVAILS. NOTWITHSTANDING ANYTHING TO THE CONTRARY PERMITTED BY THE APPLICABLE RULES OF THE AAA, ANY ARBITRATION PURSUANT TO THIS AGREEMENT SHALL INVOLVE SERVICE PROVIDER AND JOBFORDRONES ONLY IN THEIR INDIVIDUAL CAPACITIES, SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATIONS, AND SHALL NOT BE ARBITRATED AS A CLASS OR OTHER FORM OF REPRESENTATIVE ACTION. SERVICE PROVIDER AGREES NOT TO PARTICIPATE IN ANY ARBITRATION RELATED TO OR ARISING FROM THIS AGREEMENT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
ANY ACTION TO CONFIRM AN ARBITRATION AWARD PURSUANT TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION WITHIN SOUTH COUNTY, RHODE ISLAND. JOBFORDRONES AND SERVICE PROVIDER AGREE TO SUBMIT TO THE JURISDICTION OF ANY SUCH COURT, WAIVING ANY OBJECTION BASED ON PERSONAL JURISDICTION OR VENUE.
AT LEAST FORTY-FIVE (45) DAYS PRIOR TO EITHER PARTY INITIATING ANY ARBITRATION PURSUANT TO THIS AGREEMENT, THAT PARTY SHALL SEND TO THE OTHER PARTY A WRITTEN DEMAND DESCRIBING THE NATURE OF THE DISPUTE AND SETTING FORTH A PROPOSED RESOLUTION. THE PARTIES SHALL THEN ATTEMPT TO NEGOTIATE IN GOOD FAITH TO RESOLVE THE DISPUTE.
You understand and agree that JobForDrones disclaims all responsibility and liability for, and you shall not seek to hold JobForDrones liable for, the quality, content, nature, or reliability of other sites accessible by hyperlink from the Site, of sites linking to the Site, or of sites framing the Site (together, “Linked Sites”). Linked Sites are not under the control of JobForDrones, and JobForDrones shall have no responsibility for the content of any Linked Site or any link contained in a Linked Site. The inclusion of any link on the Site does not imply any affiliation, endorsement, or adoption by JobForDrones of a Linked Site or any information contained therein.
When leaving the Site for another site, you should be aware that this Agreement may not govern your use of the other site, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that other site.
Service Provider consents to receive communications from JobForDrones electronically, by email, posting on the Site, or messages to Service Provider through the Site. Service Provider agrees that all notices, communications, deliveries, or process shall be deemed delivered to and served on Service Provider upon emailing, posting, or sending through the Site, regardless of whether such notices, communications, deliveries, or process actually reach or are read by Service Provider. Service Provider waives any formal service or hard-copy delivery rights with respect to any communication, notices, deliveries, or process arising out of or relating to the JobForDrones Service or the Site.
The Site is not directed at or intended for use by any person located in any jurisdiction where the Site’s content or functionality is illegal or permitted only with necessary licenses or authorizations that JobForDrones has not obtained. You agree not to access or use the site in any such location and that you are responsible for determining whether use of the Site is permitted in your location.
JobForDrones may modify the Agreement at any time, in its sole discretion, by posting an amended Agreement on the Site. Unless otherwise indicated on the Site, any modifications shall be effective immediately. You agree that any such modifications shall be effective and that your continued use of the Site or the JobForDrones Services after any modification will be governed by the modified Agreement. JobForDrones may, but in no event shall it be required to, provide you notice of any modification by email or other form of communication. Except modifications that JobForDrones makes pursuant to this Section, or as otherwise agreed between you and JobForDrones in a writing signed by both you and JobForDrones, no other modifications to this Agreement shall be permitted. JobForDrones may terminate the Agreement at any time, in its sole discretion, by providing you notice of termination or by ceasing to operate the Site.
In the event that this Agreement is terminated, the following Sections shall survive any such termination and remain in effect: 5 (Limited License and Restrictions on Use), 6 (General Service Provider Performance), 7 (Communications with Users), 9 (Payments),11 (Failure to Deliver Jobs), 12 (Review and Reputation Management), 14 (Warranty Disclaimer), 15 (Limitation of Liability),16 (Indemnity), 18 (Legal Compliance), 19 (No Agency), 21 (Arbitration Agreement), 23 (Electronic Communications).