TERMS AND AGREEMENTS
This document is the agreement between you, the User and On The Job Bob.com. This agreement sets the provisions under which the user (you) may register and use the web-site for the purpose of job posting and bidding on postings.
DEFINITIONS USED ON THIS SITE:
Site: AMP Times Inc. is the parent company and owner of the site also hereinafter referred to On The Job Bob.com.
Job Postings: Users post jobs on the site to solicit bids from workers.
Bidders: Anyone that places a bid on a job posting in an attempt to gain a job.
Job Poster: Individual (s) or a Company initiating a job posting in an effort to gain bids for same.
Worker: Individual or Company providing services and or materials to the Job Poster in association with a Job Posting.
User: Individual (s) or Company initiating a job posting and/or providing a service.
The initial term of this Agreement shall be a period of one (1) year from the Effective Date. Thereafter, the Agreement shall automatically renew for subsequent one (1) year terms. At any time, either party may terminate this agreement, with or without cause, upon thirty (30) days prior written notice. On The Job Bob.com reserves the right to immediately terminate any User who commits fraud, slander, a denial-of-service attack, or commits any other action which it deems inappropriate. Neither party has made any commitments regarding the duration or renewal of this Agreement beyond those stated herein.
Upon completion of Registration and after accepting the site Terms of Service, the User is authorized to post and respond to Job Postings. Final content of all responses to Job Posting documents is at the complete and sole discretion of the User. On The Job Bob.com reserves the editorial right to censor any responses that it feels are inappropriate. This is a master agreement between User and On The Job Bob.com and shall apply to all transactions and business conducted between the parties.
3. USERS OBLIGATIONS
User will provide bids via On The Job Bob.com in response to Job Postings placed On The Job Bob.com's website by Job Posters. This Agreement shall govern the business relationship between On The Job Bob.com and User despite any different or conflicting terms and conditions in User forms or other documents.
a User authorizes On The Job Bob.com to treat any person using User's password pair (username and password), and any resulting transactions, obligations and liabilities as if User used the website and/or services itself.
b User's information shall be true, accurate and up-to-date at all times. This includes, but is not limited to, information for posting and responding to Job Posting documents, information concerning intellectual property ownership and rights thereto. Worker shall determine how intellectual property rights shall be transferred, if any, to Job Poster. Worker is solely responsible for protecting its intellectual property rights, including works made for hire, and for negotiating all rights, title and interests therein with Job Posters.
c Worker agrees to post bids per the Job Poster’s specifications. As this site is intended for commercial purposes only...offering free services, or redirecting a Job Poster to a site other than On The Job Bob.com to fulfill their needs is prohibited. Violators of any of these terms can have all of their On The Job Bob.com accounts terminated, at the discretion of On The Job Bob.com.
d Advance Payments. Worker agrees not to ask for any 'Advance Payments' from Job Poster. An advance payment is a risky transaction where the Job Poster releases funds from his account prior to the delivery of the work (or percentage of work being accepted), is competed. Doing this completely circumvents and nullifies all the built-in Job Poster protections of the On The Job Bob.com payment system, and often results in the Job Poster losing part or all of their advance payment. Posters who choose to pay in advance do so at their own risk. On The Job Bob.com is not responsible for any potential or actual loses incurred.
e The anonymous nature of the Internet makes it possible for a Worker who has had their account involuntarily terminated (or who received unfavorable ratings on that account) to create another account on the site and resume transacting business on the site, against the will of On The Job Bob.com. On The Job Bob.com regularly monitors site profiles for this sort of action, and should the Worker be determined by On The Job Bob.com to have done this, will be banned from the site.
f Worker has the right to rate Job Posters on completed transactions and transactions that are cancelled in Worker's favor. However should On The Job Bob.com, at its sole discretion, determine that a Worker's rating is inaccurate or in any way retaliatory in nature, then On The Job Bob.com may amend, replace or delete the Worker's rating, and a note about such may be placed as a public rating on the Worker's account. A Worker who practices retaliatory ratings may be found in default of this agreement and banned from the site.
4. USERS REPRESENTATIONS
User represents that it has the full power and authority to execute this Agreement. User is the owner of, and/or has received all appropriate consent from the owners of, any and all material, information, intellectual property in any form, or other data that User makes available to On The Job Bob.com.
Upon Job Poster’s receipt and acceptance of Worker’s service or product, they will promptly indicate acceptance via the web site. Upon acceptance an invoice will be generated. This invoice to the worker will cover On The Job Bob.com fees for making the Job Posting available. The fee is based on a percentage of the agreed final price for the job with a minimum charge of $5. Final Job Poster confidential information will not be released until this invoice is paid in full.
Once both parties have awarded and accepted their respective bids and all fee On The Job Bob.com invoices for services have been paid there are no refunds available. It is the responsibility of both parties to settle any disputes that might arise and to settle their differences. On The Job Bob.com serves only as a matchmaker bringing together the worker and poster who individually make their own agreements on price and services.
On The Job Bob.com does not collect taxes, duties, fees or other governmentally imposed excises, so Worker and Job Poster agree to assume their respective responsibilities under the law.
7. TRADEMARKS AND CONFIDENTIAL INFORMATION
Trademarks. On The Job Bob.com may use Job Poster’s Trademarks in Job Postings, or related documentation. On The Job Bob.com’s or Worker’s use of Trademarks shall be consistent with proper trademark usage. Neither party grants to the other any right, title, or interest in any Trademarks except as provided in this Section. Worker is responsible for appropriately attributing any of its Trademarks or the trademarks of third parties.
Access to and Use of Confidential Information. A party receiving Confidential Information agrees (i) that it is claimed to be a trade secret of the other party, (ii) not to disclose or use any of such Confidential Information for any purpose except as necessary and consistent with the terms of this Agreement, (iii) to limit the use of and access to such Confidential Information to only those employees who have a need to know, and (iv) that it will immediately notify the other party in writing of any unauthorized disclosures and/or use thereof. Such notice shall include a detailed description of the circumstances of the unauthorized disclosure or use and the parties.
Exclusions. A party shall have no obligation as to Confidential Information that (i) is provided in a tangible form and not labeled as confidential or proprietary, or if provided orally, not designated as confidential or proprietary at the time of disclosure, (ii) is known to the receiving party at the time of disclosure, as evidenced by documentation in the receiving party's possession at the time of such disclosure, (iii) is independently developed by the receiving party (provided the receiving party can show that such development was accomplished by or for the receiving party without the use of or any reference to Confidential Information), (iv)becomes rightfully known to the receiving party from another source without confidentiality restrictions, (v) is or becomes part of the public domain through no wrongful act of the receiving party, or (vi) is furnished by the disclosing party to a third party without confidentiality restrictions. A receiving party may disclose Confidential Information pursuant to a competently authorized judicial or governmental request, requirement or order, provided that the receiving party takes reasonable steps to give the disclosing party sufficient notice to contest such request, requirement or order and/or to seek a protective order.
Return of Confidential Information. In any event of termination or expiration of this Agreement, each party will, within five (5) business days return to the other party such party’s Confidential Information.
8. INTELLECTUAL PROPERTY INFRINGEMENT INDEMNITY
Infringement Claims. Worker will defend and hold On The Job Bob.com harmless in any suit or proceeding based on a claim that any equipment, products or services transacted under this Agreement, constitutes infringement of any copyright, patent or trademark. Worker will pay all settlements or damages awarded against On The Job Bob.com, provided that On The Job Bob.com (i) informs Worker of such suit or proceeding in writing and within thirty (30) days of actual notice of a claim, and provides Worker with all related information, (ii) grants Worker the authority to settle or litigate such suit or proceeding, and (iii) provides all necessary assistance to Worker.
9. LIMITATION OF LIABILITY; INDEMNITY.
IN NO EVENT SHALL ON THE JOB BOB.COM BE LIABLE TO JOB POSTER'S, WORKER'S, OR ANY OTHER PERSON FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE COST OF COVER, LOSS OF PROFIT, USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT ON THE JOB BOB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification by User. User shall indemnify, defend (with counsel approved in writing by On The Job Bob.com) and hold On The Job Bob.com, its officers, directors, shareholders, employees, insurers, attorneys, successors and assigns harmless against any and all claims for cost, damage, expense (including reasonable attorney’s fees) or liability arising out of or related to the acts or omissions of Worker, its employees, representatives or agents.
10. DEFAULT AND TERMINATION.
Default. Should the User default, their account may be terminated by On The Job Bob.com. Worker shall be considered to have defaulted under the Agreement for any failure to perform its obligations to Job Poster under any Bid request awarded to Worker and/or if On The Job Bob.com discovers any material misrepresentation or omission that Worker has made in this Agreement or its Registration. In the case of either party, the failure by such party to observe or perform any material covenant or obligation under this Agreement shall constitute default. Worker may also be considered in default if they violate the site terms of service, or violate the Custom Software Job Poster Agreement (if they are also a Job Poster), or if their service to Job Posters is poor (defined as receiving 2 or more below average ratings and/or complaints).
Survival. The parties' obligations under Sections 7, 8 and 9 shall survive any termination and/or expiration of this Agreement.
Assignment. User shall not assign or transfer this Agreement without On The Job Bob.com’s prior written consent, which shall not be unreasonably withheld. Any attempted assignment shall be null and void.
Relationship of the Parties. This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder is the agent, broker, partner, employee, or legal representative of the other for any purpose, except that On The Job Bob.com is the agent for Worker and Job Poster in bringing the two, or more, parties together using the On The Job Bob.com website. For all purposes, the parties are independent workers.
Excused Performance. Neither party shall be liable for failure to perform its obligations under this Agreement for causes beyond its reasonable control.
No Waiver. The failure of either party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party to thereafter enforce any such provision.
Unenforceable Provisions. If any term of this Agreement is found to be illegal or unenforceable, the remaining portions of this Agreement shall remain in effect, provided that the parties agree to negotiate in good faith substitute enforceable terms.
Modifications; Special Agreements; Entire Agreement. Note that On The Job Bob.com reserves the right from time to time to amend, modify or change this agreement. When this happens, On The Job Bob.com shall notate the new information clearly and post a notice in the 'news' section of the site about the update. Due to the majority of parties requesting not to be contacted via email about updates to the site, email notice will not always be given. Additionally, due to the financial costs associated with written notices...written notice will not always be given. If you are interested in keeping abreast of the latest changes to this agreement, then please bookmark this page and review it from time to time, or monitor the 'news' section of the site.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY PROVIDING NOTICE TO US. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Should On The Job Bob.com and the User come to a special understanding not outlined in this agreement it will be laid out in writing and signed by both parties.
This Agreement is the entire understanding between User and On The Job Bob.com with respect to the subject matter of this Agreement, and supersedes all (i) proposals, oral or written, (ii) negotiations, conversations or discussions between the parties and (iii) industry custom or past course of dealing, relating to the subject matter.