This Agreement (this “Agreement”) is a contract between you (“you” or “Member”) and oncalljob.net ("Company" or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a member of our platform.
In consideration of the promises and agreements contained herein, you agree as follows:
You are required to scan and sign this agreement before applying for account registration.
To access and use the site as a service provider, you must register for an Account. For registration, you will be asked some personal information such as profile picture, voter ID number, etc.
By registering for an account to use the site, you agree to abide by this Agreement and the other Terms of Service.
The Company shall engage you and you will provide all services and support of your respective field to the buyers.
Company reserves the right to decline a registration to join Company for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
4. Confidential Information
The company acknowledges that it will be necessary for Service members to disclose certain confidential and proprietary information to the Company in order to perform duties under this Agreement. The company acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm members. Accordingly, Company will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of members without your prior written permission except to the extent necessary to perform services on your behalf.
Proprietary or confidential information includes:
• the written, printed, graphic, or electronically recorded materials furnished by you for Company to use
• any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Client makes reasonable efforts to maintain the secrecy of
• business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information
• information belonging to customers and suppliers of members about whom Company gained knowledge as a result of company services to you.
You hereby irrevocably assign to the Company (by way of present assignment of present and future rights) with full title guarantee absolutely and free from all encumbrances all right, title and interest in and to any and all Intellectual Property Rights in or relating to any and all Works and Inventions and all materials embodying such rights to the fullest extent permitted by law together with all accrued rights of action in respect of any infringement of such rights.
Notwithstanding the provisions, the Company may terminate the Engagement with immediate effect with no liability to make any further payment you (other than in respect of amounts accrued prior to the Termination Date) if at any time you:
commit any serious or repeated breach or non-observance of any of the provisions of this Agreement or refuses or neglects to comply with any reasonable and lawful directions of the Company; or
are convicted of any criminal offense (other than an offense under any road traffic legislation in Australia or elsewhere for which a fine or non-custodial penalty is imposed); or
are in the reasonable opinion of the Board negligent and incompetent in the performance of the Services; or
are incapacitated (including by reason of illness or accident) from providing the Services for an aggregate period of 5 working days in any 2-week consecutive period; or
are guilty of any fraud or dishonesty or acts in any manner which in the opinion of the Company brings or is likely to bring you or the Company into disrepute or is materially adverse to the interests of the Company.
Limitation of Liabilities
Company is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
bugs, errors, or inaccuracies of any kind in our Site or Site Services;
damage to your hardware device from the use of the Site or Site Services;
your use of or your inability to use our Site or Site Services;
delays or disruptions in our Site or Site Services;
viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
the content, actions, or inactions of third-parties use of the Site or Site Services;
a suspension or other action is taken with respect to your Account;
your reliance on the quality, accuracy, or reliability of job applying, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and
your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
Status / Indemnities
Your relationship with the Company will be considered as an independent member and nothing in this Agreement shall render you as an employee, worker, agent, or partner of the Company and you will not hold himself out as such.
You are liable for any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you against the Company arising out of or in connection with the provision of the Services or their termination.
The Company may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to you.
This Agreement constitutes the entire and only agreement and understanding of the parties and supersedes any previous agreement or understanding between the parties relating to the subject matter of this Agreement.
You acknowledge and agree that in entering into this Agreement Company has not relied on any statement, representation, warranty, understanding, agreement, undertaking, promise, or assurance of any person (whether a party to this Agreement or not) other than as are expressly set out in this Agreement and, to the extent that you have been so induced, Company unconditionally and irrevocably waives any and all claims, rights or remedies which Company might otherwise have in that regard.
This Agreement will be governed by laws of Australia, without giving effect to conflict of laws principles.
Please confirm your agreement to the terms set out in this Agreement by signing, dating, and returning to me both of the enclosed copies.
The oncalljob.net is a marketplace where clients and service members can identify each other and advertise, buy, and sell Services online. Subject to the Terms of Service, Company provides the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of Service Contracts, and assisting members in resolving disputes which may arise in connection with those Service Contracts.
If you create an Account as a service member on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.
Service members agree to pay us 20% on each reservation made through our platform.
The Company shall be entitled to deduct from the fees (and any other sums) due to any sums that you may owe to the Company at any time.
No refunds of fees already paid will be given.
If Company exercises its right to cancel a membership, Company will not refund any fee already paid unless otherwise required by law.
The company reserves the right to change fees plan, features, and services at any time with notice or without notice
You consent to the Company and its duly authorized agents and employees holding and processing both electronically and manually the data (including personal sensitive data and information contained in the email, email attachments, and other forms of electronic communication) it collects stores or processes that relate to you, for the purposes of the administration and management for compliance with applicable procedures, laws, and regulations.
To ensure regulatory compliance and for the protection of its workers, members, clients/customers, and business, the Company reserves the right to monitor, intercept, review and access any communication facilities provided by the Company that you may use during the Engagement. The Company will use this right of access reasonably but it is important that you are aware that communications and activities on the equipment or premises of the Company cannot be presumed to be private.
In many circumstances, you are not allowed to share your personal information, account details, social media, and/or your website links, with buyers. In case of a breach of this rule, your account may be suspended promptly.
All communications will go through only on the Company platform.
You agree to abide by the terms of the Company’s email, communications, and the data protection policy from time to time in force and attend any training in relation to process the Personal information in accordance with the Data Protection policy.
Without limiting the generality of the foregoing to the extent that the Company acts as a data processor on behalf of the Company in respect of any of the Purposes, you represent warrants and undertake:
to process the Personal Data only on behalf of the Company, only for the purposes of performing this Agreement and only in accordance with written instructions contained in this Agreement or received from the Company from time to time;
not otherwise disclose or permit the disclosure of any of the Personal Data to any buyer or any third party unless specifically authorized in writing by the Company;
that you shall promptly notify the Company about:
any accidental or unauthorized access to the Data: and
any request received directly from the data subjects without responding to that request unless the Company has been otherwise authorized to do so;
not do or omit to do or permit anything to be done which might cause the Company in any way to be in breach of the Data Protection Legislation;
the Parties agree to cooperate in good faith in resolving any other issues necessary to achieve the objective of both Parties’ compliance with the Data Protection Legislation.