Terms Of Service
Last Update: January-2020
Buyers are users who purchase services on JobsClerk.
Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on JobsClerk.
JobsClerk Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from canceled orders as a Buyer.
Mjob Extras are additional services offered on top of the Seller’s Mjob for an additional price defined by the Seller.
Mjob Page is where the seller can describe their Mjob and the mjob’s terms, and the Buyer can purchase the Mjob and create an order.
Mjobs® are services offered on JobsClerk.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered mjob.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Mjob Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the JobsClerk platform, including with respect to the collection of funds from Buyers in connection with the purchase of Mjobs, remittance and withdrawal of funds to Sellers in connection with completed Mjobs, and the holding of funds in connection with JobsClerk Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase Mjobs on JobsClerk, subject to these Terms.
Sellers are users who offer and perform services through Mjob on JobsClerk.
Overview (Main terms, in a nutshell)
Only registered users may buy and sell on JobsClerk. Registration is free.
Mjob on JobsClerk may be offered at a base starting price of $5. Some Mjobs are offered at a base price of more than $5 as determined by the Seller.
Buyers pay JobsClerk in advance to create an order (see Purchasing Section below regarding payment terms).
Orders are purchased through the Order button found on a Seller’s Mjob page or through a Custom Offer.
For fees and payments please read the purchasing section.
Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Canceling orders will affect sellers’ reputation and status.
Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Mjob Extras, or selling their Mjob in multiples.
Users may not offer or accept payments using any method other than placing an order through JobsClerk.com.
Buyers are granted all rights for the delivered work unless otherwise specified by the Seller on their Mjob page. Note some Mjob charge additional payments (through Mjob Extras) for Commercial Use License.
JobsClerk retains the right to use all published delivered works for JobsClerk marketing and promotion purposes.
Terms of SellerSeller:
Sellers create Mjob on JobsClerk to allow Buyers to purchase their services.
Sellers may also offer Custom Offers to Buyers in addition to their Mjob.
Each order you sell and successfully complete accredits your account with net revenue of 80% of the purchase amount.
JobsClerk accredits Sellers once an order is completed.
If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s JobsClerk Balance.
Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of5 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue after the order is marked as complete.
Sellers may not promote their Mjob or any JobsClerk content via the AdWords platform.
Sellers may withdraw their revenues using one of JobsClerk withdrawal options (see Withdrawal Section below regarding payment terms).
The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
For security concerns, JobsClerk may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple JobsClerk accounts to a single withdrawal provider.
Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT, or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Mjob price shown on the Mjob page is inclusive of all such taxes and charges that may apply to the Sellers.
Appointment as Limited Payment Collection Agent: Seller hereby appoints JobsClerk as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to JobsClerk shall be considered the same as a payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by JobsClerk (or its Payment Services Provider, as applicable), and JobsClerk (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that JobsClerk (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against JobsClerk and not the Buyer directly. Seller agrees that JobsClerk may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that JobsClerk may deem necessary or prudent.
JobsClerk partners with Payment Services Providers for purposes of collecting Mjob-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the JobsClerk platform are performed by JobsClerk Payment Services Providers.
Sellers are allowed to post a select amount of active Mjob based on their plan.
Start Selling 3 service just $5 for 30 days.
Start Selling 5 service just $10 for 60 days.
Start Selling 10 service just $20 for permanent.
Start Selling 5 service in featured just $50 for 30 days.
Mjobs and/or users may be removed by JobsClerk from the Site for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy.
Adult-oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of Mjobs
Spam, nonsense, or violent or deceptive Mjobs
Mjobs misleading to Buyers or others
Reselling of regulated goods
Offering to prepare academic works on behalf of Buyers
Services that extend beyond 30 days of service duration
Exceedingly low-quality Mjobs
Promoting JobsClerk and/or JobsClerk Mjobs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Mjobs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
Mjobs that are removed for violations are not eligible to be restored or edited.
Mjobs may be removed from our Search feature due to poor performance and/or user misconduct.
Mjobs may include pre-approved website URLs contained within the Mjob description and requirements box. Mjobs containing websites promoting content, which violates JobsClerk Terms of Service, will be removed.
Mjobs are required to have an appropriate Mjob image related to the service offered. An option to upload two additional Mjob images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Mjob images. Recurring deliveries that don’t match the quality shown on the Mjob images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
Mjobs may contain an approved Mjob Video uploaded through the Mjob management tools available on JobsClerk.
Statements on the Mjob Page that undermine or circumvent these Terms of Service is prohibited.
Eligible Mjobs in select Categories may set up Mjob Packages to offer their services in structured formats with multiple price points for the selected Mjob.
Mjob Extras are additional services offered on top of the Seller’s Mjob for an additional price defined by the Seller.
Mjob Extras may be removed for violations of our Terms of Service. For specific terms, please see the Mjobs section above for a list of services that violate our Terms of Service. Mjobs are subject to be removed due to violations found in Mjob Extras.
The amount of Mjob Extras, which can be offered, and the price for each job Extra, is based on your Seller Level. More information surrounding your account eligibility for Mjob Extras.
Services offered through Mjob Extras must be related to the base service and part of the deliverables on the order.
Mjob Extras may cover different categories of services that are components to a higher quality delivered service.
Sellers have the option to extend the duration of an order for each Mjob Extra that is added to the order. This is to cover the time needed to complete the extra service.
Sellers can also send Custom Offers addressing specific requirements of a Buyer.
Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
Custom Offers are sent from the conversation page.
Services provided through Custom Offers may not violate JobsClerk Terms of Service.
To withdraw your revenue, you must have an account with at least one of JobsClerk Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with JobsClerk Payment Services Provider. All payment services, including withdrawal services, will be provided by JobsClerk Payment Services Provider.
Your JobsClerk profile can be associated with only one account from each JobsClerk withdrawal method. A Payment Service Provider withdrawal account can be associated with only one JobsClerk profile.
Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 5 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue after the order is marked as complete.
To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
Withdrawals can only be made in the amount available to you.
Withdrawal fees vary depending on the withdrawal method.
Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
Terms of BuyerBuyer:
You may not offer direct payments to Sellers using payment systems outside of the JobsClerk Order system.
JobsClerk retains the right to use all publicly published delivered works for JobsClerk marketing and promotional purposes.
Buyers may request a specific service from the Post a Request feature. Services requested on JobsClerk must be an allowed service on JobsClerk. Users should refrain from using the Post a Request feature for any purpose other than looking for services on JobsClerk.
Buyers pay JobsClerk to create an order from a Seller’s Mjob page or Custom Offer, using the Order Now button. JobsClerk partners with Payment Services Providers for purposes of collecting Mjob-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with JobsClerk Balances. All payments services in connection with the collection of funds on the JobsClerk platform are performed by JobsClerk Payment Services Providers.
JobsClerk serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by JobsClerk (or its Payment Services Provider, as applicable), and JobsClerk (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that JobsClerk (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against JobsClerk and not the Buyer directly.
In addition, buyers can request a Custom Order which addresses specific buyer requirements and receives a Custom Offer from Sellers through the site or through JobsClerk Anywhere.
In most locations, Mjobs may be purchased on JobsClerk by using one of the following payment methods: Credit Card, PayPal or existing JobsClerk Balance. Additional payment methods may apply in certain locations.
Your existing JobsClerk Balance will be automatically applied to your next purchase.
You may not offer Sellers to pay or make payment using any method other than through the JobsClerk.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
By using any payment method and/or providing payment details for making purchases on JobsClerk, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on JobsClerk; and (d) such actions do not violate any applicable law.
Buyers may pay on JobsClerk in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.
Buyers should note that the Mjobs’ pricing is derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
If you paid for an Order in a currency other than US$ and your Order was later canceled for any reason, the amount returned to your JobsClerk Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
Your JobsClerk Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your JobsClerk Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their JobsClerk Balance in US$ by changing their selected displayed currency.
Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location, and any applicable law, in addition to the Mjob price shown on the Mjobs page.
Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax, and/or deductions.
Terms of Order’s:
Once payment is confirmed, your order will be created and given a unique JobsClerk order number.
Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Mjob.
Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating, and result in a warning to Seller.
An order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An order will be automatically marked as Complete if not accepted and no request for modification was submitted within 5 days after the order was marked as Delivered.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact JobsClerk Customer Support department for assistance.
When a Buyer orders a Mjob, the Seller is notified by email as well as notifications on the site while logged into the account.
Sellers are required to meet the delivery time they specified when creating their Mjobs. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Seller’s status.
Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
Users are responsible for scanning all transferred files for viruses and malware. JobsClerk will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Buyers may use the “Request Revisions” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the Seller’s description on their Mjob page or they do not match the requirements sent to the Seller at the beginning of the order process.
Feedback reviews provided by Buyers while completing an order are an essential part of JobsClerk rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the JobsClerk platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the JobsClerk platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Buyers are publicly displayed on a Seller’s Mjob page.
Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Mjob page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
Withholding the delivery of services, files, or information required to complete the Mjob’s service with the intent to gain favorable reviews or additional services is prohibited.
Responding and posting a review: Once work is delivered, the Buyer has Five days to respond. If no response is provided within the response period, the order will be considered completed.
Users are allowed to leave reviews on orders up to 5 days after an order is marked as complete. No new reviews may be added to an order after 5 days.
Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Terms of Disputes and CancellationsDisputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact JobsClerk Customer Support department.
Disputes and Cancellations
Order cancellations can be performed on JobsClerk, when eligible, by Customer Support or through the Resolution Center per order.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
JobsClerk, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Mjob and the delivery may not be used if payment is canceled for any reason.
If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s JobsClerk Balance.
Revisions to deliveries can be performed by Sellers based on the Seller’s Mjob and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
Requests for revisions can be performed through the Order page while the order is marked as Delivered.
Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
JobsClerk encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
Eligibility for requests to JobsClerk to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the JobsClerk delivery system. See below for Order specific eligibility.
Completed orders (or, where applicable, completed milestones) may be canceled, upon review of our Customer Support team, up to 5 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).
In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 5 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the Buyer’s JobsClerk Balance and will be deducted from the Seller’s JobsClerk Balance or, if there are no sufficient amounts in the Seller’s JobsClerk Balance, from future revenues of such Seller.
Orders are not eligible to be canceled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Mjob page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
Buyers must use JobsClerk Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of JobsClerk.
Any non-permitted usage of JobsClerk encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations to JobsClerk Terms of Service.
JobsClerk Customer Support will cancel orders based on, but not limited to, the following reasons:
Active Orders (after the Buyer submits their requirements and before the Seller delivers on JobsClerk)
The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
The user is no longer an active JobsClerk user due to Terms of Service violations or closure of their account.
Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
The Seller requests additional payments, on or off the JobsClerk platform, by withholding the final delivery of services directly related to the agreed requirements.
The Seller is withholding the final delivery of services for improved ratings.
Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
Completed Orders (after the order is marked as complete and before the 5-day limitation)
Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
Buyers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use is found on the Seller’s Mjob page and cannot be retroactively included once the order is completed for over 9 days.
JobsClerk Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
JobsClerk does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s JobsClerk Balance and are available for future purchases on JobsClerk. Until January 1, 2019, funds returned to your JobsClerk Balance from cancelled orders will not include service fees paid. As of January 1, 2019, JobsClerk returns service fees to your JobsClerk Balance once an order is cancelled. In any event, if the service fees were not returned to your JobsClerk Balance following an order cancellation, such service fees’ amount will be exempted from your next purchase on JobsClerk.
Deposit refunds, when available from the payment provider, can be performed by our Customer Support team (based on the Order’s original payment currency). To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
JobsClerk enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on JobsClerk reflect the diversity of an expanding Mjob economy. Members of the JobsClerk community communicate and engage through orders, social media, and on JobsClerk Community Forums.
JobsClerk maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of JobsClerk. This section relates to the expected conduct users should adhere to while interacting with each other on JobsClerk.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team
To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of JobsClerk in order to circumvent or abuse the JobsClerk messaging system or JobsClerk platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
JobsClerk does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
JobsClerk does not provide protection for users who interact outside of the JobsClerk platform.
All information and file exchanges must be performed exclusively on JobsClerk platform.
Rude, abusive, improper language or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
JobsClerk is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through JobsClerk to contract, engage with, or pay outside of JobsClerk.
JobsClerk Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or canceling orders that do not align on Order Cancellation or Feedback policies.
JobsClerk reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, JobsClerk (or one of JobsClerk Payment Services Providers) will return parts or full revenue back to Sellers, otherwise, the chargeback amount will be borne by the Seller.
Users may report Mjobs to Customer Support that may be in violation of JobsClerk Terms of Service based on the reported Mjob’s replicated similarity to pre-existing services (copycat Mjobs).
Sellers warrant that any content included in their Mjobs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Mjobs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Mjobs.
JobsClerk will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – JobsClerk does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on JobsClerk should be friendly, constructive, and professional. JobsClerk condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – JobsClerk takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our member’s privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Mjobs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of JobsClerk will not be protected by our Terms of Service.
Authentic JobsClerk Profile – You may not create a false identity on JobsClerk, misrepresent your identity, create a JobsClerk profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. JobsClerk reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – JobsClerk will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures.
Fraud / Unlawful Use – You may not use JobsClerk for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the JobsClerk community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to JobsClerk Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on JobsClerk. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell JobsClerk accounts.
The Site, including its general layout, design, and content, is exclusively owned by JobsClerk and protected by copyright and trademarks. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
JobsClerk reserves the right to put any account on hold or permanently disable accounts due to a breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
Violation of JobsClerk Terms of Service may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on JobsClerk.
Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to JobsClerk approval.
Disputes should be handled using JobsClerk dispute resolution tools (‘Resolution Center’ on the order page) or by contacting JobsClerk Customer Support.
JobsClerk may make changes to its Terms of Service from time to time. When these changes are made, JobsClerk will make a new copy of the terms of service available on this page.
You understand and agree that if you use JobsClerk after the date on which the Terms of Service have changed, JobsClerk will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to JobsClerk by our users (Buyers and Sellers) is User Generated Content. JobsClerk does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, JobsClerk is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the Mjobs, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Mjobs service offers.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on JobsClerk. Sellers advertising their Mjob online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in the removal of the Mjob and may lead to the suspension of Seller’s account.
Ownership and limitations: Unless clearly stated otherwise on the Seller’s Mjob page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the BD. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when BD Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Mjob and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Mjobs (including for custom created work) charge additional payments (through Mjob Extras) for a Commercial Use License. This means that if you purchase the Mjob for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Mjob Extra and will have broader rights that cover your business use.
For Voice Over Mjobs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Mjob Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Mjob Extra. For further information on the type of buy-outs, please read below.
Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to JobsClerk, including Mjob texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by JobsClerk for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice Over Mjob, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to JobsClerk Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor JobsClerk will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Commercial Use License
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to JobsClerk Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor JobsClerk will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of WarrantiesWarranties:
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JOBSCLERK NOR ANY PERSON ASSOCIATED WITH JobsClerk MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL JOBSCLERK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, JOBSCLERK AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with JobsClerk, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting