Last Revised: Nov 2, 2023
These Terms of Use between Requester (as defined below) & Spontaneous Paid Opportunities Today Inc. for use of Spontaneous Paid Opportunities Today Inc. Service (the “Terms” or “Agreement”) constitutes a binding agreement between the individual, entity, organization, or company (“Requester”) on whose behalf you are accepting this Agreement (“you”) and Spontaneous Paid Opportunities Today Inc. (“Spotwork” “us” or “we”) governing your use of the Service (as defined in the Spotwork End User License Agreement available at www.spotwork.co) to be connected to independent professionals seeking to provide services (“Professionals”). You hereby agree: (a) to comply with this Agreement; (b) that you have read, understand, and agree to (i) the Spotwork End User License Agreement (“EULA”), (ii) the Spotwork Privacy Policy (the “Privacy Policy”), each of which are incorporated into this Agreement by reference, and (c) that you are an authorized representative of the Requester, have the authority to bind the Requester to this Agreement, and agree to be bound by this Agreement on behalf of the Requester. If there is a conflict between this Agreement and the EULA or Privacy Policy, then this Agreement will govern with respect to the conflicting terms only. Capitalized terms used but not defined in this Agreement have the meaning specified in the EULA. The parties hereby agree as follows:
We may amend these Terms from time to time. Any amendments will be effective upon Spotwork’s posting of such updated Terms on our websites or through our Services (including our mobile applications). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
1. Spotwork is Solely a Venue for Communications. Spotwork is a communications platform for enabling the connection between you and Professionals. Spotwork does not itself provide professional services. Spotwork offers tools, information, and a method for you to obtain services from Professionals, but does not, nor does it intend to, provide such professional services. Spotwork and you intend for Professionals to provide services to you as independent contractors, and not as employees, workers, agents, joint ventures, partners or franchisees of Spotwork or the Requester for any purpose.
2. Projects.
2.1 The Service allows you to propose projects (“Projects”) for selection by Professionals. When posting a Project, you must include the proposed skills, location, date (as applicable), start time (as applicable), Project length (as applicable), rate of pay, and required certifications (“Project Details”).
2.2 You will have the opportunity to review Professionals who express interest for the Project and retain full discretion regarding the selection of the Professional you would like to complete the Project. Once a Professional accepts a Project through the Service, then the Professional will be solely responsible for completing the Project; provided, however, that if Spotwork is notified within a reasonable amount of time that the Professional selected by Requester is unable to complete the Project, Spotwork will re-distribute the Project to other Professionals as soon as reasonably possible.
2.3 Spotwork has no control or any right to control the manner or means by which Professionals complete Projects. Spotwork does not warrant or guarantee the content, completeness, reliability or veracity of the information posted by the Professional via the Spotwork website or mobile phone application. The Requester assumes all risk and liability with respect thereto and hereby releases and holds Spotwork harmless from all related liability, errors and omissions.
2.4 Spotwork does not warrant or guarantee any Professional’s physical presence on the Project once retained nor does Spotwork warrant or guarantee the successful completion of a Project by the Professional. The Requester hereby releases and holds Spotwork harmless from all related liability.
3. Accounts and Registration. You must register for an account on the Service. When you register for an account, you may be required to provide us with some information about yourself (such as your name, address, phone number, and email address). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected].
4. Payments. Requesters and Professionals using Spotwork contract for Projects directly with each other. Spotwork is not a party to any contracts for Projects. The App facilitates these contracts by supplying a medium through which you can connect with Professionals, schedule Projects, and make payments for Projects. You will be required to provide credit card details or send monies via wire transfer, direct deposit or other money instruments directly to the Payment Service Provider retained by Spotwork (the “PSP”). You will be responsible for paying the invoice for each Project (the “Invoice”), which will include the pricing terms of the Project agreed with and provided by the Professional (“Project Payment”). After Spotwork receives confirmation through the Service that you have selected a Professional for a Project, you authorize Spotwork to provide your payment details to the PSP for pre-authorized processing (payment by credit card) or processing of the Project Payment amount. After Spotwork receives confirmation through the Service that a Project has been completed, you authorize Spotwork to provide your payment details to the PSP for processing of the Project Payment amount. You may be charged a cancellation fee through the PSP if you book a Project, but cancel it before it is completed, as set forth in the Project pricing terms. Spotwork reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Project Payment, or (ii) refund, provide credits or arrange for the PSP to do so.
4.1 System Access Fee & Late Interest Charges
4.1.1 The PSP will process the Project Payment amount plus a system access fee. The system access fee is 30% of Project Payment unless otherwise agreed to in writing or e-mail. Payment of the Project Payment plus a system access fee is due within 10 business days of Project completion, unless agreed to other terms in writing or e-mail.
4.1.2 Requester will pay a per diem interest on any unpaid amount beyond the 10 business days at the interest rate of 12% per annum on all amounts outstanding (Project payments plus the system access fee inclusive), unless agreed to other terms in writing or e-mail**.**
4.1.3 If Project is cancelled by the Requester within 24 hours of Project start time, the
Requester will pay a cancellation fee equal to 50 percent of the prorated Project Payment amount plus the system access fee.
5. Interactions with Professionals. Any interactions or disputes between you and a Professional are solely between you and that Professional. Spotwork and its licensors will have no liability, obligation or responsibility for any interaction between you and any Professional.
6. License. You grant Spotwork a license to use your name, service marks, and logo (as provided by you to Spotwork) in order to identify a Project as being associated with you, and to advertise and promote Spotwork’s services.