Here are our terms and conditions. Please contact us if you have any other questions.
Thank you for using Securetasks.
The Securetasks, LLC (“Securetasks”) Terms & Conditions (updated January 2019) outline Securetasks’ and Your obligations and responsibilities on the Securetasks Platform. In this update to our Terms and Conditions, Securetasks has updated information regarding User obligations, Fees and dispute resolution functions. Securetasks has also clarified the payment of cancellation fees for Users that cancel Task Contracts.
User Agreement: www.securetasks.com ("Securetasks") operates an online platform allowing Users to connect through the Securetasks Platform with other Users who provide Consulting Services.
These Policies are incorporated into this Agreement by reference. All defined terms in this Agreement have the meaning given to them in the Securetasks Glossary.
1. SCOPE OF SECURETASKS SERVICES
1.1 Securetasks provides the Securetasks Platform to enable Posters to publish Posted Tasks.
1.2 Experts may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users of the Securetasks Platform.
1.3 A Poster is an Employer.
1.4 A Employer can not modify a Posted Task at any time before he/she accepts an Offer. Securetasks reserves the right to cancel all Offers on a Posted Task or the Posted Task.
1.5 A Task or Project once Posted contains explicit contractual terms between the Employer and the Expert bidder, this can not be amended.
1.6 Should the Employer deem that they have Posted a Task or Project with content they want to change, then the Employer can archive the Task or Project and modify it then repost the modified task/project.
1.7 When Experts bid on projects they are bidding a GST, VAT or Sales Tax Inclusive Price. Experts are responsible for the collection of sales taxes according to the normal operating procedures of their local taxing authority.
1.8 Securetasks is not responsible for the collection of sales taxes except where applicable on the fees it charges for the use of its Platform.
1.9 If a Employer accepts an Offer on the Securetasks Platform, a Task Contract is created between the Expert and the Employer. The task Contract terms are referenced in the Model Task Contract between Employer and Expert.
1.10 Upon creation of a Task Contract, the Employer must pay the Agreed Price and any other fees into the Escrow Account.
1.11 Upon creation of the Task Contract, Securetasks has rendered Securetasks Services and a Service Fee is due and payable by the Employer.
1.12 Once the Task Contract is created, the Expert and Employer may vary the Task Contract details and deliverables on the Securetasks Platform. The Employer and Expert are encouraged to use Securetasks’s private messaging system to amend or vary the Task Contract (including the Agreed Price) or to otherwise communicate. Failure to use Securetasks’ private messaging facility may affect dispute outcomes.
1.13 The Expert must perform the Services required under the Task Contract, including in accordance with any additional terms or conditions agreed by the parties.
1.14 Once the Services are complete, the Expert must provide notice of that on the Securetasks Platform.
1.15 Once the Services are complete, the Employer must provide notice that the Task or Project has been accepted without dispute on the Securetasks Platform.
1.16 The Task or Project is deemed closed and accepted by the Employer when they click the “Finish” button on the Securetasks Workspace for the Task or Project.
1.17 Once the Posted Task has been completed and the Employer confirms the Services are completed (as above), or if Securetasks is satisfied the Services have been completed, the Funds in Escrow will be released from the Escrow Account to the Expert.
1.18 After the Task Contract is completed, the parties are encouraged to review and provide feedback in the form of a star rating for the Services delivered by the Expert or the conduct exhibited by the Employer on the Securetasks Platform.
1.19 Securetasks provides a feature enabling Employers to request Services based on Experts skills, reputation or other attributes. When this occurs, the Expert will be automatically notified of the new Posted Task or Project, and that the Employer would like the Expert to make an Offer to supply Services. However, that Expert will not have any further special rights and will need to follow the normal offer process to become the Expert for the Posted Task.
1.20 Should a Employer Post a Task or Project then accept a bid on the Task or Project and pay into Escrow the agrees fees then cancel the project and request the Funds in Escrow to be returned Securetasks will return the funds to the Employer as soon a practically possible less its Service Charges.
2. SECURETASK’S ROLE AND OBLIGATIONS
2.1 Securetasks provides the Securetasks Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks.
2.2 Securetasks does not provide comment or editorial on Posted Tasks.
2.3 Securetasks only permits individuals over 18 years of age to become Users.
2.4 Users must be natural persons, but can specify within their account description that they represent a business entity.
2.5 At its absolute discretion, Securetasks may refuse to allow any person to register or create an account with Securetasks or cancel or suspend any existing account.
2.6 Registering and creating an account with Securetasks is free for Employers.
2.7 Registering and creating an account with Securetasks requires a monthly membership fee for Experts.
2.8 In the future there may be a a charge for a Employer to post tasks, and there may be a fee for Experts to bid on Posted Tasks.
2.9 It is free or for Users to review content on the Securetasks Platform, including Posted Tasks or Expert Profiles.
2.10 All content on the Securetasks Platform is Copyright Securetasks LLC.
2.11 Securetasks accepts no liability for any aspect of the Employer and Expert interaction, including but not limited to the description, performance or delivery of Services.
2.12 Securetasks has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Experts to perform tasks or supply items, or the honesty or accuracy of any information provided by Employers or in some instances the Employers’ ability to pay for the Services requested.
2.13 Except for liability in relation to any Non-excludable Condition, the Securetasks Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.14 Securetasks has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.
3. USER OBLIGATIONS
3.1 As a User of the Securetasks Platform You will at all times:
(a) comply with this Agreement (including all published and unpublished Policies) and all applicable laws and regulations;
(b) only post accurate information on the Securetasks Platform;
(c) promptly and efficiently perform obligations to other Users under a Task Contract; and
(d) ensure that You are aware of any laws that apply to You as a Employer or Expert, or in relation to using the Securetasks Platform.
3.2 You agree that any content (whether provided by Securetasks, a User or a third party) on the Securetasks Platform may not be used on third party sites or for other business purposes without Securetasks’s prior permission.
3.3 You must not use the Securetasks Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your Securetasks account and must not deal Your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant Securetasks an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Securetasks Platform for the purpose of publishing material on the Securetasks Platform and as otherwise may be required to provide the Securetasks Service, for the general promotion of the Securetasks Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the Securetasks Platform must not, in any way whatsoever, be potentially or actually harmful to Securetasks or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Securetasks.
3.7 Without limiting any provision of this Agreement, any information You supply to Securetasks or publish in a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in Securetasks’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Securetasks Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming software, libraries, scripts or code that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
3.8 In the future the Securetasks Platform may from time to time engage location-based or map-based functionality. The Securetasks Platform may display the location of Employers and Experts to persons browsing the Securetasks Platform. Each Employer is asked to provide the country where the Services are to be delivered. A Employer should never disclose personal details such as the employers’s full name, street number, phone number or email address in a Posted Task or in any other public communication on the Securetasks Platform.
3.9 If You are a Expert, You must have the right to provide Services under a Task Contract and to work in the nominated country for the fulfilment of services. You must comply with tax and regulatory obligations in relation to any payment (including Expert Funds) received under a Task Contract.
3.10 Experts must provide Services to Employers in accordance with the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a third party or by any of our Policies.
3.11 You must not, when supplying Services, charge a Employer any fees on top of theFunds placed in Escrow. However, the parties to a Task Contract may agree to amend the Agreed Price through the Securetasks Platform.
3.12 You must not request payments outside of the Securetasks Platform from the Employer except to the extent permitted by clause 3.13 and only if the Securetasks Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.13.
3.13 If a Expert agrees to pay some costs for completing the Services (such as equipment to complete the Services), the Expert is solely responsible for obtaining any reimbursement from the Poster. Securetasks advises Experts not to agree to incur costs in advance of receiving the payment for these costs, unless the Expert is confident the Poster will reimburse the costs promptly.
3.14 If Securetasks determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the right, without reimbursement of fees, to remove any content, Posted Task or Offer You have submitted to the Securetasks Service or cancel or suspend Your account and/or any Task Contracts.
4.1 Upon the creation of a Task Contract, the Poster owes Securetasks the Service Fee. Securetasks will calculate this fee and add it to the agreed Task Contract Price. The Poster must place the Service Fee and Task Contract Price into the Escrow Account. The Service Fee will automatically be deducted from the amount held in the Escrow Account.
4.2 If the Posted Task requires a Expert to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
4.4 All Fees and charges payable to Securetasks are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
4.5 If Securetasks introduces a new service on the Securetasks Platform, the Fees applying to that service will be payable as from the launch of the service.
4.6 Securetasks may set-off any Fees against any Expert Funds or other amounts held by Securetasks on behalf of a User.
4.7 Securetasks may restrict a User’s account until all Fees have been paid.
5. PAYMENTS AND REFUNDS
(a) the Employer and the Expert mutually agree to cancel the Task Contract; or
(b) following reasonable attempts by a Employer to contact a Expert to perform the Task Contract, the Task Contract is cancelled; and
(c) Securetasks is satisfied that the Agreed Price should be returned to the Poster, then,
subject to clause 5.3, Securetasks will pay the Funds in Escrow held in the Escrow Account to the Employer, Less any service fees. Securetasks may also pay to the account of the Employer, on behalf of the Expert, an additional amount up to the value of the Service Fee collected in connection with the Task Contract. In this case this Service Fee will be reimbursable by the Expert to Securetasks.
5.2 Any amount paid by Securetasks on behalf of a Expert under clause 5.1 will be a debt owed by the Expert to Securetasks.
5.3 If a Task Contract is cancelled:
(a) Securetasks will retain the Service Fee in accordance with clause 1.20 and 4.1; and
(b) the cancellation will be attributed to the Expert unless the Expert can provide evidence to Securetasks’ satisfaction (in its sole opinion) that the Employer caused the cancellation of the Task Contract.If cancelled by the Employer (as determined by this clause), the Employer may pay a Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged under the relevant Task Contract (which will not exceed 22% of the Agreed Price).
5.4 If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
5.5 Following resolution of a cancelled Task Contract in accordance with clause 5.1, Securetasks may take up to 30 days to return the Agreed Price (less Service and Cancellation Admin Fees, if applicable) to the Employer.
5.6 If, for any reason, the Expert Funds cannot be transferred or otherwise made to the Expert or returned to the Employer (as the case may be) or no claim is otherwise made for the Funds in Escrow, the Funds in Escrow will be transferred automatically by Securetasks service provider Stripe Connect and will remain will in Securetasks Account until paid or otherwise for up to three months from the date the Employer initially paid the Agreed Price into the Escrow Account.
5.7 Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Expert Funds, the Expert Funds will be automatically converted to Stored Value and credited to the Employer.5.8 In the case of clause 5.7 Stored Value may only be used for the payment of Securetasks Service fees.
6. STORED VALUE
6.1 Stored Value :
(a) can be used by the credited User to pay for any new Services via the Securetasks Platform;
(b) are not refundable or redeemable for cash;
(c) cannot be replaced, exchanged or reloaded;
(d) are valid for 12 months from the last date the Securetasks credit is topped-up, the date of issue or purchase or any expiry date applied by Securetasks (subject to any contrary specific jurisdictional legislative requirements);
(e) may also be subject to additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on the when the Stored Value is redeemable (for example only for a User’s first Task Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
(f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Securetasks’s prior written permission.
6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. Securetasks will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
6.3 Securetasks will not accept, and may refuse or cancel, any Stored Value, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Securetasks reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.
6.4 Securetasks is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by Securetasks.
6.5 Should a User infringe Securetasks Policies and have their account suspended or cancelled all Stored Value will be deemed null and void.
7. BUSINESS PARTNERS
7.1 Securetasks may enter into agreements with Business Partners and may seek to engage Experts in the provision of Business Services. Experts who agree to perform Business Services for Business Partners acknowledge and agree that Securetasks and the Business Partner may on-sell Services supplied to third parties for an increased fee.
7.2 Business Partners may require Experts providing Business Services to be Approved As Verified or hold particular qualifications. Securetasks may assist Business Partners to locate suitably qualified Experts. Securetasks makes no warranty that it will promote any or all suitably qualified Experts to Business Partners.
7.3 Business Partners may require Experts to enter into a Business Partner Contract before providing Business Services.
7.4 Where a Expert accepts a Posted Task with a Business Partner:
(a) the Expert must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8. PAYMENT FACILITY
8.1 Securetasks uses Stripe Connect to operate its Escrow Account.
8.2 In so far as it is relevant to the provision of the Escrow Account, the terms of Stripe Connect are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.
8.3 Securetasks requires all Experts to establish a Stripe Connect Account.
8.4 Stripe Connect may charge users of their a facility a fee over and above the fees charged by Securetasks for the use of our Platform.
8.5 If Securetasks changes its payment provider or Escrow Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you may be given alternative means of payment.
9. THIRD PARTY SERVICES
9.1 Securetasks may from time to time include Third Party Services on the Securetasks Platform. These Third Party Services are not provided by Securetasks.
9.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the Securetasks Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
9.4 Securetasks makes no representation or warranty as to the Third Party Services.
10. VERIFICATION & BADGES
10.1 Securetasks may use Identity Verification Services. Securetasks may also use Certification Verification Services.
10.2 You agree that Securetasks Verification Services may not be fully accurate as all Securetasks Services are dependent on User-supplied information and/or information or verification services provided by third parties.
10.3 You are solely responsible for your verification and Securetasks accepts no responsibility for any use that is made of an Securetasks Verification Service.
10.4 Securetasks Verification Services may be modified at any time.
10.5 The Securetasks Platform may also include a User-initiated feedback system to help evaluate Users.
10.6 In the future Securetasks may make Badges available to Experts. The available Badge can be requested by the Expert via the Securetasks Platform, and arranged on behalf of the Expert and issued by Securetasks, for a fee. Obtaining Badges may be subject to the provision of certain information or documentation by the Expert and determined by Securetasks or a third party verifier subject to its terms.
10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Expert prior to commencing the task.
10.8 It remains the Expert’s responsibility to ensure that information or documentation it provides in obtaining a Badgeis true and accurate and must inform Securetasks immediately if a Badge is no longer valid.
10.9 Securetasks may, at its discretion, issue Badges to Experts for a fee.
10.10 The issue of a Badge to a Expert remains in the control of Securetasks and the display and use of a Badge is licensed to the Expert for use on the Securetasks Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Securetasks Platform.
10.11 Securetasks retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Securetasks.
11.1 Securetasks may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third party insurance will be displayed on the Securetasks website when they are available. Securetasks confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services.
11.2 Securetasks does not represent that any insurance it acquires or which is offered via the Securetasks Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance is required.
11.3 Securetasks may also take out other insurance itself and that insurance may at Securetasks’s option extend some types of cover to Users. Securetasks reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the Securetasks website and the policy details can be requested via Securetasks. Users are responsible for familiarising themselves with these details.
11.4 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Expert, and the insurance taken out by Securetasks (if any) responds to that claim then this clause applies. If a claim is made against a Expert, Securetasks may elect to make a claim under any applicable policy and if the claim is successful, Securetasks reserves its right to recover any excess or deductible payable in respect of the claim from the Expert. Where Securetasks makes a claim and the insurer assesses that the Expert is responsible, Securetasks is entitled to rely on that assessment. If You do not pay any excess due under this clause, Securetasks may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
11.5 The Expert acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by a Expert, and the insurance taken out by Securetasks (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Securetasks may elect to pay an amount to settle the claim. To the extent that the Expert was or would be liable for the amount of the claim, the amount paid by Securetasks may be recovered by Securetasks from the Expert. Securetasks may also elect to set this amount off against future moneys owed to the Expert in Escrow.
12.1 You can complain about any comment made on the Securetasks Platform using the ‘Report a Member’ form in the Contact Us section of the Securetasks Platform.
12.2 Securetasks is entitled to suspend or terminate Your account at any time if Securetasks, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Securetasks Users.
13. LIMITATION OF LIABILITY
13.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Securetasks specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Posters and Experts.
13.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Securetasks specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Securetasks Platform.
13.3 Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Securetasks is not liable for any Consequential Loss arising out of or in any way connected with the Securetasks Services.
13.4 Except for liability in relation to a breach of any Non-excludable Condition, Securetasks’s liability to any User of the Securetasks Service is limited to the total amount of payment made by that User to Securetasks during the twelve month period prior to any incident causing liability of Securetasks, or $50, whichever is greater.
13.5 Securetasks’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
14.3 Securetasks will endeavour to permit you to transact anonymously on the Securetasks Platform. However in order to ensure Securetasks can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Securetasks reserves the right to ask Users to verify themselves in order to remain a User.
15. MODIFICATIONS TO THE AGREEMENT
15.1 Securetasks may modify this Agreement or the Policies (and update the Securetasks pages on which they are displayed) from time to time. Securetasks may send notification of such modifications to Your Securetasks account or advise You the next time You login.
15.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Securetasks Platform in any manner, including engaging in any acts in connection with a Task Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
15.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Securetasks who will terminate Your Securetasks account, and stop using the Securetasks Service.
16. NO AGENCY
16.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Securetasks, its related entities or affiliates in any way whatsoever. Securetasks confirms that all Third Party Services that may be promoted on the Securetasks Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Securetasks specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
17.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Securetasks’ contact address as displayed on the Securetasks Platform, or to Securetasks Users’ contact address as provided at registration. Any notice shall be deemed given:(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside California.
17.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
18. MEDIATION AND DISPUTE RESOLUTION
18.1 Securetasks encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Securetasks may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
18.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
18.3 Securetasks may elect to assist Users resolve disputes. Any User may refer a dispute to Securetasks. You must co-operate with any investigation undertaken by Securetasks. Securetasks reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You may raise your dispute with the other User or Securetasks’s determination in an applicable court or tribunal.
18.4 Should Securetasks elect to assist another User in resolving a dispute and that user does not make a genuine attempt to resolve the Dispute in a timely manner Securetasks reserves the right to charge the Users account for its activity on hourly (or part thereof) basis. The hourly fee will be no less than $100.
18.5 Securetasks has the right to hold any Agreed Price that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.
18.6 Securetasks may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.18.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
18.7 If You have a complaint about the Securetasks Service please contact us.
18.8 If Securetasks provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Securetasks against any claims relating to any other use of information not permitted by this Agreement.
19.1 Either You or Securetasks may terminate your account and this Agreement at any time for any reason.
19.2 Termination of this Agreement does not affect any Task Contract that has been formed between Securetasks Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the Services or paying the Agreed Price as applicable.
19.3 Third Party Services are subject to Third Party Service provider terms and conditions.
19.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
19.5 If Your account or this Agreement are terminated for any reason then You may not without Securetasks’s consent (in its absolute discretion) create any further accounts with Securetasks and we may terminate any other accounts You operate.
20.1 This Agreement is governed by the laws of the County of San Mateo, in the State of California, United States of America or the Commonwealth of Australia, whichever Securetasks decides.
20.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
20.3 This Agreement may be assigned or novated by Securetasks to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
20.4 This Agreement sets out the entire understanding and agreement between the User and Securetasks with respect to its subject matter.
Revised April 2019, Copyright (c) Securetasks, LLC 2019 V3.1
MODEL TASK CONTRACT
The terms used in this Task Contract have the meaning set out in the Securetasks Glossary. A Task Contract is created in accordance with the Securetasks Agreement. Unless otherwise agreed, the Employer and the Expert enter into a Task Contract on the following terms:
1. COMMENCEMENT DATE AND TERM
1.1 The Task Contract is created when the Employer accepts the Expert’s Offer on a Posted Task to provide Services.
1.2 The Contract will continue until terminated in accordance with clause 7.2.
2.1 The Expert will perform Services in a proper and workmanlike manner.
2.2 The Expert must perform the Services at the time and location agreed.
2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Task Contract.
3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.
3.2 The Expert warrants that he/she has the right to work and provide Services and hold relevant licences in the nominated country where the work is to be performed.
3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.
4. PAYMENT OR CANCELLATION
4.1 Upon the creation of the Task Contract, the Employer must pay the Agreed Price into the Escrow Account.
4.2 Upon the Services being completed, the Expert will provide notice of completion on the Securetasks Platform.
4.3 The Employer will be prompted to confirm the Services are complete and accepted. If the Expert has completed the Services in accordance with clause 2 and Employer agrees, the Securetasks Platform release the Funds in Escrow from the Escrow Account to the Expert.
4.4 If the parties agree to cancel the Task Contract, or the Employer is unable to contact the Expert to perform the Task Contract, the Expert Funds will be dealt with in accordance with the User’s Securetasks Agreement.
5. LIMITATION OF LIABILITY
5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Securetasks and act in accordance with clause 18 of the Securetasks Agreement.
7. TERMINATION OF CONTRACT
The Task Contract will terminate when:(a) the Services are completed and the Agreed Price is released from the Escrow Account;(b) a party is terminated or suspended from the Securetasks Platform, at the election of the other party;(c) otherwise agreed by the parties or the Third Party Dispute Service; or(d) notified by Securetasks in accordance with the party’s Securetasks Agreement.
8. APPLICATION OF POLICIES
The parties incorporate by reference the applicablePolicies.
9. GOVERNING LAW
The Task Contract is governed by the laws of California, USA or the Commonwealth of Australia at the sole discretion of Securetasks. The parties submit to the exclusive jurisdiction of Securetasks selected governing jurisdiction.
Revised January 2019 Copyright (c) Securetasks, LLC 2019Securetasks
“CL” means the Consumer Law.
“Agreement” means the most updated version of the agreement between Securetasks and a User.
“Agreed Price” means agreed price for Services (including any variation) paid into the Escrow Account made by the Poster but does not include any costs incurred by the Expert when completing Services which the Poster agrees to reimburse.
“Securetasks” “we” “us” “our” means Securetasks, LLC a Delaware Registered Limited Liability Company.
“Securetasks Badge” means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Securetasks.
“Securetasks Platform” means the Securetasks website at https://www.securetasks.com Securetasks smartphone app, and any other affiliated platform that may be introduced from time to time.
“Securetasks Service” means the service of providing the Securetasks Platform.
“Badge” means an Securetasks Badge andVerification Icon.
“Business Day” means a day on which banks are open for general business in San Mateo, California, other than a Saturday, Sunday or public holiday.
“Business Partner Contract” means a contract between a Business Partner and a Expert to perform Business Services.
“Business Partner” means the business or individual that enters into an agreement with Securetasks to acquire BusinessServices.
“Business Services” means Services provided by a Expert to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner’s customer).
“Cancellation Admin Fee” means the Fee payable by a Poster for cancelling a Task Contract.
“Consequential Loss” means any loss, damage or expense recoverable at law:(a) other than a loss, damage or expense thatwould be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or (b) which is a loss of: a. opportunity or goodwill; b. profits, anticipated savings or business; c. data; ord. value of any equipment, and any costs or expenses incurred in connection with the foregoing.
“Consumer Guarantees” means the consumer guarantees contained in of the CL.
“Escrow Account” means the escrow account.
“Escrow Provider” means an entity that manages the Escrow Account (which may include Securetasks or its related bodies corporate).
“Fees” means all fees payable to Securetasks by Users including the Service Fee.
“Identity Verification Services” means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Securetasks Badges and Verification Icons.
“Marketing Material” means any updates, news and special offers in relation to Securetasks or its Third Party Services.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
“Offer” means an offer made by a Expert in response to a Posted Task to perform the Services.
“Poster” means a User that posts on the SecuretasksPlatform in search of particular Services.
“Posted Task” means the Poster’s request for services, and includes the deadline for completion, price and description of the Services to be provided.
“Reference” means a feature allowing aUser to request other Users to post a reference on the Securetasks Platform endorsing that User.
“Service Fee” means the fee payable by the Expert to Securetasks as consideration for the Securetasks Services (and comprised as part of the Agreed Price) displayed to a Expert prior to entering into each Task Contract.
“Services” means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.
“Site” means the website at https://www.securetasks.com
“Stored Value” means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the Securetasks Platform.
“Task Contract” means the separate contract which is formed between a Poster and a Expert for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Task Contracts.
“Expert” means a User who provides Services to Posters.
“Expert Funds” means the Agreed Price less the Service Fee.
“Third Party Dispute Service” means a third party dispute resolution service provider used to resolve any disputes between Users.
“Third Party Service” means the promotions and links to services offered by third parties as may be featured on the Securetasks Platform from time to time.
“User” or “You” means the person who has signed up to use the Securetasks Platform, whether as the Poster, Expert, or otherwise.
“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the Securetasks Platform to confirm details such as a User’s qualification, license, certificate or other skill.
Rules of Interpretation:
In the Securetasks Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) a reference to USD$, $USD, dollar or $ is to United States of America currency;
(e) a reference to time is to the time in California, USA;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;(g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(i) headings are for ease of reference only and do not affect interpretation;
(j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
Revised January 2019 Copyright (c) Securetasks, LLC 2019