TERMS AND CONDITIONS
Zoblix GMBH, Theresienhöhe 28, 80339 München, Germany (hereafter: Simply Tasks) operates a mobile platform on which offer so called Micro-Jobs (also called Missions). These Micro-Jobs may then be accepted by the Simply Tasks users (Contractors).
These Micro-Jobs can be done by the contractor if available.
Simply Tasks is acting as a contractual partner for the client as well as the contractors. Contracts between the client and the contractors as such, are not allowed. Simply Tasks objects to all terms and conditions reserved by the contractual parties.
II. Contract Objective
Simply Tasks provides a mobile application software (hereafter: App) on which Micro-Jobs are posted on behalf of the clients.
The App may be downloaded by the Contractors on their Smartphone. This App provides the contractors with the requirements for the Micro-Job and allows to accept and complete the Tasks required. Simply Tasks reserves the right to offer this App for selected Smartphone-models only.
III. Contract Signing
1.) General Information
a) Registration is free of charge. The Contractor may register by opening a Tasker account. Opening the account includes accepting the Terms and Conditions. Registration is not an automatic entitlement. A membership account is non-transferrable. Opening multiple accounts for the same natural or judicial entity is prohibited. Acceptance of the registration generates a servitude contract for the services provided on Simply Tasks´ web presence and Simply Tasks App. Accepting Micro-Jobs is contingent upon registering for membership.
b) Contractors must be a minimum of 18 years or older.
c) The Contractors’ agree to provide the queried registration data completely and truthfully.
d) Registration is valid only providing own real name and not for third parties. Contractors also agree to refrain from granting third parties access to their account and/or act on half of third parties when using this account.
e) In the event the data provided by the Contractor changes, the Contractor is obligated to report the changes to Simply Tasks immediately. The contractor must verify the accuracy of the data provided upon Simply Tasks request.
f) Contractors shall register with their full name and a valid email address and mobile phone number. The data provided (especially the email address) may not violate third party names and/or trademark rights, or violate good morals. In the event such a violation occurs, Simply Tasks reserves the right to delete and/or block the member at any time.
g) The membership account access data provided by Simply Tasks, as well as the password created by the member must be kept confidential by the member and shall not be disclosed to third parties. The contractors agree to notify Simply Tasks immediately in the event data is lost or misappropriation is suspected.
h) The Contractors are not Simply Tasks employees. They are external collaborators (freelancer) to the company. Therefore, each Contractor is responsible for signing their own insurance, making the corresponding declarations and paying the fees that correspond to this work in accordance with local laws.
2.) Contact between the client and Simply Tasks
a) The client requests Simply Tasks to create a campaign defining data to be collected for executing Micro-Jobs. The Micro-Jobs can be executed in a Point of Sale or anywhere the user is. In case the request is for Micro-Jobs in Point of Sales, the list of address can be either provided by Simply Tasks or by the client.
In general, these Micro-Jobs are visible to all contractors immediately after creation. Simply Tasks reserves the right to assess Micro-Jobs for internal company criteria and then decide if this Micro-Job will be published on the platform and/or App. The client is not entitled to publish the Micro-Job. Simply Tasks reserves the right to delete, and/or refuse publication without stating a reason. Simply Tasks also does not guarantee that the Micro-Jobs listed by the client will be accepted and completed by a contractor. In the case of a minimum execution rate, this has to be specified in the quotation email between Simply Tasks and the client.
b) The Micro-Job should be described in detail. The information, the objective and the questionnaire should be agreed in detail in a document brief by both parts (normally via email). Additional essential information, such as timeframes of validity and deadlines for the Micro-Jobs to be completed, as well as the contractor’s compensation should be listed.
Micro-Jobs, for which the contractor is unable to deliver the requested data, because the desired/listed location is not within the scope of location, wrong opening hours, shall be compensated by the client. It will apply the 80% of the unit price cost.
In case the Point of Sale impede the execution of the micro-job or data cannot be collected for incorrect/obscure information shall be compensated by the client. It will apply the 100% of the unit price cost.
c) Additional fees, calculated based on the order value, are incurred upon completion of the Micro-Job. These fees shall be disclosed to the client prior to posting the Micro-Job.
d) The Micro-Job may not violate statutory provisions, in particular, it may not have incorporated illegal, discriminating, pornographic or racist contents and, unless otherwise agreed upon, feature company logos or external links to advertising contents. Links to external URL’S may only exclusively serve the purpose of describing the detail of the Micro-Job. Simply Tasks may also optimize the Micro-Job by editing it, so it is presented to the user in a user-friendly and comprehensive manner and the verbiage meets the general platform principles. Simply Tasks shall not change the contents for the services requested.
e) The available results delivered to Simply Tasks by the contractors are published in the online dashboard.
f) the data collected by Simply Tasks will be stored for 24 months and the client will still be able to Access them. After this period, the data will be deleted and it will be not possible for the client to have access.
g) Simply Tasks validates the Micro-Jobs. In the event of asking the Contractor to provide additional information, the Contractor has 24 hours to provide additional information.
Since the date of execution of the Micro-Job, the client can refuse the results or ask for additional information to the contractor – for objective and verifiable reasons – within 5 working days. Acceptance can only be refused if the results essentially deviate from the Micro-Job´s description. If the client does not justifiably reject the acceptance within the above listed timeframe, the transmitted results are considered as accepted by the client.
In the event the results of a Micro-Job are not accepted for objective and verifiable reasons; the contractor is provided with a predefined timeframe to revise the results.
h) Unless otherwise agreed upon, Simply Tasks will bill the Micro-Jobs and all additional services provided individually and send an invoice to the client in form of a PDF, via email.
3.) Contract between Simply Tasks and the contractor
a) The contractor may only accept Micro-Jobs published on the App provided by Simply Tasks, if he meets the qualifications listed in the evaluation system outlined under VI.
b) The contractor may accept an offer to perform a Micro-Job based on the description listed on the App by clicking on the “accept Mission” button.
c) The contractor shall submit the results to Simply Tasks within the designated timeframe listed in the corresponding Micro-Job and/or listed for all Micro-Jobs. If the results are not rejected within 7 calendar days after submitting the Micro-Job, the job is considered as accepted. In the event of receive a request to provide additional information, the Contractor has 24 hours to integrate it. Submitting the services provided is only possible through the App provided by Simply Tasks. Upon submitting the job results, the contractor will receive a confirmation of data transfer via the APP. Images transferred to Simply Tasks are exclusively entered via the Smartphone on which the Simply Tasks App is installed and the access is granted.
d) The contractor shall ensure that the services and/or data transferred are not subject to third party rights and particularly, do not contain copy right or trademark/brand-name violations, or violate the intellectual rights of third parties. The contractor is solely responsible to obtain the necessary approvals or the consent of potential owners, if applicable.
e) By transmitting the data to Simply Tasks, the contractor grants Simply Tasks the exclusive spatial, timely and contextually unrestricted servitude and processing right to the extent it is legally possible and authorized. Furthermore, the contractor shall waive his right to be named pursuant to § 13 UrhG (Copyright Act). The contractor is required to obtain Simply Tasks´ consent for any and all cases to exercise the servitude and processing right.
f) The contractor can request payment of one or more Micro-Jobs after they have been accepted as correct results. The payment is possible only when the contractor reach 10 € credit in the wallet. For doing so, the contractor has to tap onto the ‘request payment’ button. Simply Tasks shall then compensate the contractor via PayPal as listed in the Micro-Jobs posting and according to stipulations contained herein, within 30 days after request. Upon request by Simply Tasks, the contractor shall provide a valid PayPal ID. Alternative payment methods are not available. The timeframe becomes valid upon providing the PayPal ID. If the Contractor presents a wrong PayPal address, when the wrong data matches with another PayPal account, reclaim is not possible. Claim of the money is only possible after payment execution when the wrong data do not matches with any other PayPal accounts.
g) Simply Tasks reserves the right to withhold the payment until the requested verification has been submitted. If a member does not provide the requested verification, Simply Tasks is entitled to block the payment to the account until the request verification has been submitted.
h) By providing the email address, the Contractor accepts to be contacted via email by Simply Tasks, with the scope of communicate last news, Micro – Jobs available and other commercial communication.
i) In case the Contractor links his ISC ID with the Simply Tasks account, it is implicity accepted that the information is shared by the two companies.
IV. Contract Cancellation by Contractor
1.) Every contractor has the option to cancel the contract for accessing and using the Simply Tasks platform without notice or providing a reason. Simply Tasks might maintain the data in case the Contractor wants to reactivate the account.
2.) In case the Contractor receives a payment the data will not be deleted for fiscal reasons.
3. The cancellation can be done from the App only, in the account tab, by clicking the button “Cancel account”.
1.) Regardless of the legal circumstances, Simply Tasks is only liable in the event of intent or gross negligence, otherwise the law shall prevail. The above exclusion from liability also applies to the benefit of Simply Tasks´ legal representatives or sub-contractors, in the event the member files a claim against the aforementioned.
2.) Claims resulting from lost profits, saved expenses, from third party damage claims, as well as other direct and subsequent damages cannot be honored, unless a characteristic warranted by Simply Tasks serves this purpose to protect the member from damages.
3.) These liability restrictions and exclusions do not apply to entitlements resulting from fraudulent actions by Simply Tasks and/or to claims that involve jeopardizing life, health or body.
4.) Simply Tasks does not guarantee the availability of the App or the web presence. The contractors are advised that availability may be limited occasionally due to technical errors or maintenance.
5.) The contractor shall hold Simply Tasks harmless from all third-party claims filed against Simply Tasks for which the contractor is responsible and/or liable. This particularly includes, but is not limited to the violation of third party rights, such as copy- and/or trademark/brand-name rights, as well as intellectual rights. The contractor shall bear the cost for potential legal actions.
6.) Simply Tasks is not liable for accidents or damages the user inflicts upon himself or others while performing a Micro-Job, Simply Tasks is not at fault. The user is advised to comply with all safety regulations provided and exercise utmost diligence.
VI. Evaluation System
1.) An evaluation system through which the contractor can be evaluated after completing a Micro-Job is in place. The evaluation system is a method to evaluate the reliability of the contractors as well as the quality of work provided. The accuracy of the evaluations is only checked via Micro-Job by Simply Tasks and may be subjectively inapplicable. The contractor is entitled to improve the Micro-Job result if it is not accepted, unless he has deliberately been trying to mislead (e.g. uploaded a completely different picture than requested).
2.) A Micro-Job can only be evaluated after it has been completed and the results have been accepted.
3.) The contractors are obligated to provide truthful and case-relevant information within the scope of the evaluation submitted.
4.) The use of the evaluation system contradicting its purpose is prohibited. This particularly includes misappropriated evaluations and evaluations used for another purpose.
5.) Simply Tasks has the right to delete evaluations in the event of existing violations of Terms and Condition or the applicable law.
VII. Status Points
1.) After each successful completion of a Micro-Job, the contractor will be credited Points. Points are virtual representation of the participation and commitment of a contractor on the platform. Points may be revoked if the Micro-Job is not accepted by the client.
2.) Points may also be used for evaluation purposes according to VI.
3.) Status Points reflect the Status Level (Circle). At the end of each year Status Points may be deducted to the next lower Status Level (Circle). However the Status Level (Circle) itself will be preserved for one more year.
VIII. Final Provisions
1.) The Law of the Federal Republic of Germany shall apply to all legal relations between the parties.
2.) If the customer is a business person, a legal entity under public law or a separate estate under public law, the place of fulfillment and legal venue for all disputes resulting from this contract is Munich.
Zoblix, Munich, June 2017Nutzungsbedingungen