Service Recipient Terms of Service
Last Updated: May 7, 2020
Jobox, Inc. (“Jobox”) operates an online platform that allows independent third party professionals engaged in various trades and businesses (“Technicians”) to collect payment for services provided to their customers (each, a “Service Recipient”), among other functionalities. These Terms of Service (the “Terms”), together with our Privacy Notice, govern your use, as a Service Recipient, of Jobox’s platform for purposes of making payments to Technicians for services provided to you. To make these Terms easier to read, our online platform is called the “Jobox Platform”. If you have any questions, you can reach Jobox by calling +1-888-851-0946, sending an email to email@example.com, or initiating a chat with our customer support team at https://viewinvoice.com/.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND JOBOX THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 8 “DISPUTE RESOLUTION” BELOW CAREFULLY FOR DETAILS REGARDING ARBITRATION.
- Agreement to Terms. By using the Jobox Platform, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Jobox Platform.
- Privacy Notice. Please review our Privacy Notice, which also governs your use of the Jobox Platform, for information on how we collect, use and share your information.
- Eligibility. You may use the Jobox Platform only if you are 18 years or older and capable of forming a binding contract with Jobox and are not barred from using the Jobox Platform under applicable law.
- Estimates and Payments Made Through the Jobox Platform.
(a) Any quote or estimate provided by the Technician is only a guide, not a contractually binding offer, and is not a guarantee of the actual price of services. By agreeing to the estimate, you authorize the Technician to provide the services and agree to pay all fees associated with the service.
(b) By initiating a payment through the Jobox Platform to the Technician for services provided to you, you agree to the pricing and other terms communicated to you by the Technician and to pay all such amounts.
(c) When you make a payment using the Jobox Platform (each payment, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your email and postal addresses and your phone number for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the Transaction (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). All payments for Transactions are non-refundable and non-transferable. All fees and applicable taxes, if any, are payable in United States dollars.
(d) By inputting your phone number, you consent to receiving transactional information about the services by text message, including by Automatic Telephone Dialing Systems (ADTS).
(e) You agree not to initiate a chargeback with your credit card issuer unless and until you have exhausted all attempts to resolve any disputes directly with the Technician and Jobox, and you understand that initiating a chargeback does not extinguish your obligation to pay. You further agree not to initiate chargebacks for reasons such as “no authorization,” “not as described,” “unrecognized,” and “product not received.”
(a) WHEN YOU ENGAGE A TECHNICIAN TO PROVIDE YOU A SERVICE, THIS ENGAGEMENT IS BETWEEN YOU AND THE TECHNICIAN ONLY, AND JOBOX IS NOT A PARTY TO SUCH ENGAGEMENT. JOBOX DOES NOT DELIVER, AND IS NOT RESPONSIBLE FOR, ANY SERVICES PROVIDED BY TECHNICIANS. TECHNICIANS ARE NOT EMPLOYEES OR AGENTS OF JOBOX. RATHER, JOBOX IS A TOOL USED BY TECHNICIANS TO MANAGE PAYMENTS. JOBOX IS NOT RESPONSIBLE FOR ANY ACT OR OMISSION OF THE TECHNICIANS.
(b) THE JOBOX PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER JOBOX NOR ITS TECHNICIANS INVOLVED IN PROVIDING THE JOBOX PLATFORM WILL BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, IN EACH CASE, WHETHER OR NOT JOBOX OR ITS TECHNICIANS HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL JOBOX’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE JOBOX PLATFORM EXCEED ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION 6 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOBOX AND YOU.
- Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 8 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Jobox are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Jobox each waive any objection to jurisdiction and venue in such courts.
- Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Jobox Platform (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Jobox agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Jobox are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 8(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 8(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.(f) Class Action Waiver. YOU AND JOBOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.(g) Severability. With the exception of any of the provisions in Section 8
(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
- General Terms. These Terms constitute the entire and exclusive understanding and agreement between Jobox and you regarding the Jobox Platform, and these Terms supersede and replace all prior oral or written understandings or agreements between Jobox and you regarding the Jobox Platform. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Jobox’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Jobox may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Jobox’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Jobox. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.