INDEPENDENT CONTRACTOR AGREEMENT
TINYJOBS INC. (“TINYJOBS”) INDEPENDENT CONTRACTOR AGREEMENT
By signing up or continuing to use the service as an Independent Contractor (TINYJOBBER), You are agreeing to the following terms, which are summarized below, and set forth in greater detail in the Agreement:
THE FOLLOWING CONSTITUTES A SUMMARY OF KEY TERMS OF THE AGREEMENT, AND NOT THE AGREEMENT ITSELF AND DOES NOT INCLUDE ALL TERMS OF THE AGREEMENT. THIS SUMMARY IS NON-BINDING AND DOES NOT REPLACE OR SUPERCEDE THE AGREEMENT IN ANY WAY WHATSOEVER. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SUMMARY AND THE AGREEMENT, THE AGREEMENT WILL PREVAIL. YOU SHOULD READ THE AGREEMENT IN FULL PRIOR TO SIGNING IT.
- You are not guaranteed any minimum number of contracts for your services with TINYJOBS INC. by signing this Agreement. You are under no obligation to accept any tasks posted on the Website, and You do not need to deal with us exclusively.
- We may conduct background checks to verify information that You have provided us.
- If the tasks you perform require use of a vehicle, You must have an acceptable driving history.
- You are not an employee of TINYJOBS INC. and are responsible for your own statutory remittances, such as income taxes and Employment Insurance and certain other insurance coverages.
- You are responsible for providing and insuring all necessary tools, vehicles, and equipment, including safety gear, required to complete any contract with Us.
- You are responsible for Your own safety. If You determine that the working conditions are unsafe, you should notify TINYJOBS INC. and may withdraw from the situation without breaching of the Agreement
- You may not engage subcontractors to perform any part of any contract with Us. Subcontractors are not covered by the TINYJOBS INC. insurance policy, and you are responsible for any help that you retain.
- At all times during the term of this Agreement, You must ensure that:a. If required, You are registered or have applied to become registered under the Excise Tax Act for the purposes of the Harmonized Sales Tax (“HST”) or other applicable taxes.
b. You will obtain all permits, licenses and certifications which may be required under any applicable federal, provincial, municipal or other regulations at Your own expense.
c. You will comply with any and all applicable federal, provincial, municipal and other local laws.
- TINYJOBS INC. provides Commercial General Liability insurance for each independent contractor performing task services (“TINYJOBBER’s”). This coverage is limited as described in the Agreement.
- We do not perform background checks or verify the identity of Our clients asking for the completion of tasks (“Users”). You bear all risks associated with interacting with Users.
- Either Party may terminate this Agreement after giving 30 days written notice to the other Party at any time. Under certain circumstances, TINYJOBS INC. may also terminate this Agreement immediately in order to protect clientele and/or business interests.
INDEPENDENT CONTRACTOR TASKER (“TINYJOBBER”) AGREEMENT
- TINYJOBS INC. is the owner and operator of the Website and TINYJOBS App, which enables individuals in the business of providing Tasker (“TINYJOBBER”) Services , who are operating their own independent businesses for their own account and who have passed TINYJOBS verifications, to connect with and enter into contracts for Tasker Services with Users.
- You are a self-employed, independent Tasker offering Tasker (“TINYJOBBER”) Services who wishes to enter into this Agreement in order to gain access to Users for the purpose of providing Tasker Services to such persons and TINYJOBS is willing to provide such access on the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and obligations contained in this Agreement, the value and sufficiency of which hereby are acknowledged, the parties hereby agree as follows.
The following capitalized terms bear the following meanings unless the context otherwise requires:
“TinyJobs Services” means the Services offered by TinyJobs through the Website and Platform, including but not limited to access to the platform that permits Users to request the completion of various tasks, and connects Taskers(“TINYJOBBERS”) willing to complete such tasks to Users.
“Services Contract” means an agreement concluded through the TINYJOBS Platform consisting of a request for Tasker Services initiated by an User and which is accepted by a Tasker.
“Tasker Services” means the Tasker Services You are entitled to provide from the available list set out on the TINYJOBS Platform, as updated from time to time;
“User” means a person who has requested the completion of a task on the TINYJOBS Platform and who books Tasker Services on behalf of themselves or a person on whose behalf Tasker Services are booked by an authorized User; and
“User Requirements” means the requirements for Tasker Services which are notified to You by an User and which form an integral part of any Services Contract; and
- ENGAGEMENT AND SERVICE STANDARDS
- Engagement; Non-Exclusivity.Subject to the terms of this Agreement and satisfactory passing of any verification tests, TINYJOBS appoints You on a non-exclusive basis as an independent Tasker on the TINYJOBS Platform for the term of this Agreement. It is understood that no promises or representations whatsoever have been made as to the potential number of Services Contracts that You can expect at any time during the term of this Agreement. Subject to any terms specifically applicable to Lead Taskers, this Agreement does not provide any right for You to be offered any minimum number of Services Contracts whatsoever, at any time. You are under no obligation to accept any Services Contract made available on the Website. Nothing in this Agreement shall be interpreted as requiring You to provide Tasker Services exclusively to TINYJOBS or its Users. You remain free to provide Tasker Services and any other services to third parties.
- Application.In order to become a Tasker contracting with TINYJOBS, you must be at least eighteen (18) years of age. You will be required to fill out a questionnaire indicating the type of service you can provide, and your experience. You must have at least two (2) years of applicable experience in order to register with us as a Tasker. Once you have completed the questionnaire, if we are interested in your application, you will be invited to download the Tasker mobile application, go-through the TINYJOBS on-boarding process, and upload a short video introducing yourself. If we are interested in your application after we see your video, you will be invited to an in-person or telephone interview. You will also be required to consent to the TINYJOBS Code of Conduct.
It is TINYJOBS policy not to offer services via the Website that require permits to perform the services, and accordingly, if you are an independent contractor seeking to offer services that require a permit to perform, you are not eligible to register or apply as a Tasker with TINYJOBS.
- Verifications and Background Checks.You represent and warrant that You have provided true, complete and accurate information to TINYJOBS about your background and credentials prior to entering into this Agreement, including, but not limited to valid government issued identification, and proof of your ability to work in the jurisdiction in which you are providing the services. You further consent to TINYJOBS performing acceptable background checks and verifications of your credentials. TINYJOBS reserves the right to carry out investigations to determine that all Taskers are and remain qualified, able and suitable to perform the Tasker Services skill and diligence for TINYJOBS Users and their property.
- Driving History; Driving Abstract.If you are performing tasks that require you to operate a motor vehicle (including but not limited to moving services), you are required to have a good driving history with no major vehicle violations in order to register with TINYJOBS. If you are performing tasks that do not require operation of a motor vehicle, this section does not apply to you. TINYJOBS considers the following to be an acceptable driving history:
- You are able to legally and safely operate a motor vehicle and You do not suffer from any conditions that would impair your ability to safely operate a motor vehicle, including, but not limited to fainting spells, dizziness or loss of consciousness, epilepsy, diabetes, defective vision, heart disorder or any other condition that may affect Your ability to safely operate a motor vehicle.
- You do not have more than three (3) minor violations of the law in the past three (3) years. TINYJOBS considers minor traffic violations to be actions including but not limited to, driving no more than twenty-nine (29) kilometers over the speed limit, following to close, failing to signal, failing to obey traffic sign or traffic light, provided that none of these actions resulted in any criminal charges or any injury or loss to any person or property;
iii. You have not committed any major criminal violations in any circumstances. TINYJOBS considers major criminal violations to be actions including, but not limited to, impaired driving, failing to report an accident, leaving the scene of an accident, improper passing of a school bus, speeding in a school zone, driving without insurance, driving at speeds of thirty (30) kilometers or more over the speed limit, street racing, reckless and dangerous driving, failing to stop for the police, manslaughter, criminal negligence;
- You do not have and have never had any suspensions on Your driver’s license; and
- You have held a valid driver’s license for at least three (3) years.
By signing this Agreement and registering to be a Tasker with TINYJOBS, You represent and warrant that You have an acceptable driving history, as defined above, and You consent to TINYJOBS verifying your driving history. You further certify that you will advise TINYJOBS immediately of any changes to your ability to comply with any of the above terms during the Term of this Agreement.
- Independent Status; No Agency.You acknowledge that you are an independent contractor and not an employee of TINYJOBS and that TINYJOBS has advised You to seek independent tax counsel regarding independent contractor status so that You can satisfy Yourself that on entering into this Agreement, You will in fact have independent contractor status for all purposes including income tax purposes. For greater certainty, You are solely responsible for your own statutory remittances including but not limited to income tax, HST/GST, CPP, EI and any other similar taxes or contributions as are legally required. You represent and warrant to TINYJOBS that you understand and agree that You are not an employee of TINYJOBS and will not be entitled to: (a) any remuneration from TINYJOBS (b) participate in any of TINYJOBS employee plans, programs or benefits whatsoever, now existing or hereinafter established from time to time; or (c) receive any vacation time/pay, public holiday pay, paid leaves of absence, etc., which are only granted to employees of TINYJOBS. You agree to indemnify and save TINYJOBS and its owners, officers, directors, employees and agents harmless from and against all claims, actions, demands, suits, liabilities, losses, expenses, penalties, interest, costs or damages of every nature and kind whatsoever which TINYJOBS and/or its owners, officers, directors, employees and/or agents may have or suffer, arising out of any finding at any time by any court, tribunal or administrative body that you or any of your employees are actually employees of TINYJOBS. Without limiting the generality of the foregoing, You shall have no authority, without the written authorization of TINYJOBS to bind TINYJOBS in any act, promise, representation or contract, or to bind TINYJOBS to perform any obligations to any third party. You, and any person engaged by you to provide Tasker Services, shall not hold yourself out as being employees, partners, affiliates, or agents of TINYJOBS.
- Performance Standards.Performance Standards. Subject to Your obligations under this Agreement, You shall have sole discretion as to the management of Your business, time and resources. To the extent that such is not inconsistent with standards and procedures adopted by You for Your specific services, You agree to comply with the terms of this Agreement, TINYJOBS business practices, policies and procedures notified to You from time to time. You also agree to adhere to the Code of Conduct found on the Website and Basic Services Standards set out in Section 2.7 below which are service standards required of any Taskers engaged by TINYJOBS and are intended as guidelines for best practices when providing services to Users. You shall use all reasonable skill, care and due diligence expected of professionals in like circumstances and consistent with all applicable industry standards, currently recognized in the Tasker Services industry when performing the Tasker Services.
- Basic Service Standards.Users satisfaction is of great importance to TINYJOBS. Although we do not control the manner in which Taskers provide Tasker Services, we do require that all Taskers enrolled to use the TINYJOBS Platform meet the following minimum standards which form the basis of our company’s service standards:
- At all times behave in a respectful manner to Users;
- Identify yourself to the Users upon arrival at a job site;
- To treat Users property with respect, skill and care and leave the physical site where its Tasker Services are performed in a neat condition and not damage or disfigure such premises or Users property in any way;
- To collect, store and keep all details Personal Information of Users confidential and to disclose details of a Users Personal Information only in accordance with applicable laws;
- To arrive at the agreed time and location for appointments with the User and to give advance warning of any unavoidable delay to both the User and TINYJOBS;
- To only use or operate User property, including vehicles with consent of the owner of the property and under the supervision of the owner;
- To carry out the Tasker Services in a good, workmanlike, and professional manner in accordance with reasonable industry standards. Any Tasker Services that are not performed to this standard will be re-performed by the Tasker at no cost or expense to TINYJOBS;
- To comply with all applicable laws, statutes, rules, by-laws and regulations relating to the provision of the Tasker Services.
- TASKER SERVICES
- Asker Engagements.Each offer to perform Tasker Services will be provided as a request originating from an User and will typically include the location of the User and the nature of the services requested. Taskers are free to accept tasks posted on the Website depending on a variety of factors including Tasker availability, the nature of the User request, Tasker experience, and the geographic location where the Tasker Services are to be performed. You must complete that Services Contract on the date and time indicated by TINYJOBS in the work order. If you cannot complete a Services Contract after accepting the job, notify TINYJOBS immediately.
- Tools.You are responsible for providing all necessary tools and equipment, including safety gear, directly or indirectly required for the performance of Tasker Services pursuant to this Agreement. TINYJOBS shall not have any responsibility or obligation relating to Tasker’s tools, including but not limited to obtaining insurance coverage for any Tasker tools.
- Cancellations.If You must cancel or re-schedule a Services Contract notify Us immediately so that we may make arrangements to re-schedule the appointment. If you cancel, you will be required to pay a cancellation fee. If you cancel the task more than twenty four (24) hours in advance of the scheduled task appointment, there is a $10 fee payable to TINYJOBS. If you cancel within 3 to 24 hours of the start time, there is a $20 fee payable to TINYJOBS. If you don’t appear for a scheduled appointment, or cancel within zero to three hours of the start time, there is a $50 fee payable to TINYJOBS.
- Notice of Injuries.You shall promptly notify TINYJOBS of any injury (to others or Yourself), death, loss or damage to persons or property which is in any way related to the Tasker Services performed under this Agreement or happens at the home of someone receiving such Tasker Services, even though such occurrence was not caused or contributed to by You
- Safe Conditions.We do not perform background checks on, or pre-screen our clients. It is also your responsibility to assess safety and security when you arrive at the contract location and to decide whether to proceed with service delivery. You are responsible for Your own safety and for the safe performance of all Tasker Services under this Agreement. TINYJOBS is not responsible for and does not undertake to provide You with a safe place to work. If You deem a particular situation unsafe, You should immediately notify TINYJOBS and may withdraw from the engagement without breach. Unless there is reason not to notify a User of your withdrawal from an engagement, you will notify the User of your withdrawal and termination of the Services Contract.
- Location Services.All Taskers are required to download the TINYJOBS App onto a mobile device, and to allow the App to have access to device’s location services. This allows TINYJOBS to determine when Taskers arrive at, and leave a job site.
- Subcontractors.You shall not engage subcontractors to perform any Tasker Services, or any part of any Services Contract. Subcontractors are not covered by the TINYJOBS insurance policy, and if You subcontract the services of any individual in violation of this Agreement, You are solely responsible for any conduct, behavior, act, omission and any losses, negligence, damages, harm or any other injury caused by any Subcontractor in the course of providing the Services.
- FEES AND PAYMENT
4.1. Pricing. TINYJOBS will, in its sole discretion, determine the prices for the Services Contracts and may update prices without notice from time to time.
4.2. Payments for Tasker Services. Users will be charged the Connection fees for Tasker Services directly to TINYJOBS upon connection of the Services Contract. TINYJOBS will remit to Taskers their fees for the Services directly into the account indicated to TINYJOBS by the Tasker. Taskers shall only be paid for Services Contracts that are completed and performed in accordance with reasonable industry standards. Taskers are recommended, but not required to keep records of each completed Services Contract.
4.3. Tax Status.If required, Taskers will register for GST/HST, QST, or other value added taxes (collectively, “Sales Taxes”) and You are solely responsible for reporting and remitting such taxes to the appropriate government authority. The Fees paid pursuant to Section 4.2 above shall be inclusive of all Sales Taxes, unless indicated otherwise.
- TINYJOBS PLATFORM TERMS
5.1. Access to the Website and Platform. TINYJOBS shall make available to You access to the TINYJOBS Platform for the purpose of facilitating connections between You and Users.
- REPRESENTATIONS AND WARRANTIES.
6.1. TINYJOBS Warranties. TINYJOBS represents and warrants that it has all rights required to provide access to the Website and Platform and TINYJOBS further represents and warrants that it has the authority and the legal right to enter into and to perform its obligations under this Agreement.
6.2. Tasker Warranties. At all times during the term of this Agreement, You represent and warrant that:
- If required by law, You are duly registered or have applied to become duly registered under the Excise Tax Act for the purposes of the Harmonized Sales Tax (“HST”) (or other applicable taxes) in respect of Your business and will so remain registered throughout the term of this Agreement;
- You will, at Your own expense, obtain all certifications which may be required under any applicable federal, provincial, municipal or other local law, rule, regulation or ordinance to perform the Tasker Services in accordance with the terms and conditions of this Agreement and any and all Services Contracts;
- There are no actions, suits, or proceedings, pending or threatened, which will have a material adverse effect on Your ability to fulfill its obligations under this Agreement, and You will immediately notify TINYJOBS if, during the term of this Agreement, You become aware of any action, suit or proceeding, pending or threatened, which may have a material adverse effect on Your ability to fulfill the obligations under this Agreement or any Services Contract;
- You will comply with any and all applicable federal, provincial, municipal and other local laws, rules, regulations and ordinances applicable to You concerning the Tasker Services performed pursuant to this Agreement;
- Promptly pay and discharge all license and certification fees and business, use, sales, gross receipts, income, property or other similar or different taxes or assessments which may be charged or levied upon Tasker by reason of performance of the Tasker Services pursuant to, or arising out of or in connection with, this Agreement; and
- In providing the Tasker Services, You shall act honestly and in good faith and in a manner which will not harm the goodwill and reputation of TINYJOBS.
6.3. Disclaimer of Implied Warranties. Except for the express warranties provided in this Agreement, neither party makes any representations or warranties of any kind, including without limitation.
- RISK AND LIABILITY PROVISIONS
7.1.1. TINYJOBS Insurance Coverage. TINYJOBS shall at its sole cost and expense provide Commercial General Liability insurance, with a one thousand dollar ($1000 CAD) deductible for each Tasker for the Tasker Services completed under a Services Contract made through the TINYJOBS Platform. Such coverage is limited to injury to person or property while working with TINYJOBS. Any additional work undertaken and/or completed by a Tasker that is outside the scope of the task and/or Service Contract is not covered by the TINYJOBS insurance policy and is undertaken at the Tasker’s sole risk and peril.
You agree to release TINYJOBS from any and all liability for any injury, loss, harm, negligence, breach of contract, or any other damage that occurs in the connection with Contractor undertaking or performing any services outside of the scope the list of accepted services provided through the TINYJOBS platform.
7.1.2. Tasker Insurance Coverage. Tasker shall, at their sole cost and expense obtain and additional insurance that is required in connection with performing the Tasker Services that is not expressly covered in the TINYJOBS insurance policy. TINYJOBS shall not be liable in any way for any losses, injury, harm, negligence, or any other damage that occurs to Your vehicle or any other loss not expressly covered by the TINYJOBS insurance policy. Taskers operating as incorporated entities must obtain any required Workers Compensation Board (“WCB”) coverage. You and understand and agree that TINYJOBS shall not be responsible for providing such coverage for Taskers. You therefore consent to release TINYJOBS from any liability for any injury sustained in the course of Your provision of Tasker Services in connection with Services Contracts.
7.2. Indemnification. You shall indemnify, defend and hold TINYJOBS and its affiliates and their respective officers, directors, employees, agents and shareholders, and its and their respective assigns, heirs, successors and legal representatives, harmless from and against any and all costs, losses, liabilities, damages, lawsuits, judgments, claims, actions, penalties, fines and expenses (including, without limitation, interest, penalties, reasonable attorneys’ fees and all monies paid in the investigation, defense or settlement of any or all of the foregoing) (“Losses”) that arise out of, or are incurred in connection with: (i) Your performance or failure of performance under any Services Contract, lawful or unlawful or negligent acts or omissions (whether or not such acts are within the scope of employment or authority of such employees, subcontractors or agents), and in each such case any direct or indirect results thereof;(ii) Your breach of any representation, warranty, covenant or other commitment or provision in the Agreement or any Services Contract; and (iii) all purchases, contracts,debts and/or obligations made by You. The provisions in this Section 7.2 shall survive expiration or termination of this Agreement indefinitely.
7.3. Limitation of Liability. EXCEPT FOR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL TINYJOBS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES TO THE OTHER PARTY (INCLUDING, WITHOUT LIMITATION, ANY PAYMENT FOR LOST BUSINESS, FUTURE PROFITS, LOSS OF GOODWILL, REIMBURSEMENT FOR EXPENDITURES OR INVESTMENTS MADE OR COMMITMENTS ENTERED INTO, CREATION OF CLIENTELE, ADVERTISING COSTS, TERMINATION OF EMPLOYEES OR EMPLOYEE SALARIES, OVERHEAD OR FACILITIES INCURRED OR ACQUIRED BASED UPON THE BUSINESS DERIVED OR ANTICIPATED UNDER THIS AGREEMENT), WHETHER FORESEEABLE OR NOT, FOR ANY CAUSE WHATSOEVER WHETHER OR NOT CAUSED BY NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION 7.3 SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT INDEFINITELY.
7.4. Release. Because TINYJOBS does not verify Users identities, You agree that You bear all risk and You agree to release TINYJOBS (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your interactions and transactions with Users, including but not limited to any risk or actual harm suffered by you such as personal injury caused by provision of Tasker Services to Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- CONFIDENTIALITY AND PERSONAL INFORMATION.
8.1. Confidentiality. You represent and warrant to TINYJOBS that You have maintained and will maintain, in confidence, the terms and conditions of this Agreement, all financial or business plans of TINYJOBS, information relating to TINYJOBS internal operations, any list of Users, the details of any work order and the terms of any Services Contract, or TINYJOBS intellectual property, all information provided by any Users, and all data, summaries or reports relating to the foregoing, whether oral or written, and have not revealed, and will not reveal, the same to any persons not employed by it except: (a) at the written direction of TINYJOBS; or (b) as required to comply with applicable laws and regulations and orders for disclosure or audit by your regulatory body. Such confidentiality agreements shall not apply: (i) to information that is or becomes publicly available through no violation by You of Your obligations under this Agreement; (ii) to information furnished by a third party who was not, at the time at which such information was furnished, under a legal, contractual or fiduciary obligation to keep such information confidential; (iii) to information that was in Your possession prior to disclosure by TINYJOBS and which was not subject to a prior obligation of confidentiality.
- TERM AND TERMINATION
9.1. Term.The Agreement shall commence on the date on which it is entered into by you, and will remain in full force and effect unless or until terminated in accordance with the terms of this Section 9. The Tasker acknowledges that, subject to compliance with any applicable statutory provisions, the Tasker shall not be entitled to any payment for loss of business opportunity, disruption, office or other similar matter on any termination of this Agreement.
- For Convenience.Either Party may terminate this Agreement on provision of 30 days written notice to the other Party at any time. Upon such termination for convenience, You shall receive compensation for all Tasker Services completed prior to the date of termination of the Agreement.
- For Material Uncured Breaches.Either Party may terminate this Agreement for any material breach of this Agreement by one Party which, if capable of remedy, fails to be remedied within ten (10) days of the date of written notice by the non-defaulting party;
- Immediate Termination by TINYJOBS. TINYJOBS reserves the right to terminate this Agreement immediately if it deems, acting reasonably, that such termination is necessary for the protection of its clientele and/or business interests. Termination reasons may include, but are not limited to the following:
- Representations and Warranties.Material breach of representations or warranties;
- Criminal Conduct.If You commit or are charged with a criminal offence, as set out in the Criminal Code of Canada, during the term of this Agreement, it may result in the immediate termination of the Agreement.
iii. Verification. Failure to pass any periodical verification test which may include police record checks and verification of stated certifications (if any).
- Complaints.Multiple complaints from Users about Your provision of or failure to provide Tasker Services in the manner agreed or to the expected standards of performance.
9.3. Effect of Termination.
- Services Contracts.If any Services Contract remains open at the expiry date of this Agreement, then, at TINYJOBS sole discretion, this Agreement shall continue and expire only upon the completion of the last Services Contract then outstanding.
- Final Payments.Upon termination of this Agreement, TINYJOBS will pay to Tasker any outstanding amounts due and payable for previously completed Services Contracts in accordance with the terms of this Agreement.
9.4. Survival. Sections 1, 2.5, 6, 7, 8, 9.3 and 10 of this Agreement shall survive the expiration or earlier termination of this Agreement as well as any other provisions of this Agreement which must reasonably survive in order to give meaning to such provisions.
- GENERAL PROVISIONS
10.1. Independent Advice. You acknowledge that You have had the opportunity to seek financial, tax and legal advice with respect to this Agreement before entering into this Agreement. You confirm that You are not relying on TINYJOBS or any representations or inducements whatsoever in entering into thus Agreement. You are relying on Your own counsel and the counsel of Your own financial, legal and other advisors.
10.2. Relationship of the Parties. This Agreement is intended to create an independent contractor relationship between the Parties. You will be solely responsible for the payment of all provincial, federal, municipal and other local taxes and deductions on amounts payable to You under this Agreement. You shall indemnify TINYJOBS for any claims relating to such payments. You shall, at Your own expense, defend, indemnify and hold harmless TINYJOBS, its affiliates and customers and its and their respective officers, directors and employees from and against and all claims alleging that You are an employee of TINYJOBS or any of its affiliates or customers, and all liabilities, losses, costs, damages, penalties and expenses (including all legal fees and expenses and court costs) which TINYJOBS, its affiliates or customers or its or their respective officers, directors and employees may incur or suffer as a result of any such claims or as a result of enforcing the indemnification provisions set out in this Section.
10.3. Non-Solicitation. During the term of this Agreement and for a period of twelve (12) months following the effective date of the termination of this Agreement, regardless of the circumstances of such termination, You will not, without the prior written consent of TINYJOBS either directly or indirectly, on Your own behalf or in the service or on behalf of others, attempt to solicit, divert or appropriate, or attempt to solicit, divert or appropriate for any purpose competitive with the interest of TINYJOBS any User which was, or is generating revenues for TINYJOBS and to whom You had provided Tasker Services during the year immediately preceding the date of termination of this Agreement or any Tasker providing Tasker Services for TINYJOBS.
10.4. Notices. Any notice, request, demand, consent or other communication provided or permitted hereunder will be in writing and given by courier delivery, or sent by registered mail, postage prepaid to the Parties at the addresses set out below and will be deemed to have been received on the date on which it was delivered or transmitted by facsimile or electronic mail, or on the third (3rd) day next following the mailing thereof to the addresses for each Party indicated on the front page of this Agreement or such other address as a Party may designate in writing from time to time.
10.5. Assignment. You may not assign any of Your rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of TINYJOBS. Any attempt by a Party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
10.6. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Province of Quebec, and the laws of Canada applicable therein, which will be deemed to be the proper law of this Agreement, without regard to its conflicts of law principles. Any dispute arising from, connected with or relating to this Agreement or any related matters must be resolved before the Courts of Quebec, and the Parties hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
10.7. Publicity. TINYJOBS may list You on the TINYJOBS website and refer to You as a TINYJOBBER Services Tasker, in communications, press releases and other publicity with prospective clients and other interested parties.
10.8. Severability If any provision herein will be deemed or declared unenforceable, invalid or void by a court of competent jurisdiction, the same will not impair any of the other provisions contained herein which will be enforced in accordance with their terms.
10.9. Entire Agreement. The Parties intend that this writing (a) constitute the final and binding expression of their agreement and the complete and exclusive statement of the terms related to the subject matter hereof and (b) supersedes all prior negotiations, representations and agreements related to said subject matter. This Agreement may not be modified except by a written amendment referencing this Agreement and signed by both Parties.
10.10. Remedies; Waiver. No failure or delay by a Party to exercise any right, power or privilege provided under this Agreement or by applicable law will operate as a waiver. No single or partial exercise of any such right, power, or privilege will preclude any other or future exercise of any other right, power or privilege. The remedies provided under this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.
Last Updated: May 31, 2018.