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.
INDEPENDENT CONTRACTOR TASKER (“TINYJOBBER”) 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
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.
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;
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.
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.
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.
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:
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.
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.
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.
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.
iii. Verification. Failure to pass any periodical verification test which may include police record checks and verification of stated certifications (if any).
9.3. Effect of Termination.
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.
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.