JoobPay Software Terms of Use Appendix
This license may not be assigned by THE USER in whole or in part.
JOOBPAY, is the owner of the Copyright on JOOBPAY, and, therefore, reserves the right of reproduction, public communication, distribution, importation, translation and any transformation of said program, by any means known or to be known. By virtue of this contract, THE USER only acquires the right to use the software. JOOBPAY, reserves all the rights determined in the intellectual and industrial property laws, and those not expressly granted in this contract. THE USER may not publish, copy, rent or lend the software; transmit the software; attempt to circumvent the technical protection measures of the software; use reverse engineering techniques, decompile or disassemble the software, may not use the functions in such a way that may interfere with the use that other people make of them, or try to access any service, data, account or network, in an unauthorized manner.
The execution, interpretation, performance and termination of this agreement shall be governed by and construed in accordance with the laws of the United States of America. Both parties agree that in the event that any of the terms or conditions that give form and content to this contract is declared null, illegal or unenforceable by a competent authority, all other terms and conditions shall remain in full force and effect for THE PARTIES, provided that the substantive object of the contract is not affected.
In no event shall JOOBPAY or its employees or contractors be liable under any theory of liability for general, special, incidental or consequential damages, including, without limitation, loss of production, loss of profits, loss of revenue, loss of data, or any other commercial or economic disadvantage suffered by THE USER that, in the aggregate, exceeds the amount of fees paid by THE USER for the services giving rise to such damages in the one (1) year period prior to the claim.
Neither party shall be liable to the other for any act, contract, tort, negligence, arising out of or in connection with this contract which causes the other to suffer any economic loss (including, without limitation, loss of revenue, profits, contracts, data, business, anticipated savings or cost of substitute services); any loss of goodwill or reputation; any special, direct, indirect or consequential loss suffered or incurred by a party arising out of or in connection with the provisions of, or any matter under, this contract; whether or not such losses were contemplated by the parties at the Effective Date.
Nothing in this Agreement shall exclude or limit either party’s liability for losses incurred by the other party as a result of: death or personal injury due to wilful misconduct, gross negligence of the other party or that of its employees, affiliates or subcontractors; fraud, bribery or facilitation of local or foreign tax evasion by a party; for infringement of intellectual property rights; for damages suffered for breach of the legal rules and clauses of this Agreement for protection of confidential information, non-competition and data protection; or generally a breach of applicable law by either party.
1. To pay the total value of the price on the date and under the conditions agreed upon, in addition to timely payment of the services rendered, including interest for late payment in case of non-compliance.
2. To use JOOBPAY in accordance with the terms of use set forth in this Agreement.
3. Exonerate, in any case, JOOBPAY, from any liability for damages that THE USER may suffer as a direct or indirect result of improper use made on JOOBPAY.
4. Maintain confidentiality in the use of the information disclosed to him/her, during the term of the contract, such obligation subsisting once the contract is terminated. If this obligation is not fulfilled, THE USER will be criminally liable.
5. Do not use JOOBPAY to commit fraudulent activities.
6. Act in good faith.
7. THE USER may use the platform to hire personnel directly [YOU HIRE], or to hire personnel whose services are used for your benefit [WE HIRE and EMPLOY FOR YOU].
8. The fees, benefits, salaries, agreed in “THE ORDER OF SERVICES” will be paid through the JOOBPAY platform, in a timely manner.In case of late payment, JOOBPAY is authorized to pay the contractor or employee with the amounts consigned in the payroll fund, and to terminate the contract or order of services entered into with the contractor or employee.
9. Fees are agreed and shall be paid in dollars. THE USER agrees to make payment in dollars and in the amount agreed upon in the contract, regardless of the value in the provider’s local currency at the time of payment.
10. In case of using the platform for the [WE HIRE FOR YOU] modality, THE USER shall ensure that the contractor performs the work independently, without subordination, using its own tools, instruments, facilities and equipment.
11. THE USER shall ensure respect for the intellectual property rights of JOOBPAY and the employees and/or contractors hired through the platform.
12. THE USER shall refrain from offering, contracting, making any type of agreement, pact, business or agreement with employees, workers or contractors linked through the JOOBPAY platform. Likewise, for the same time shall refrain from inducing or promoting that JOOBPAY employees, workers or contractors resign or terminate their contractual relationship with. The violation of this provision shall entitle THE CONTRACTING COMPANY to an indemnity for damages to be paid by THE CUSTOMER, equivalent to two hundred percent (200%) of the gross annual compensation of the person claimed.
13. During the provision of the contracted work, JOOBPAY will have access to laptops and desktop computers and other similar devices in which, due to the provision of the services, the software or software for tracking, monitoring and productivity of the activities is installed. Therefore, it may access, monitor, track, capture or record the activities carried out in such devices, generate productivity reports, determine the nature of productivity or unproductiveness of the navigation activities or in general of those that are executed in such devices, and carry out all those steps to verify compliance with the responsibilities and contracted services. Therefore, authorization is granted to JOOBPAY to have such access during the provision of the contracted work and without prior notice.
Since THE USER may have access to confidential and personal information, THE USER agrees to cooperate and ensure the protection of such information and prevent unauthorized disclosure, in accordance with current data protection regulations, not to make improper use of personal data, to prevent and detect any violation of the internal policies and regulations of the company/organization, as well as to mitigate the risk of leakage of confidential or sensitive information.
THE USER is obliged to carry out all the necessary activities and to initiate the necessary legal actions for the defense of JOOBPAY. In the event that THE USER becomes aware of any violation or alleged violation of the rights that JOOBPAY detects on JOOBPAY, such as piracy, improper use of JOOBPAY, or any act of unfair competition, he/she must immediately inform JOOBPAY, to whom he/she will provide all the necessary information and cooperation in the event that it is decided to initiate legal action. JOOBPAY shall have the right to take legal action, which may be carried out jointly by both parties if so agreed. In any case, THE USER undertakes to defend the copyrights generated on the JOOBPAY licensed software, using all means provided by law. In the event that a lawsuit is filed or an action is brought against THE USER by a third party alleging infringement of rights resulting from the use of JOOBPAY, THE USER shall immediately inform JOOBPAY of such lawsuit, without prejudice to any possible defense. THE USER, without accepting any liability, shall give all reasonable assistance to JOOBPAY in contesting such claim or action. The expenses incurred in defending JOOBPAY licensed software shall be borne by JOOBPAY.
JOOBPAY cannot modify this contract without your express authorization, nor can it charge you for services that THE USER has not expressly accepted. If this occurs, THE USER has the right to request the immediate termination of the contract, but this situation will not exempt him/her from the payment of the obligations incurred up to the date of termination.
THE USER voluntarily declares that (i) the resources used for the execution of this Contract, as well as its income, do not come from any illicit activity of those contemplated in the Criminal Code of the country of operation of THE CLIENT, and the criminal laws in force in the United States of America or in any other regulation that modifies or adds to it, nor will they be used for the purpose of financing terrorist activities; (ii) THE USER or its partners or administrators, do not have negative records in control lists of money laundering risk and those established by the corresponding organizations in the fight against corruption and financing of terrorism, national or international, defined by JOOBPAY, and that may be consulted by JOOBPAY; (iii) in the development of its corporate purpose, it does not incur in any illicit activity of those contemplated in the Colombian Criminal Code or in any other norm that modifies or adds to it and consequently, it is obliged to respond to JOOBPAY, and/or third parties for all damages that may be caused as a result of these statements. THE USER is obliged to JOOBPAY, to provide truthful and verifiable information and to update their personal, corporate, corporate or institutional information (as applicable), as well as commercial and financial information, whenever there are changes in it and in the events in which JOOBPAY requests it, providing all the required documentary support. Failure to comply with this obligation entitles JOOBPAY to immediately and unilaterally terminate any type of relationship it has with THE USER.
By virtue of the provisions of the laws of the United States of America and other regulations that modify, complement or add to them; THE USER expressly authorizes JOOBPAY, to collect, use, circulate, delete, transfer or transmit their personal data, for contractual, administrative, financial and in general those that are necessary for the execution of this contract. Likewise, THE USER authorizes JOOBPAY, so that on the occasion of products, promotions, goods and services, and in general any type of obligation contracted to date or to be contracted in the future with JOOBPAY, may use their personal data for the development of database for commercial or advertising purposes, other than those directly related to the purposes for which they were delivered and shared with third parties with which JOOBPAY, has established commercial or advertising alliances. When it is necessary to update, modify, delete or revoke the authorization of personal data, granted under this contract, you can go to the customer service mechanisms, in order to request the corresponding management. In which case, we will respond in accordance with the terms and conditions defined in the aforementioned legal provisions. Particularly, you will have the right to: (i) know, update and rectify your personal data; (ii) request proof of the authorization granted to the Data Controller or data processor, except when there are exceptions indicated in the aforementioned legal provisions, in relation to which the corresponding authorization is not necessary; (iii) be informed by the Data Controller or Data Processor about the purpose or use that will be made of such data; (iv) revoke the authorization and/or request the deletion of their data, as long as they do not have a legal or contractual obligation that obliges them to remain in the database; (v) access free of charge to their personal data that have been subject to processing.
The data stored in the JOOBPAY system is the property of THE USER and will be considered CONFIDENTIAL. Therefore, JOOBPAY undertakes to treat all data stored in its system and database as confidential.
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