User Agreement

This Agreement was last modified on 5th July 2018.

This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.

In this User Agreement:

  • "Account" means the account associated with your email address.
  • "Buyer" means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
  • "Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
  • "Entrant" means a Seller who has entered a Contest.
  • "outsourcemyjob", "we", "our", "company" or "the company" or "us" means outsourcemyjob International Pty Limited (ACN 134 845 748).
  • "outsourcemyjob Verified" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.
  • "Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
  • "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
  • "Local Job" or "Local Jobs" means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.
  • "Milestone Payment" means a payment made by the Buyer for the provision of Seller Services under a User Contract and which will be released in accordance with the section "Milestone Payments" of these terms and conditions.
  • "Project" or "Listing" means a job offered or awarded by a Buyer via the Website, which may include a Project or Contest listed by a Buyer, a Project awarded by a Buyer (for example through HireMe), a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.
  • "Seller" means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
  • "Seller Services" means all services provided by a Seller.
  • "outsourcemyjob Services" means all services provided by us to you.
  • "User", "you" or "your" means an individual who visits or uses the Website, including via the API.
  • "User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
  • "Website" means the Websites operated by outsourcemyjob and available at: outsourcemyjob.com and any of its regional or other domains or properties, and any related outsourcemyjob service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Overview

By accessing the Website, you agree to the following terms with outsourcemyjob.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the outsourcemyjob Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the Website if you:

  • are not able to form legally binding contracts;
  • are under the age of 16;
  • a person barredfrom receiving and rendering services under the laws of Australia or other applicable;
  • are suspended from using the Website; or
  • do not hold a valid email address.

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using Outsourcemyjob

While using the Website, you will not attempt to or otherwise do any of the following:

  • post content or items in inappropriate categories or areas on our Websites and services;
  • infringe any laws, third party rights or our policies, such as the Code of Conduct;
  • fail to deliver payment for services delivered to you;
  • fail to deliver Seller Services purchased from you;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to outsourcemyjob;
  • post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
  • take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
  • transfer your outsourcemyjob account (including feedback) and Username to another party without our consent;
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm outsourcemyjob, the Website, or the interests or property of outsourcemyjob users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  • download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
  • copy, modify or distribute rights or content from the Website or outsourcemyjob's copyrights and trademarks; or
  • harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.

6. Fees and Services

We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.

Unless otherwise stated, all fees are quoted in United States Dollars.

0% Fees Promotion

Project commissions charged for Sellers who refer new Buyers that do not have an existing account on outsourcemyjob and who join and create a new account, will be reduced from 10% to 0%, for all future Projects performed by the referring Seller ("Referrer") for the referred Buyer ("Referee").

This is subject to the following conditions:

  • Referees must be referred using the specific promotional links on https://www.outsourcemyjob.com/no-commission
  • For the avoidance of doubt, the reduced Project commission of 0% applies only in relation to new work performed by the Referrer who has successfully applied for this promotion for the specific Referee to whom the application relates. The new Projects must commence after the Buyer creates a new account on outsourcemyjob and be initiated using that new account.
  • Project commission fees for the outsourcemyjob only are lowered from 10% to 0% under this promotion. All other fees and charges remain unaffected including but not limited to Buyer commissions and transaction fees.
  • This promotion does not apply to Contests.
  • outsourcemyjob reserves the right to review classifications of Referee as new Buyers for the purpose of this promotion, to ensure fair use of this promotion. The Referee must have worked with, and paid, the Referrer applying to use this promotion before the beginning of this promotion, for example from another platform. The Referrer s may be required to provide evidence of this prior work and payment before being eligible for the commission reduction. To be eligible for this promotion, The Referee must not have had any active account on outsourcemyjob from which a payment was made within the 6 months immediately prior to creating the new account.
  • All other elements of the User Agreement continue to apply - see https://www.outsourcemyjob.com/about/terms.
  • All other elements of the Fees and Charges component of the Additional Terms continue to apply - see https://www.outsourcemyjob.com/feesandcharges.
  • outsourcemyjob may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
  • outsourcemyjob may require that the details for any Project for which the commission reduction applies are appropriately complete.
  • This promotion may be withdrawn for a specific user, if significant reversals, fraud or chargebacks are observed, if outsourcemyjob believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and the Referrer, or for any other reason.
  • outsourcemyjob reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, and to prevent any suspected fraud.
  • outsourcemyjob reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes.
  • outsourcemyjob reserves the right to cancel or amend this promotion at any time.
  • outsourcemyjob reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.
Referral Program

For a limited promotional period, outsourcemyjob will provide site credits or reduced fees limited to certain users as a reward for referrals of new Buyer users. The promotion is based on existing users of the website ("Referrers") referring new Buyer users ("Referees") with the intention to post their first job. In some cases, the credit may be given in the form of coupon links or codes, where the Referrer in that case is the website itself.

This is subject to the following conditions:

  • The Referrer must be an existing user of the Website.
  • All members of the program, referrer and referees are subject to all other terms and conditions of the website, which in case of dispute, are held above this section.
  • All members of the program must be over the age of 16 years.
  • Referees must be referred using the specific promotional links on https://www.outsourcemyjob.com/give or https://www.outsourcemyjob.com/no-commission or via links in email or other promotional correspondence specific to this promotion.
  • Users may be asked to provide verification of payment or other user information before receiving the credit.
  • Any site credit that has been given in relation to this promotion may expire at any time determined by the Company.
  • Referrers will receive credit when the relevant matching Referee user fully releases a minimum of $50 worth of milestone payments with respect to a new Project, or awards the prize with respect to a new Contest.
  • This site credit may only be used for the purpose of establishing a milestone payment, funding a prize for a new Contest, or payment of site Project or Contest fees.
  • outsourcemyjob reserves the right to review classifications of Referees as new Buyers for the purpose of this promotion, to ensure fair use of this promotion. To be eligible for this promotion, Referees must not have had any active account on outsourcemyjob from which a payment was made within the six (6) months immediately prior to creating the new account.
  • outsourcemyjob may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
  • This promotion may be withdrawn for a specific user or set of users, if significant reversals, fraud or chargebacks are observed, if outsourcemyjob believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and Referrer, or for any other reason.
  • For any specific Referrer user, outsourcemyjob may choose to cap the maximum value of site credit accrued by an individual or collection of users.
  • outsourcemyjob reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, or to prevent any suspected fraud.
  • outsourcemyjob reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes, in particular to request evidence of bona fide work being done in relation to any Project or Contest funded with the site credit.
  • outsourcemyjob reserves the right to cancel or amend this promotion at any time.
  • outsourcemyjob reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.
  • outsourcemyjob reserves the right to cap the total site credit available under the program.
  • Any site credit may not be duplicated, sold, traded or transferred in any manner, including but not limited to being withdrawn for cash.
  • outsourcemyjob reserves the right to reverse credit earned if it determines that the referrers or referees are not acting as users of the site in good faith.
  • Referrals should have unique payment sources in order to qualify the parent for the referral credit.
  • Bonus credit is only reserved for referring users who act at all times in good faith and who signed up to the site with actual intent of using the website for its intended purposes.
  • outsourcemyjob reserves the right to remove credit or remove users from participating in the program if the company determines the users to be acting in bad faith and are abusing the program.
  • The decisions of management are final. No correspondence will be entered into.
  • Management, employees of outsourcemyjob and its related companies are not eligible to participate in this program.
  • Any term or condition in these terms found to be void, unenforceable or illegal may be severed and the remaining terms and conditions will continue in full force and effect.
  • outsourcemyjob reserves the right to set the bonus credits for each individual referrer and individual referral users and to release said bonus credit in any currency the company sees fit.
  • outsourcemyjob is not liable for any loss or damage whatsoever which is suffered (including but not limited to, direct or consequential loss) or for any personal injury suffered or sustained in connection with entry into the competition or acceptance of the prize.

7. Promotion

We may display your company or business name, logo, images or other media as part of the outsourcemyjob Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.

You acknowledge that we may use the public description of your Projects and the content of your profile information on the Website for marketing and other related purposes.

8. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the outsourcemyjob feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by outsourcemyjob or its related entities, without our written permission.

9. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by outsourcemyjob or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

10. Communication With Other Users

Communication with other users on the Website must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.

In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

outsourcemyjob may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

11. Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or drivers' licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or outsourcemyjob Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website in order to match any KYC documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided KYC documents and account information.

If you are not outsourcemyjob verified you may not be able to withdraw funds from your outsourcemyjob account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.

12. User Services

Upon the Buyer awarding a Project or Contest to the Seller, and the Seller's acceptance on the Website, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between outsourcemyjob and any User.

13. Special Provisions for Local Jobs

Each User acknowledges:

  • outsourcemyjob does not review, approve, recommend or verify any of the credentials, licences or statements of capability in relation to Local Jobs (or, for the avoidance of doubt, any non Local Jobs on the Website);
  • outsourcemyjob provides matchmaking and platform services only. Users agree that outsourcemyjob has no liability for any other aspect of service delivery or interaction between Buyer and Seller. outsourcemyjob is not a party to any disputes between Buyer and Seller, although we provide a dispute resolution mechanism to assist the parties in resolving issues;
  • outsourcemyjob may from time to time include map features and outsourcemyjob may display the location of Users to persons browsing the Website on that map. Every Buyer seeking services for Local Jobs will be asked to provide the location where the Local Job is to be performed. You expressly agree that outsourcemyjob has no liability for displaying such information.
  • A User must never disclose, in any Project posted, personal details such as the User's name, street number, phone number or the email address in any Project description for a Local Job or in any other public communication on the Website (these may be disclosed for Local Jobs as required in private direct messages);
  • outsourcemyjob may collect location related data from you via technologies including but not limited to GPS, IP address location, wifi, and other methods. This data may be shared in the context of facilitating services for Local Jobs and each User specifically consents to this collection and sharing as part of this agreement;
  • Upon completion of a Local Job Project, Seller User must log on to the Website and click the "Complete" button for that Local Job, as soon as practicable. Failure to complete the service or task will constitute a breach of this User Agreement; and Our fees are applied to the amount of the awarded Seller's bid to perform the services for the Local Job. Any items purchased by the Seller as part of performing the service are between the Buyer and Seller.

14. Feedback

You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Seller, you may have positive funds if you have successfully completed a Project, or sold an item, and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.

Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts.

You are not entitled to any interest, or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

  • set-off the negative amount with funds that you subsequently receive into your Account;
  • if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency (at an exchange rate applied by us);
  • reverse payments you have made from your Account to other User Accounts on the Website;
  • deduct amounts you owe us from money you subsequently add or receive into your Account; or
  • immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

  • we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
  • the funds shown in your Account (which may include Milestone Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website and provision of the outsourcemyjob Services;
  • if you were a User acquired in an acquisition and your account was migrated to the Website, we are responsible for your positive funds only to the extent of the legal documentation between us and any acquired marketplace, along with this agreement, and you acknowledge specifically that the onus is on you to confirm the validity of your fund, and that any understatement or misstatement in relation to this is not a claim against us, and belongs with the counterparty of any prior user agreement to which you agreed;
  • to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
  • we are not acting as a trustee or fiduciary with respect to such funds or payments;
  • the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
  • funds may only loaded into your Account, or released from your Account, by us and you must only use
  • the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;
  • any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
  • we will hold funds in respect of the amount of your Account (including Milestone Payments) in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
  • we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.

15. Refunds

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Milestone Payment or relates to fees or charges payable to us.

If the amount the User has asked to refund relates to: (1) a Milestone Payment, the Dispute Resolution Process may be followed; or (2) our fees and charges, the process set out in the Clause "Disputes with Us" must be followed.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our customer support website or emailing us at support@outsourcemyjob.com. Once you have made a milestone payment, you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer.

If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

16. Withdrawals

Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud purposes.

Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies require a delay.

We may impose a minimum withdrawal amount for funds earned. This is set out in our schedule of Fees and Charges. The maximum you can withdraw per month is $10,000 unless otherwise specifically agreed with support.

We may require you to be outsourcemyjob Verified before you can withdraw funds from your outsourcemyjob account, irrespective of whether or not a delay has been enforced. For details of how to become outsourcemyjob Verified please read the Know your Customer and Identity Verification Policy.

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on "Identity / Know Your Customer" sections of this agreement.

17. Inactive Accounts

User Accounts that have not been logged into for a period of time will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, provision of the HireMe service, file storage, message transmission, general administrative matters and message and other storage costs.

The length of the period and the amount of the maintenance fee is set out in our schedule of Fees and Charges.

We reserve the right to close an Inactive Account.

We reserve the right to close an account with nil or negative funds.

18. Disputes With Us

If a dispute arises between you and outsourcemyjob, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at support@outsourcemyjob.com.

For any claim, outsourcemyjob may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If outsourcemyjob elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that outsourcemyjob will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against outsourcemyjob must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, outsourcemyjob may recover its legal fees and costs (including in-house lawyers and paralegals), provided that outsourcemyjob has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, outsourcemyjob will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

outsourcemyjob's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

19. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  • interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission ofoutsourcemyjob and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Websites, services or tools, or any
  • activities conducted on or with the Websites, services or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

19. Closing Your Account

You may close your Account at any time. The option is located in the Account Settings.

Account closure is subject to:

  • not having any outstanding listings on the Website;
  • resolving any outstanding matters (such as a suspension or restriction on your Account); and
  • paying any outstanding fees or amounts owing on the Account.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

20. Privacy

We use your information as described in the outsourcemyjob Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.

20. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the outsourcemyjob Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

21. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at support@outsourcemyjob.com.