1. Scope of Budget Jobs Services

Basic Principles

1.1 Budget Jobs provides the Budget Jobs Platform to enable Posters to publish Posted Jobs.

1.2 Jobbers may make an Offer in response to a Posted Job. Some parts of Offer details may be made publicly available, including to internet users who are not Users.

1.3 A Poster may revoke or modify a Posted Job at any time before he/she accepts an Offer. Budget Jobs reserves the right to cancel all Offers on a Posted Job made prior to the modification.

1.4 If a Poster accepts an Offer on the Budget Jobs Platform, the Posted Job is assigned to that particular Jobber. At this point, a Job Contract is created between the Jobber and the Poster.

1.5 Upon creation of a Job Contract, the Poster must pay the Agreed Price for the Posted Job into the Payment Account.

1.6 Upon creation of the Job Contract, Budget Jobs has rendered Budget Jobs Services and the Connection Fee is due and payable.

1.7 Once the Job Contract is created, the Jobber and Poster may vary the Job Contract on the Budget Jobs Platform. The Poster and Jobber are strongly encouraged to use Budget Jobs private messaging system to amend or vary the Job Contract (including the Agreed Price) or to otherwise communicate.

1.8 Once the Services are complete, the Poster will be notified and must respond by either releasing payment or disputing that the Job has been completed within 10 days. Should a response not be received from the Poster, the Job will be automatically deemed to have been completed satisfactorily and (subject to any restrictions noted below in paragraph 1.9) payment will be released to the Jobber.

1.9 Following confirmation by both the Jobber and the Poster that the Posted Job has been completed, or if Budget Jobs is satisfied the Services have been completed, subject to any restrictions (e.g. a dispute or failure to complete required verification processes), the Jobber Service Fee will be payable and the Jobber Funds will be released by Budget Jobs from the Payment Account to the Jobber.

1.10 After the Job Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Budget Jobs Platform.

Jobber Listing

1.11 Budget Jobs may also provide a Jobber Listing feature enabling Jobbers to publish Offers for Services.

1.12 Budget Jobs may publish Jobber Listings from time to time in its absolute discretion.

1.13 A Poster may request to book a Jobber Listing by clicking on the Request Booking button and completing the booking request. The Jobber may then make an offer to perform the Job. When using Jobber Listing, a Job Contract is created when the Poster accepts the offer made by the Jobber and the Job is assigned to that Jobber.

1.14 A Jobber may revoke or modify its Jobber Listing at any time before a Poster accepts a Jobber’s offer.

2. Budget Job’s ROLE AND OBLIGATIONS

2.1 Budget Jobs provides the Budget Jobs Service in consideration for the Connection Fee and the Jobber Service Fee

2.2 Budget Jobs only permits individuals over 18 years of age to become Users.

2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.

2.4 In its absolute discretion, Budget Jobs may refuse to allow any person to become a User or cancel or suspend or modify any existing account including if Budget Jobs reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the Budget Jobs Platform.

2.5 No charges apply in respect of the following actions on the Budget Jobs Platform:

a. Registering and creating an account;
b. Creating a Posted Job;
c. Users accessing and reviewing content on the Budget Jobs Platform, including Posted Jobs.

2.6 Budget Jobs accepts no liability for any aspect of the Poster and Jobber interaction, including but not limited to the description, performance or delivery of Services.

2.7 Budget Jobs is not responsible for and does not warrant the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Jobbers to perform Jobs or supply items, or the honesty or accuracy of any information provided by Posters or the Posters’ ability to pay for the Services requested.

2.8 Except for liability in relation to any Non-excludable Condition, the Budget Jobs Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

2.9 Budget Jobs has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.

2.10 You understand and agree that:

a. Budget Jobs does not undertake any investigation in relation to any Jobber or third party service provider before they become a User, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Jobber or third party service provider to perform any Job which they may claim to be able to provide on the platform;
b. You are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Jobber to perform services;
c. You are solely responsible for making your own evaluations, decisions and assessments about choosing a Jobber; and
d. Assume all risks and you agree to expressly release, indemnify and hold harmless Budget Jobs from any and all loss, liability, injury, death, damage, theft or costs arising or in any way related to the services.

3. USER OBLIGATIONS

3.1 You will at all times:
a. Comply with this Agreement (including all Policies) and all applicable laws and regulations;
b. Only post accurate information on the Budget Jobs Platform;
c. Ensure that You are aware of any laws that apply to You as a Poster or Jobber, or in relation to Your use of the Budget

Jobs Platform.

3.2 You agree that any content (whether provided by Budget Jobs, a User or a third party) on the Budget Jobs Platform may not be used on third party sites or for other business purposes without Budget Job’s prior written permission.

3.3 You must not use the Budget Jobs Platform for any illegal or immoral purpose.

3.4 You must maintain control of Your Budget Jobs account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.

3.5 You grant Budget Jobs an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Budget Jobs Platform for the purpose of publishing material on the Budget Jobs Platform and as otherwise may be required to provide the Budget Jobs Service, for the general promotion of the Budget Jobs Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the Budget Jobs Platform must not, in any way whatsoever, be potentially or actually harmful to Budget Jobs or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Budget Jobs.

3.7 Without limiting any provision of this Agreement, any information You supply to Budget Jobs or publish in an Offer or a Posted Job (including as part of an Offer) must be up to date and kept up to date and must not:

a. be false, inaccurate or misleading or deceptive;
b. be fraudulent or involve the sale of counterfeit or stolen items;
c. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
e. be defamatory, libellous, threatening or harassing;
f. be obscene or contain any material that, in Budget Job’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
g. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Budget Jobs Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

3.8 The Budget Jobs Platform may from time to time engage location-based or map-based functionality. The Budget Jobs Platform may display the location of Posters and Jobbers to persons browsing the Budget Jobs Platform. A User should never disclose personal details such as the Poster’s full name, street number, phone number or email address in a Posted Job or in any other public communication on the Budget Jobs Platform.

3.9 If You are a Jobber, You must have the right, licence or all other necessary skills (as applicable) to provide the relevant Services contracted under a Job Contract and the right to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Jobber Funds and account verification) received under a Job Contract.

3.10 You must not, when supplying Services, charge a Poster any fees on top of the Jobber Funds. However, the parties to a Job Contract may agree to amend the Agreed Price through the Budget Jobs Platform.

3.11 You must not request payments outside of the Budget Jobs Platform from the Poster for the Services except to the extent permitted by clause 3.12 and only if the Budget Jobs Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.

3.12 If a Jobber agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Jobber is solely responsible for obtaining any reimbursement from the Poster. Correspondence in respect of agreeing to these additional costs should be carried out on the Budget Jobs Platform. Budget Jobs advises Jobbers not to agree to incur costs in advance of receiving the payment for these costs, unless the Jobber is confident the Poster will reimburse the costs promptly.
3.13 For the proper operation of the Budget Jobs Platform (including insurance, proper pricing and compliance with Policies), the Jobber must ensure that, provided the Customer provides its prior written consent to the subcontracting of any part of the performance of the Job Contract to a third party, then that third party must also be a registered

User of the Budget Jobs Platform.

3.14 If Budget Jobs determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Job Contracts, it reserves the rights to remove any content, Posted Job or Offer You have submitted to the Budget Jobs Service or cancel or suspend Your account and/or any Job Contracts.

4. FEES

4.1 A Connection Fee of 10-20% is payable to Budget Jobs in respect of bookings made on the Platform. When a Customer accepts a Jobber’s offer, the Job is assigned to that Jobber and a Job Contract is formed between the two parties. At this time the Customer will be charged the Agreed Price plus the Connection Fee as consideration for the Poster’s use of the Budget Jobs Services.

4.2 Separate to the Connection Fee charged to the Poster, a Jobber is charged a Jobber Service Fee of 10-20% as consideration for the Jobber’s use of the Budget Jobs Services.

4.3 At such time that the Customer releases the Job Payment to the Jobber, the Jobber Service Fee (will be deducted from the Job Payment) and the Connection Fee (separately paid by the Customer) will be retained by Budget Jobs.

4.4 The Connection Fee and the Jobber Service Fee are GST inclusive(or equivalent tax on supplies, including VAT).

4.5 Subject to clause 5, all Fees payable to Budget Jobs are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.

4.6 If Budget Jobs introduces a new service on the Budget Jobs Platform, the Fees applying to that service will be payable from the launch of the service.

4.7 Budget Jobs reserves the right to amend the amount of any Fees (including the Connection Fee and Jobber Service Fee) from time to time and any changes will be updated on Budget Job’s website.

 

5. PAYMENTS, REFUNDS AND CANCELLATIONS

5.1 If the Job Contract is cancelled for any reason (by a Poster, a Jobber or under this Agreement) prior to the commencement of the Job Contract, then if Budget Jobs is reasonably satisfied that the Agreed Price (and if applicable, the Connection Fee) should be returned to the Poster then those amounts (as applicable) will be refunded to the Poster as Budget Jobs Credits and a Cancellation Fee will be due to Budget Jobs by the User who the cancellation of the Job Contract is attributable to under clause 5.7 or 5.8.

5.2 If the Poster is responsible for the cancellation of the Job Contract (see clause 5.8), the Connection Fee will be retained by Budget Jobs.

5.3 If the Jobber is responsible for the cancellation of the Job Contract (see clause 5.7), Budget Jobs will deduct the Cancellation Fee from the Jobber’s next payout request (or from multiple payout requests, until the Cancellation Fee is fully paid see below).

5.4 Cancellation Fees deducted from Jobber payout requests are capped at a maximum of 50% of the total payout request (so may require deductions across multiple payout requests).

5.5 Upon request by the relevant Customer submitted to Budget Jobs Support, Budget Jobs may refund the Agreed Price (and Connection Fee, as applicable) to the Poster’s original payment method.

5.6 Any amount returned by Budget Jobs to a Poster on behalf of a Jobber under clause 5.1 will be a debt owed by the Jobber to Budget Jobs and may be offset by Budget Jobs against any other payments owed at any time to the Jobber.

5.7 Any outstanding Cancellation Fee owed by a User under clause 5.1 will be a debt owed by that User to Budget Jobs and may also be offset by Budget Jobs against any other payments owed at any time to the User.

5.8 Cancellation of a Job Contract will be attributable to the Jobber where:

a. the Poster and the Jobber mutually agree to cancel the Job Contract; or
b. following reasonable but unsuccessful attempts by a Poster to contact a Jobber to perform the Job Contract, the Job Contract is cancelled by the Poster; or
c. the Jobber cancels the Job Contract; or
d. a Job Contract is cancelled in accordance with clause 3.14 as a result of the Jobber’s actions or breach.

5.9 A Cancellation of a Job Contract will be attributable to a Poster where:

a. the Poster cancels the Job Contract (other than in accordance with clause 5.8(b); or (b) a Job Contract is cancelled in accordance with clause 3.14 as a result of the Poster’s actions or breach. (c) a Job has been automatically cancelled in accordance with clause 4.5 of Appendix A Model Job Contract terms.

5.10 If the parties agree to any additional cancellation fee payable under the Job Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

5.11 Budget Jobs may take up to 5-7 business days to process the return of the Agreed Price (less the Cancellation Fee, if applicable) to the Poster as Budget Jobs Credits or to process (following a request from a Poster) a refund to the Poster’s original payment method.

5.12 If, for any reason, the Jobber Funds cannot be transferred or otherwise made to the Jobber or returned to the Poster (as the case may be) or no claim is otherwise made for the Jobber Funds, the Jobber Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Poster initially paid the Agreed Price into the Payment Account.

5.13 Following the 3 months referred to in clause 5.12, and provided there is still no dispute in respect of the Jobber Funds, the Jobber Funds will be credited to the Poster as Budget Jobs Credits.

5.14 If the Job Contract is cancelled and a User who is party to the Job Contract can show that work under a Job Contract was commenced, then the amount of the Agreed Price to be returned to the Poster will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Fee will always be due in accordance with clause 5.1.

5.15 Budget Jobs may suspend a User Account in its sole discretion for repeated Cancellations.

 

6. Budget Jobs CREDITS

6.1 Budget Jobs Credits:
a. can be used by the credited User to pay for any new Services via the Budget Jobs Platform;
b. are not refundable or redeemable for cash other than where the Poster has submitted a request for the return of Budget Jobs Credits to their original payment method;
c. cannot be replaced, exchanged or reloaded or transferred to another card or account;
e. acquired other than under this Agreement, may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Budget Jobs Credits, such as a restriction on when the Budget Jobs Credits is redeemable (for example only for a User’s first Job Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
d. must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Budget Job’s prior written permission.

6.2 The User credited with a Budget Jobs Credits is solely responsible for the security of any Budget Jobs Credits. Save for the Non-Excludable Conditions, Budget Jobs will have no liability for any loss or damage to the Budget Jobs Credits and does not have any obligation to replace Budget Jobs Credits.

6.3 Budget Jobs will not accept, and may refuse or cancel, any Budget Jobs Credits, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Budget Jobs reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Budget Jobs Credits, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.

6.4 Budget Jobs is entitled to any value on Budget Jobs Credits which is not redeemed before the Budget Jobs Credits expires or is cancelled by Budget Jobs.

Consent to Process Data

11.2 By submitting your personal information or otherwise using the Budget Jobs platform or presenting a Covid Badge on your profile, you consent to the use, processing and storage of your personal information, including sensitive medical data provided, in accordance with these terms and conditions. You expressly acknowledge that Budget Jobs may provide your personal information to any third-party service provider contracted for the purposes of assessing your data. Budget Jobs (and its third-party processors) may store your personal information for the duration of your period as a User of the Budget Jobs platform and up to 6 months after you terminate your profile on the platform.

 

15. PRIVACY

15.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.

15.2 Budget Jobs will endeavour to permit you to transact anonymously on the Budget Jobs Platform. However, in order to ensure Budget Jobs can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Budget Jobs reserves the right to ask Users to verify themselves in order to remain a User.

 

16. MODIFICATIONS TO THE AGREEMENT

16.1 Budget Jobs may modify this Agreement or the Policies (and update the Budget Jobs pages on which they are displayed) from time to time. Where Budget Jobs make material modifications, we will send notification of such modifications to Your Budget Jobs account or advise You the next time You login.
16.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Budget Jobs Platform in any manner, including engaging in any acts in connection with a Job Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
16.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Budget Jobs who will terminate Your Budget Jobs account, and stop using the Budget Jobs Service.

 

17. NO AGENCY

17.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, You have no authority to bind Budget Jobs, its related entities or affiliates in any way whatsoever. Budget Jobs confirms that all Third-Party Services that may be promoted on the Budget Jobs Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Budget Jobs specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.

 

18. NOTICES

18.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Budget Job’s contact address as displayed on the Budget Jobs Platform, or to Budget Jobs Users’ contact address as provided at registration. Any notice shall be deemed given:
a. if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
b. if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your Budget Jobs Platform account.

18.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.

 

19. MEDIATION AND DISPUTE RESOLUTION

19.1 Budget Jobs encourages You to try and cooperate with the other User to try and make a genuine attempt to resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Budget Jobs may, in its absolute discretion, share Your information with other parties involved in the dispute.

19.2 Budget Jobs may elect to assist Users resolve disputes. Any User may refer a dispute to Budget Jobs. You must co-operate with any investigation undertaken by Budget Jobs. Budget Jobs reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Budget Job’s determination in an applicable court or tribunal.

19.3 Budget Jobs has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.

19.6 If You have a complaint about the Budget Jobs Service please contact us here.

19.7 If Budget Jobs provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Budget Jobs for any costs, losses or liabilities incurred by Budget Jobs in relation to any claims relating to any other use of information not permitted by this Agreement.

 

20. TERMINATION

20.1 Either You or Budget Jobs may terminate your account and this Agreement at any time for any reason.

20.2 Termination of this Agreement does not affect any Job Contract that has been formed between Budget Jobs Users.

20.3 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

20.4 If Your account or this Agreement are terminated for any reason then You may not without Budget Job’s consent (in its absolute discretion) create any further accounts with Budget Jobs and we may terminate any other accounts You operate.

 

21. GENERAL

21.1 This Agreement is governed by the laws specified in Your Country Specific Terms.

21.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

21.3 This Agreement may be assigned or novated by Budget Jobs to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.

21.4 This Agreement sets out the entire understanding and agreement between the User and Budget Jobs with respect to its subject matter.

 

APPENDIX A:

MODEL Job CONTRACT

The terms used in this Job Contract have the meaning set out in the Budget Jobs Glossary. A Job Contract is created in accordance with the Budget Jobs Agreement. Unless otherwise agreed, the Poster and the Jobber enter into a Job Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
1.1 The Job Contract is created when the Poster accepts the Jobber’s Offer on a Posted Job to provide Services.
1.2 The Job Contract will continue until terminated in accordance with clause 7.

2 SERVICES

2.1 The Jobber will perform Services in a proper and workmanlike manner.
2.2 The Jobber must perform the Services at the time and location agreed.
2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Job Contract.
2.4 The parties acknowledge that the Job Contract is one of personal service where the Poster selected the Jobber to perform the Services. Therefore, the Jobber must not subcontract any part of the Services to any third party without the Poster’s consent.
2.5 The Jobber always remains responsible and liable to the Poster for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Jobber.

3 WARRANTIES

3.1 Each party warrants that the information provided in the creation of the Job Contract is true and accurate.
3.2 The Jobber warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.

4 PAYMENT OR CANCELLATION

4.1 Upon the creation of the Job Contract, the Poster must pay the Agreed Price into the Payment Account.
4.2 Upon the Services being completed, the Jobber will provide notice on the Budget Jobs Platform.
4.3 The Poster will be prompted to confirm the Services are complete. If the Jobber has completed the Services in accordance with clause 2, the Poster must use the Budget Jobs Platform to release the Jobber Funds from the Payment Account.
4.4 If the parties agree to cancel the Job Contract, or the Poster is unable to contact the Jobber to perform the Job Contract, the Jobber Funds will be dealt with in accordance with the User’s Budget Jobs Agreement.
4.5 In the event that a Job:
a. has been assigned for 30 days; and
b. is inactive for 7 days beyond the due date for that Job (i.e. inactive means where there has been no communication between the parties through the Budget Jobs Platform or the Job has not been subject to any reschedule request), the Job will be automatically cancelled, and the Job Payment will be returned to the Customer, and the Connection Fee will be retained by Budget Jobs.

5 LIMITATION OF LIABILITY

5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Job Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

6 DISPUTES

6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Budget Jobs and act in accordance with clause 18 of the Budget Jobs Agreement.

7 TERMINATION OF CONTRACT

The Job Contract will terminate when:
a. the Services are completed and the Agreed Price is released from the Payment Account;
b. a party is terminated or suspended from the Budget Jobs Platform, at the election of the other party;
c. otherwise agreed by the parties or the Third Party Dispute Service; or
d. notified by Budget Jobs in accordance with the party’s Budget Jobs Agreement.

8 APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.

9 GOVERNING LAW

The Job Contract is governed by the laws of the jurisdiction where the Posted Job was posted on the Budget Jobs Platform.
The exclusions and limitations of liability shall be as follows:

(1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Budget Jobs specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Posters and Jobbers.

(2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Budget Jobs specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Budget Jobs Platform.

(3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Budget Jobs is not liable for any Consequential Loss arising out of or in any way connected with the Budget Jobs Services.

(4) Except for liability in relation to a breach of any Non-excludable Condition, Budget Job’s liability to any User of the Budget Jobs Service is limited to the total amount of payment made by that User to Budget Jobs during the twelve month period prior to any incident causing liability of Budget Jobs.

(5) Budget Job’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
i. The Service Fee and/or Cancellation Fee only becomes payable to Budget Jobs under this Agreement once Budget Jobs has performed its services. Therefore, to the extent permitted by law, you are not entitled to any applicable consumer cancellation rights.

(1) TO THE FULLEST EXTENT PERMITTED BY LAW, THE Budget Jobs PLATFORM IS PROVIDED “AS IS,” AND Budget Jobs AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “Budget Jobs PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. THE Budget Jobs PARTIES DO NOT WARRANT THAT THE Budget Jobs PLATFORM WILL OPERATE WITHOUT ERROR OR INTERRUPTION. THE Budget Jobs PARTIES SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, QUALITY, ACCURACY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

(2) TO THE FULLEST EXTENT PERMITTED BY LAW, THE Budget Jobs PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE (ACTUAL, SPECIAL, DIRECT, INDIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE RELATING TO ANY INACCURACY OF INFORMATION PROVIDED, OR THE LACK OF FITNESS FOR PURPOSE OF ANY GOODS OR SERVICE SUPPLIED), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) ANY TRANSACTION BETWEEN POSTERS AND JOBBERS OR (B) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE Budget Jobs PLATFORM.

(3) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Budget Jobs PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE Budget Jobs SERVICES, (B) ANY TRANSACTION BETWEEN POSTERS AND JOBBERS, OR (C) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER WHO MAY BE INCLUDED FROM TIME TO TIME ON THE Budget Jobs PLATFORM, IN ALL CASES (A) THROUGH (C) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE Budget Jobs PARTIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

(4) TO THE FULLEST EXTENT PERMITTED BY LAW, THE Budget Jobs PARTIES’ LIABILITY TO ANY USER OF THE Budget Jobs SERVICE IS LIMITED TO THE TOTAL AMOUNT OF PAYMENT MADE BY THAT USER TO Budget Jobs DURING THE TWELVE MONTH PERIOD PRIOR TO ANY INCIDENT CAUSING LIABILITY OF Budget Jobs.

(5) EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THESE UNITED STATES TERMS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

e. The Service Fee and/or the Cancellation Fee only becomes payable to Budget Jobs under this Agreement once Budget Jobs has performed its services. Therefore, to the extent permitted by law, you are not entitled to any applicable consumer cancellation rights.