Terms and Conditions
Terms and Conditions
Here are our terms and conditions. Please contact us directly if you have any other questions. Thanks for connecting.
The Service Universe terms & conditions (updated December 2019) outline Service Universe's and Your obligations and responsibilities on the Service Universe Platform.
User Agreement: www.ServiceUniverse.ca
Service Universe operates an online platform allowing Users to connect through the Service Universe Platform with other Users who provide Services.
All defined terms in this Agreement have the meaning given to them in the Service Universe Glossary.
1. SCOPE OF SERVICE UNIVERSE SERVICES
- 1.1 Service Universe provides the Service Universe Platform to enable Users to publish Posted Jobs.
- 1.2 Providers 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 User may revoke or modify a Posted Job at any time before he/she accepts an Offer. Service Universe reserves the right to cancel all Offers on a Posted Job made prior to the modification.
- 1.4 If a User accepts an Offer on the Service Universe Platform, a Job Contract is created between the Provider and the User.
- 1.5 Upon creation of a Job Contract, the User must authorize a Hold of the Agreed Price.
- 1.6 Upon creation of the Job Contract, Service Universe has rendered Service Universe Services and the Service Fee is due and payable.
- 1.7 Once the Job Contract is created, the Provider and User may amend the Job Contract on the Service Universe Platform. The User and Provider are encouraged to use Service Universe's 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 Provider must provide notice of that on the Service Universe Platform.
- 1.9 Once the Services are complete, the User must provide notice of that on the Service Universe Platform.
- 1.10 Once the Posted Job has been completed and the User confirms the Services are completed, or if Service Universe is satisfied the Services have been completed, the Provider Funds will be released by Service Universe to the Provider.
- 1.11 After the Job Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Service Universe Platform.
- 1.12 Service Universe may also provide a Starting Bid feature enabling Users to submit an Offer (Bid) for Services.
2. SERVICE UNIVERSE'S ROLE AND OBLIGATIONS
- 2.1 Service Universe provides the Service Universe Platform only, enabling Users to publish Posted Jobs and make Offers on Posted Jobs.
- 2.2 Service Universe 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 At its absolute discretion, Service Universe may refuse to allow any person to register or create an account with Service Universe or cancel or suspend or modify any existing account including if Service Universe reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the Service Universe Platform.
- 2.5 Registering and creating an account with Service Universe is free. There is no charge for a User to post Jobs, or for other Service Universe Users to review content on the Service Universe Platform, including Posted Jobs.
- 2.6 Service Universe accepts no liability for any aspect of the User and Provider interaction, including but not limited to the description, performance or delivery of Services.
- 2.7 Service Universe has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Providers to perform Jobs or supply items, or the honesty or accuracy of any information provided by Users or the Users' ability to pay for the Services requested.
- 2.8 Except for liability in relation to any Non-excludable Condition, the Service Universe 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 Service Universe has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
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 Service Universe Platform;
- (c) ensure that You are aware of any laws that apply to You as a User or Provider, or in relation to using the Service Universe Platform.
- 3.2 You agree that any content (whether provided by Service Universe, a User or a third party) on the Service Universe Platform may not be used on third party sites or for other business purposes without Service Universe's prior permission.
- 3.3 You must not use the Service Universe Platform for any illegal or immoral purpose.
- 3.4 You must maintain control of Your Service Universe 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 Service Universe an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the Service Universe Platform for the purpose of publishing material on the Service Universe Platform and as otherwise may be required to provide the Service Universe Service, for the general promotion of the Service Universe Service, and as permitted by this Agreement.
- 3.6 You agree that any information posted on the Service Universe Platform must not, in any way whatsoever, be potentially or actually harmful to Service Universe or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Service Universe.
- 3.7 Without limiting any provision of this Agreement, any information You supply to Service Universe or publish in 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, antidiscrimination and trade practices/fair trading laws);
*(e) be defamatory, libellous, threatening or harassing;
*(f) be obscene or contain any material that, in Service Universe'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 Service Universe 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 Service Universe Platform will from time to time engage location-based or map-based functionality. The Service Universe Platform may display the location of Users and Providers to persons browsing the Service Universe Platform. A User should never disclose personal details such as the User's full name, street number, phone number or email address in a Posted Job or in any other public communication on the Service Universe Platform.
- 3.9 If You are a Provider, You must have the right to provide Services under a Job Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Provider Funds) received under a Job Contract.
- 3.10 You must not, when supplying Services, charge a User any fees on top of the Provider Funds. However, the parties to a Job Contract may agree to amend the Agreed Price through the Service Universe Platform.
- 3.11 You must not request payments outside of the Service Universe Platform from the User for the Services except to the extent permitted by clause 3.12 and only if the Service Universe Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
- 3.12 If a Provider agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Provider is solely responsible for obtaining any reimbursement from the User. Service Universe advises Providers not to agree to incur costs in advance of receiving the payment for these costs, unless the Provider is confident the User will reimburse the costs promptly.
- 3.13 For the proper operation of the Service Universe Platform (including insurance, proper pricing and compliance with Policies), the Provider must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Job Contract, then that third party must also be a registered User of the Service Universe Platform.
- 3.14 If Service Universe 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 Service Universe Service or cancel or suspend Your account and/or any Job Contracts.
- 4.1 Upon the creation of a Job Contract, the Provider and User each owes Service Universe the respective portion of the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Payment Account.
- 4.2 If the Posted Job requires a Provider to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
- 4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider.
- 4.4 All Fees and charges payable to Service Universe are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
- 4.5 If Service Universe introduces a new service on the Service Universe Platform, the Fees applying to that service will be payable as from the launch of the service.
- 4.6 Service Universe may set-off any Fees against any Provider Funds or other amounts held by Service Universe on behalf of a User.
- 4.7 Service Universe may restrict a User's account until all Fees have been paid.
5. PAYMENTS AND REFUNDS
- 5.1 If the Job Contract is cancelled for any reason (by a User, a Provider or under this Agreement) prior to the commencement of the Job Contract, then if Service Universe is reasonably satisfied that the Agreed Price should be returned to the User then the Agreed Price will be refunded to the User and a Cancellation Admin Fee will be due to Service Universe by the User who the cancellation of the Job Contract is attributable to under clause 5.5 or 5.6.
- 5.2 Service Universe may decide in its absolute discretion to refund the Agreed Price back onto the User's credit card or waive the Cancellation Admin Fee.
- 5.3 Any amount returned by Service Universe to a User on behalf of a Provider under clause 5.1 will be a debt owed by the Provider to Service Universe and may be offset by Service Universe against any other payments owed at any time to the Provider.
- 5.4 Any outstanding Cancellation Admin Fee owed by a User under clause 5.1 will be a debt owed by that User to Service Universe and may also be offset by Service Universe against any other payments owed at any time to the User.
- 5.5 Cancellation of a Job Contract will be attributable to the Provider where:
- (a) the User and the Provider mutually agree to cancel the Job Contract; or
- (b) following reasonable but unsuccessful attempts by a User to contact a Provider to perform the Job Contract, the Job Contract is cancelled by the User; or
- (c) the Provider cancels the Job Contract; or
- (d) a Job Contract is cancelled in accordance with clause 3.14 as a result of the Provider’s actions or breach.
- 5.6 A Cancellation of a Job Contract will be attributable to a User where:
- (a) the User cancels the Job Contract (other than in accordance with clause 5.5(b); or
- (b) a Job Contract is cancelled in accordance with clause 3.14 as a result of the User’s actions or breach..
- 5.7 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.
- 5.8 Service Universe may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the User.
- 5.9 If, for any reason, the Provider Funds cannot be transferred or otherwise made to the Provider or returned to the User (as the case may be) or no claim is otherwise made for the Provider Funds, the Provider Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the User initially paid the Agreed Price into the Payment Account.
- 5.10 Following the 3 months referred to in clause 5.9, and provided there is still no dispute in respect of the Provider Funds, the Provider Funds will be credited to the User as Platform Credit.
- 5.11 If the Job Contract is cancelled and a User who is party to the Job Contract can prove that work under a Job Contract was commenced, then the amount of the Agreed Price to be returned to the User will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Admin Fee will always be due in accordance with clause 5.1.
6. PLATFORM CREDIT (where applicable)
- 6.1 Platform Credit :
- (a) can be used by the credited User to pay for any new Services via the Service Universe Platform;
- (b) are not refundable or redeemable for cash;
- (c) cannot be replaced, exchanged or reloaded or transferred to another card or account;
- (d) are valid for 12 months from the date on which that particular Platform Credit is applied to a User's account, the date of issue or purchase or any expiry date applied by Service Universe (conditional upon any contrary specific jurisdictional legislative requirements);
- (e) if the Platform Credit is acquired other than under this Agreement, it may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Platform Credit, such as a restriction on when the Platform Credit 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
- (f) 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 Service Universe's prior written permission.
- 6.2 The User credited with a Platform Credit is solely responsible for the security of any Platform Credit. Save for the Non-Excludable Conditions, Service Universe will have no liability for any loss or damage to the Platform Credit and does not have any obligation to replace Platform Credit.
- 6.3 Service Universe will not accept, and may refuse or cancel, any Platform Credit, 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 Service Universe reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Platform Credit, 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 Service Universe is entitled to any value on Platform Credit which is not redeemed before the Platform Credit expires or is cancelled by Service Universe.
7. BUSINESS PARTNERS
- 7.1 Service Universe may enter into agreements with Business Partners and may seek to engage Providers in the provision of Business Services. Providers who agree to perform Business Services for Business Partners acknowledge and agree that Service Universe and the Business Partner may on-sell Services supplied to third parties for an increased fee.
- 7.2 Business Partners may require Providers providing Business Services to be approved or hold particular qualifications. Service Universe may assist Business Partners to locate suitably qualified Providers. Service Universe makes no warranty that it will promote any or all suitably qualified Providers to Business Partners.
- 7.3 Business Partners may require Providers to enter into a Business Partner Contract before providing Business Services.
- 7.4 Where a Provider accepts a Posted Job with a Business Partner:
- (a) the Provider must provide Business Services to the Business Partner in accordance with the Job Contract and any applicable Business Partner Contract; and
- (b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8. PAYMENT FACILITY
- 8.1 Service Universe uses a Payment Provider to operate the Payment Account.
- 8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/en-ca/ssa are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
- 8.3 If Service Universe changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you may be offered alternative means of payment.
9. THIRD PARTY SERVICES
- 9.1 Service Universe may from time to time include Third Party Services on the Service Universe Platform. These Third Party Services are not provided by Service Universe.
- 9.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Service Universe Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
- 9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
- 9.4 Service Universe makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Service Universe Platform, Users may inform Service Universe of their Third Party Service experience here.
10. VERIFICATION & BADGES
- 10.1 Service Universe may use Identity Verification Services.
- 10.2 You agree that Service Universe Identity Verification Services may not be fully accurate as all Service Universe Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
- 10.3 You are solely responsible for identity verification and Service Universe accepts no responsibility for any use that is made of a Service Universe Identity Verification Service.
- 10.4 Service Universe Identity Verification Services may be modified at any time.
- 10.5 The Service Universe Platform may also include a User-initiated feedback system to help evaluate Users.
- 10.6 Service Universe may make Badges available to Providers. The available Badge can be requested by the Provider via the Service Universe Platform, and arranged on behalf of the Provider and issued by Service Universe, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Provider and determined by Service Universe or a third party verifier which shall be governed by its terms.
- 10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Job Contract, you do so aware of this limitation. You should seek to verify any Badge with the Provider prior to commencing the Job.
- 10.8 It remains the Provider's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Service Universe immediately if a Badge is no longer valid.
- 10.9 Service Universe may, at its discretion, issue Badges to Providers for a fee.
- 10.10 The issue of a Badge to a Provider remains in the control of Service Universe and the display and use of a Badge is licensed to the Provider for use on the Service Universe Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Service Universe Platform.
- 10.11 Service Universe retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Service Universe.
- 11.1 Service Universe may offer its Users an opportunity to obtain insurance for certain Job Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third party insurance will be displayed on the Service Universe website when they are available. Service Universe confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
- 11.2 Service Universe does not represent that any insurance it acquires or which is offered via the Service Universe Platform is adequate or appropriate for any particular User.
- 11.3 Each User must make its own enquiries about whether any further insurance is required and Providers remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Service Universe Platform.
- 11.4 Service Universe may also take out other insurance itself and that insurance may at Service Universe's option extend some types of cover to Users. Service Universe reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the Service Universe website and the policy details can be requested via Service Universe. Users are responsible for familiarizing themselves with these details.
- 11.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Provider, and the insurance taken out by Service Universe (if any) responds to that claim then this clause applies. If a claim is made against a Provider, Service Universe may (provided that the Provider consents) elect to make a claim under any applicable policy and if the claim is successful, Service Universe reserves its right to recover any excess or deductible payable in respect of the claim from the Provider. Where Service Universe makes a claim and the insurer assesses that the Provider is responsible, Service Universe is entitled to rely on that assessment. If You do not pay any excess due under this clause, Service Universe may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
- 11.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Provider, and the insurance taken out by Service Universe (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Service Universe may elect to reject or pay an amount to settle a claim not covered by Service Universe's own insurance policies. To the extent that the Provider was or would be liable for the amount of the claim, if Service Universe elects to pay an amount to settle the claim the amount paid by Service Universe may be recovered by Service Universe from the Provider. Service Universe may also elect to set this amount off against future moneys it may owe to the Provider.
- 12.1 You can complain about any comment made on the Service Universe Platform by contacting Service Universe via the Service Universe Platform.
- 12.2 Service Universe is entitled to suspend or terminate Your account at any time if Service Universe, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Service Universe Users.
13. LIMITATION OF LIABILITY
- Please see Appendix A.
15. MODIFICATIONS TO THE AGREEMENT
- 15.1 Service Universe may modify this Agreement or the Policies (and update the Service Universe pages on which they are displayed) from time to time. Service Universe will send notification of such modifications to Your Service Universe account or advise You the next time You login.
- 15.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Service Universe 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.
- 15.3 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 Service Universe who will terminate Your Service Universe account, and stop using the Service Universe Service.
16. NO AGENCY
- 16.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Service Universe, its related entities or affiliates in any way whatsoever. Service Universe confirms that all Third Party Services that may be promoted on the Service Universe Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Service Universe 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.
- 17.1 Except as stated otherwise, any notices must be given by email, either to Service Universe's contact address as displayed on the Service Universe Platform, or to Service Universe 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 Service Universe Platform account.
- 17.2 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.
18. MEDIATION AND DISPUTE RESOLUTION
- 18.1 Service Universe encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Service Universe may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
- 18.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
- 18.3 Service Universe may elect to assist Users resolve disputes. Any User may refer a dispute to Service Universe. You must co-operate with any investigation undertaken by Service Universe. Service Universe 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 Service Universe's determination in an applicable court or tribunal.
- 18.4 Service Universe 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.
- 18.5 Service Universe may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
- 18.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
- 18.7 If You have a complaint about the Service Universe Service please contact us here.
- 18.8 If Service Universe 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 Service Universe for any costs, losses or liabilities incurred by Service Universe in relation to any claims relating to any other use of information not permitted by this Agreement.
- 19.1 Either You or Service Universe may terminate your account and this Agreement at any time for any reason.
- 19.2 Termination of this Agreement does not affect any Job Contract that has been formed between Service Universe Users.
- 19.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
- 19.4 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.
- 19.5 If Your account or this Agreement are terminated for any reason then You may not without Service Universe's consent (in its absolute discretion) create any further accounts with Service Universe and we may terminate any other accounts You operate.
- 20.1 This Agreement is governed by the Canadian laws.
- 20.2 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.
- 20.3 This Agreement may be assigned or novated by Service Universe to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
- 20.4 This Agreement sets out the entire understanding and agreement between the User and Service Universe with respect to its subject matter.
Revised January 2020 Copyright Service Universe 2020
STANDARD JOB CONTRACT
The terms used in this Job Contract have the meaning set out in the Service Universe Glossary. A Job Contract is created in accordance with the Service Universe Agreement. Unless otherwise agreed, the User and the Provider enter into a Job Contract on the following terms:
- 1 COMMENCEMENT DATE AND TERM
- 1.1 The Job Contract is created when the User accepts the Provider's Offer on a Posted Job to provide Services. When using the On-Demand Job feature, the Job Contract is created when the Provider makes an Instant Claim of such a Job Request.
- 1.2 The Contract will continue until terminated in accordance with clause 7.
- 2 SERVICES
- 2.1 The Provider will perform Services in a proper and workmanlike manner.
- 2.2 The Provider 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 User selected the Provider to perform the Services. Therefore the Provider must not subcontract any part of the Services to any third party without the User's consent.
- 2.5 The Provider remains responsible and liable at all times to the User for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Provider.
- 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 Provider warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licenses in the jurisdiction where the Services are performed.
- 4 PAYMENT OR CANCELLATION
- 4.1 Upon the creation of the Job Contract, the User must pay the Agreed Price into the Payment Account.
- 4.2 Upon the Services being completed, the Provider will provide notice on the Service Universe Platform.
- 4.3 The User will be prompted to confirm the Services are complete. If the Provider has completed the Services in accordance with clause 2, the User must use the Service Universe Platform to release the Provider Funds from the Payment Account. For Recurring Services (if applicable) the Provider Funds for an Occurrence will automatically be released by Service Universe from the Payment Account to the Provider unless paused by the User in accordance with the User's Service Universe Agreement.
- 4.4 If the parties agree to cancel the Job Contract, or the User is unable to contact the Provider to perform the Job Contract, the Provider Funds will be dealt with in accordance with the User's Service Universe Agreement.
- 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 Service Universe and act in accordance with clause 18 of the Service Universe 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 Service Universe Platform, at the election of the other party;
- (c) otherwise agreed by the parties or the Third Party Dispute Service; or
- (d) notified by Service Universe in accordance with the party's Service Universe 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 Service Universe Platform.
Revised January 2020 Copyright Service Universe 2020
COUNTRY SPECIFIC TERMS
1. Canadian Terms
If You are a User who has Your Service Universe Platform account in (or the Services are performed in) CANADA then the following terms will also apply to or may vary this Agreement to the extent specified:
a) "Service Universe" means Service Universe Canada;
b) A reference to "C$" or “CAD” is to Canadian dollar;
c) The implied terms included in the Non-Excludable Conditions include the implied terms, which include (without limitation) that Service Universe's services under this Agreement are performed with reasonable care and skill;
d) The exclusions and limitations of liability shall be as follows:
- (1) Nothing in this Agreement excludes or limits Service Universe's liability for:
- (i) death or personal injury caused by our negligence;
- (ii) fraud or fraudulent misrepresentation; and
- (iii) any matter in respect of which it would be unlawful for Service Universe to exclude or restrict its liability.
- (2) If Service Universe fails to comply with the terms of this Agreement, Service Universe is responsible for loss or damage You suffer that is a foreseeable result of Service Universe's breach of this Agreement or Service Universe's negligence, but Service Universe is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of Service Universe's breach or if it was contemplated by You and Service Universe at the time that this Agreement became binding.
- (3) Save as set out in paragraph (1) above, Service Universe shall not be liable to You for any loss or damage arising out of or in any way connected with:
- (i) any transaction between Users and Providers; and
- (ii) any Third Party Service provider who may be included from time to time on the Service Universe Platform.
- (4) Save as set out in paragraph (1) above, Service Universe's liability to any User under this Agreement is limited to the total amount of payment made by that User to Service Universe during the twelve month period prior to any incident causing liability of Service Universe, or C$50.00, whichever is greater;
e) The governing law and jurisdiction shall be as follows:
- (1) This Agreement is governed by Canadian law. This means that Your access to and use of the Service Universe Platform, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by Canadian law.
- (2) You can bring proceedings in respect of this Agreement in the Canadian courts. If You live outside Canada You can still bring legal proceedings in respect of this Agreement in the Canadian courts.
- (3) As a consumer, if You live outside Canada and Service Universe directs the Service Universe Platform to the state in which You are resident, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in this Agreement, including paragraph (1) above, affects Your rights as a consumer to rely on such mandatory provisions of local law.
- (4) If we are not able to satisfy Your complaint about our Services, then Your complaint can be addressed as per the Online Dispute Resolution process referred to at https://www.justice.gc.ca/eng/rp-pr/csj-sjc/dprs-sprd/res/drrg-mrrc/10.html an official website managed by the Canadian Department of Justice dedicated to helping Canadians resolve their disputes out-of-court.
f) The following tax provisions shall apply:
- (1) If You are a Provider, You must have the right to provide Services under a Job Contract and to work in Canada. You must comply with tax and regulatory obligations in relation to any payment (including the Provider Funds) received under a Job Contract. You must not sell goods as a separate supply through the Service Universe Platform. If there is an incidental supply of goods as part of a supply of Services, then paragraph (2) will apply.
- (2) If the supply of any goods is part of a single supply of services for VAT (GST) purposes (and is not a separate supply), then the consideration for such goods will be part of the Agreed Price. If You are a Provider and you supply any goods in conjunction with Your Services and such goods would constitute a separate supply for VAT purposes, then:
- (i) You must supply such goods outside of the Service Universe Platform and under a separate contract between You and the User; and
- (ii) the Agreed Price shall not constitute consideration for such goods and be dealt with in accordance with paragraph (1) above.
g) The Service Fee and/or the Cancellation Admin Fee only becomes payable to Service Universe under this Agreement once Service Universe has performed its services. Therefore, You are not entitled to cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) BUSINESS PRACTICES AND CONSUMER PROTECTION ACT in relation to the Service Fee and/or the Cancellation Admin Fee.
Service Universe Glossary
"Agreement" means the most updated version of the agreement between Service Universe and a User.
"Agreed Price" means agreed price for Services (including any variation) paid into the Payment Account made by the User but does not include any costs incurred by the Provider when completing Services which the User agrees to reimburse.
"Service Universe" means "we" "us" "our" means the legal entity prescribed in Canadian Terms.
"Service Universe Badge" means a digital badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Service Universe.
"Service Universe Platform" means the Service Universe website at https://www.ServiceUniverse.ca, Service Universe smartphone app, and any other affiliated platform that may be introduced from time to time.
"Service Universe Service" means the service of providing the Service Universe Platform.
"Badge" means a Service Universe digital Badge and Verification Icon.
"Business Day" means a day on which banks are open for general business in the jurisdiction where Users have their Service Universe Platform account, other than a Saturday, Sunday or statutory holiday.
"Business Partner Contract" means a contract between a Business Partner and a Provider to perform Business Services.
"Business Partner" means the business or individual that enters into an agreement with Service Universe to acquire Business Services.
"Business Services" means Services provided by a Provider to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Cancellation Admin Fee" means the Fee payable by a User or a Provider for cancelling a Job Contract and will not exceed 15% of the Agreed Price.
"Consequential Loss" means any loss, damage or expense recoverable at law:
- (a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- (b) which is a loss of:
- a. opportunity or goodwill;
- b. profits, anticipated savings or business;
- c. data; or
- d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
"Country Specific Terms" means those terms set out in Appendix B.
"Fees" means all fees payable to Service Universe by Users including the Service Fee.
"Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Service Universe Badges and Verification Icons.
"Instant Claim" means the acceptance of an Offer by a Provider via the On-Demand Job function.
"Marketing Material" means any updates, news and special offers in relation to Service Universe or its Third Party Services.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void. Further detail on the Non-excludable Conditions for consumers in Canada is set out in the relevant Canadian Terms.
"Occurrence" means each individual occurrence of services to be performed by a Provider that form part of Recurring Services.
"Offer" means an offer made by a Provider in response to a Posted Job to perform the Services. or an offer made by a User for the performance of Services by a Provider when using Starting Bid
"Payment Account" means the account operated by the Payment Provider.
"Payment Provider" means an entity appointed by Service Universe that manages and operates the Payment Account including accepting payments from and making payments to Users.
"User" means a User that posts on the Service Universe Platform in search of particular Services.
"Posted Job" means the User's request for Services published on the Platform (including via Starting Bid), and includes the deadline for completion, price and description of the Services to be provided.
"User Service Fee" means the fee payable by the User to Service Universe as consideration for the Service Universe Services (and comprised as part of the Agreed Price) displayed to a User prior to entering into each Job Contract
"Recurring Services" means the same services procured by a User using the Starting Bid feature from the same Provider on a recurring basis, for example weekly, fortnightly or monthly.
"Reference" means a feature allowing a User to request other Users to post a reference on the Service Universe Platform endorsing that User.
"Starting Bid" means a feature of the Service Universe Platform whereby a User can submit specific details of a Posted Job with Service Universe's assistance to calculate the Agreed Price and find potential Providers to perform the Services. This may also be referred to on the Service Universe Platform as "Pre-Packaged Offer".
"Service Fee" means the User Service Fee and the Provider Service Fee.
"Services" means the services to be rendered as described in the Posted Job, including any variations or amendments agreed before or subsequent to the creation of a Job Contract and for Recurring Services the Services are the services to be performed under each Occurrence.
"Platform Credit" means the physical or virtual card, coupon, voucher or code containing credit or a discount or refund provided as credit or anything else identified or described as 'Platform Credit' in this Agreement, for use on the Service Universe Platform.
"Job Contract" means the separate contract which is formed between a User and a Provider for Services. In the absence of, or in addition to, any terms specifically agreed, the standard terms of which are included in Appendix A to the Agreement apply to Job Contracts.
"Provider" means a User who provides Services to Users.
"Provider Funds" means the Agreed Price less the Service Fee.
"Provider Service Fee" means the fee payable by the Provider to Service Universe as consideration for the Service Universe Services (and comprised as part of the Agreed Price) displayed to a Provider prior to entering into each Job Contract.
"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Service Universe Platform from time to time.
"User" or "You" means the person who has signed up to use the Service Universe Platform, whether as the User, Provider, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Service Universe Platform to confirm details such as a User's qualification, license, certificate or other skill.
Rules of Interpretation:
In the Service Universe Agreement and all Policies, except where the context otherwise requires:
- (a) the singular includes the plural and vice versa, and a gender includes other genders;
- (b) another grammatical form of a defined word or expression has a corresponding meaning;
- (c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- (d) the applicable currency shall be the currency specified in Canadian Terms;
- (e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- (f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- (g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- (h) headings are for ease of reference only and do not affect interpretation;
- (i) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- (j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
Revised January 2020 ©Service Universe 2020