Fuzul Terms of Service
Fuzul is a web- and app-based on-demand peer-to-peer gig marketplace which enables connections between Clients and Fuzlers. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Tasks”) from Fuzulers and are therefore clients of Fuzulers, and “Fuzulers” are businesses seeking to perform Tasks for Clients. Clients and Fuzulers together are hereinafter referred to as “Users.” If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail herein.
Fuzul is only a marketplace. It does not perform Tasks and does not employ people to perform Tasks. Fuzulers operate as independent business owners and are typically engaged in established business of the same nature as that involved in the Tasks they perform for Clients through the Fuzul Platform. Fuzul does not control or direct the Fuzulers’ performance of their services or set their work locations, work hours, or terms of work. Fuzulers provide services under their own name or business name, and not under Fuzul’s name. Fuzulers provide their own tools and supplies to perform their services; Fuzul does not provide the tools or supplies. Fuzulers are free to maintain a clientele without any restrictions from Fuzul and are free to offer and provide their services elsewhere, including through competing platforms. Fuzulers are free to accept or reject Clients and contracts. Fuzulers are not penalized for rejecting Clients or contracts, though if Fuzulers accept a Client or contract through the Fuzul Platform, they are expected to fulfill their contractual obligations to their client. Fuzulers set their own rates for services performed in the Fuzul general marketplace, without deduction by Fuzul. Fuzulers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
Fuzul is offered and available to users who are 18 years of age or older. By using Fuzul, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements listed herein. If you do not meet all of these requirements, you must not access or use Fuzul.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT UNDER THE HEADING, “Dispute Resolution - Arbitration Agreement.” THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST FUZUL TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
USERS HEREBY ACKNOWLEDGE THAT FUZUL ONLY PROVIDES FUZUL AND DOES NOT SUPERVISE, MONITOR, DIRECT, OR CONTROL A FUZULER’S WORK. FUZULERS ARE INDEPENDENT CONTRACTORS OF THEIR CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF FUZUL. FUZUL DOES NOT PERFORM TASKS FOR USERS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. TO THE FULL EXTENT ALLOWED BY LAW, FUZUL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER. FUZUL DOES NOT GUARANTEE IN ANY WAY COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE. FURTHER, THIS LIMITATION OF ANY RESPOSIBILITY OR LIABILITY, INCLUDES BUT IS NOT LIMITED TO, A GUAARANTEE OF ANY KINDS, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, A WARRANTY OF HABITABILITY, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, AND/OR A WARRANTY OR CONDITION OF QUALITY.
FUZULER’S RELATIONSHIP WITH CLIENTS
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Task. The terms of the Service Agreement include the terms set forth this Agreement, the engagement terms proposed and accepted on Fuzul, and any other contractual terms accepted by both the Fuzuler and their Client to the extent such terms do not conflict with the terms in this Agreement, and do not expand Fuzul’s obligations or restrict Fuzul’s rights under this Agreement.
Fuzulers are required to personally perform their Tasks. Fuzulers and Users may not assign, subcontract, or delegate any of the Tasks or their rights or obligations under these Terms of Service without Fuzul’s prior written consent. Any attempt to assign, subcontract, or delegate a Task to a third party or rights or obligations in violation of these Terms of Service will be null and void.
The Client shall pay their Fuzuler(s) in full for all Task services via the PSP as indicated on Fuzul, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task.
USERS AGREEMENT AND OBLIGATIONS:
ou will treat other Users with respect and dignity, and act responsibility and professionally;
You will respect the privacy of others and Users in general (including digital, property, etc.) and will not (including without limitation private, family and home life), property, and data You and will not record via video, audio, photograph or othersiwse, any Task or any interaction by or with any User and/or Fuzuler in connection with Fuzul without the prior written consent of Fuzul and the relevant User/Fuzuler;
You will keep your promise, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Fuzuler or Client as the case may be, and only utilize the third party payment service provider specified or approved by Fuzul to make or receive payment for services provided through Fuzul ( the “PSP”);
You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Task(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients; You will act professionally and responsibly in your interactions with other Users; You will use your real name or business name on your profile; You will use your own face on any facial identification, including the 3D Selfies. You have read, understand, and agree to be bound by the Happiness Pledge applicable to the country where the Task is performed;
Tasks shall only be performed in a country where Fuzul has a presence.
You will not use Fuzul for any illegal use, including, without limitation, the purchase of any controlled or illegal substances or services.
When you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Other than as fully and promptly disclosed in writing to Fuzul, you do not have any motivation, status, or interest that Fuzul may reasonably wish to know about in connection with Fuzul, including without limitation, if you are using or will or intend to use Fuzul for any journalistic, academic, investigative, or unlawful purpose.
Fuzulers additionally represent and warrant that:
When using Fuzul, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity; You are customarily engaged in an independently established business of the same nature as the services performed for Clients through Fuzul, and maintain an independent clientele; You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks; If the Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration; You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks (including but not limited to a state contractor’s license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Task you are performing); You have any and all insurance required to operate your business and provide your services; You will use your real name or business name and an up-to-date photo on your profile; You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
TERMINATION OR SUSPENSION OF USER ACCOUNT
Fuzul has the right to terminate or suspend your access to all or part of Fuzul for any reason it deems proper at its complete discretion. User understands and accepts the risk that Fuzul, to the extent allowable by law, may terminate, deactivate or suspend a User’s account for a reason that User does not agree with or for a reason that is based on a mistake and that User has no recourse outside that set forth in this agreement.
Fuzul may suspend your right to use the Fuzul Platform pending an investigation,which it may perform at its sole discretion, of a potential breach by you of this Agreement, with or without issuing a prior warning. Fuzul may deactivate your account or limit your use of the Fuzul Platform upon its determination that you breached a provision of this Agreement. Normally, Fuzul will issue a warning. Fuzul will provide a User with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person or entity, or notice would otherwise be counterproductive or would create a risk to safety. Only as limited by applicable law, any appeal of Fuzul’s determination is at Fuzul’s sole and complete discretion. Fuzul may consider an appeal if User contacts Fuzul within 14 days of receipt of such notice with the grounds for the appeal. Send any such appeal to the following fuzul@fuzul.
Even after your right to use the Fuzul Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Fuzul reserves the right to take appropriate legal action pursuant to the Agreement.
Users may report each other for a User Breach. In such an event, Fuzul will investigate and issue an appropriate decision. Fuzul reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Fuzul Platform at its sole discretion. Fuzul will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Fuzul shall not be liable to you for any modification or discontinuance of all or any portion of the Fuzul Platform. Fuzul has the right to restrict anyone from completing registration as a Fuzuler or User if such person may threaten the safety and integrity of the Fuzul Platform, or if such restriction is necessary.
PAYMENT & INVOICING
Client, and not Fuzul, is responsible for payment for all Task services through the Fuzul. Such payment must be made via the Payment Service Provider (PSP). Fuzul is not obligated to compensate Fuzuler for Client’s failure to pay for services. Fuzulers will be required to set up an account with the PSP (currently STRIPE) through Fuzul, which will require the compliance with the terms as indicated by the PSP. By accepting thes PSP’s Terms of Service, Fuzulers agree read and agreed to it and will comply with it, and that the PSP Terms of Service are between Fuzuler and the PSP and not Fuzul. Fuzul is not a party to the PSP Services Agreement and has no responsibility under that agreement.
All payments on Fuzul shall be paid through the PSP (currently STRIPE). Clients on Fuzul will be required to provide their payment method information to Fuzul and the PSP. Fuzulers are required to invoice their Clients within 24 hours of the work being performed (even if the Task is not completed in its entirety and is designated as such). Clients will be responsible for paying the invoice(s) for each Task (the “Invoice(s)”), which will include (a) the pricing terms of the Task provided by the Fuzuler and agreed upon by the parties (“Task Payment”), (b) any out of pocket expenses agreed upon by the parties and submitted by the Fuzuler in connection with the Task, (c) the service charge Fuzul assesses to the Client for access to and information regarding Fuzulers, and (d) any other fees Fee Fuzul assesses to the Client for customer support and other various other services, or (e) cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Fuzuler. Clients may also be charged credit card processing fees equal to or less than 3% of the aggregate expense amount if expenses related to a Task individually, or Tasks in the aggregate over a 30-day period, exceed $300. Fuzulers will be responsible for paying (i) registration fees, if applicable, and (ii) repayment of erroneous payments.
Fuzul and/or the PSP may validate an account before activation and prior to each Task booking. As part of the validation process, temporary charges may be placed with the User’s account and thereafter refunded within 1-5 business days. The estimated value of the Task and expense will determine the amount of the temporary charge, if any. Upon client receipt of confirmation through Fuzul or via other approved correspondence, that a Task has been completed, Client automatically authorizes the PSP to process the Invoice(s). Clients may be billed a one-hour cancellation charge as damages at the Fuzuler’s hourly rate through the PSP. This cancellation charge may occur a Task is booked but canceled before the scheduled time for performance. Certain geographical and region specific exceptions regarding the cancellation charge may apply due to applicable law.
Fuzul is not required to but reserves the right at request from User, notice of illicit use of Fuzul, to delay, stop or hold any Task related payment or to cause or ask the PSP to do so.
Tax related laws vary greatly, and in jurisdictions, there may be law, rules or regulations/orders that may require Fuzul to collect financial information about you, including but not limited to total revenue or taxes paid. Fuzul may issue documentation to facilitate accurate tax reporting whether you know and/or consent. Furthermore, Users of Fuzul may be liable for any taxes, levies, VAT, or similar charges required to be paid as a result of the Tasks.
SALES TAX COLLECTION AND REMITTANCE
You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements. In jurisdictions where Fuzul facilitates the collection and/or remittance of sales tax on behalf of Fuzulers, you instruct and authorize Fuzul to collect taxes on your behalf, and/or to remit such Taxes to the relevant tax authority. You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law.
If Fuzul contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party apps linked to Fuzul, you do so entirely at your own risk and subject to the terms and conditions of use for such apps.
Fuzul expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Fuzul Platform. You hereby agree to hold Fuzul harmless from any liability that may result from the use of links that may appear on the Fuzul Platform.
PROPER USE OF FUZUL
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Fuzul will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas. For the safety and integrity of Fuzul you should not share your personal contact information with other Users. You may only use such Fuzul Public Areas to correspond in a way that is relevant and proper to the applicable Task or Fuzul function. Fuzul may contain User profiles, the posting of Tasks, email systems, message boards, reviews, ratings, Task postings, chat areas, news groups, forums, communities and other message or communication facilities—Public Areas—that allow communication between Users. Users must use common sense to protect themselves, Fuzul, and other Users from harm, this includes but is not limited to the following prohibited uses.
Using Fuzul for any unauthorized or illegal purpose; Using Fuzul for posting or performing a Task in violation of applicable law; Spamming, including the Posing of the same Task repeatedly; Post or upload any content which you have not obtained the requisite rights and permissions to use;
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through Fuzul;
Harrasment of any User or Fuzuler, including actions which would inhibit a User from utilizing the Public Areas in any way;
Impliedly or directly make representations on behalf of Fuzul; Hacking: including but not limited to the use of phishing, password cracker, robot, spider, manual, meta tag, hidden text, social engineering, DDoS, agent, spyware, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, steal, redistribute, sell, license, relicense, download, manage or index Fuzul or the electronic addresses or personal information of others; Frame or utilize framing techniques to enclose Fuzul or any portion thereof; Interfere with Fuzul, its servers or any connected networks;
Adapt, alter, license, sublicense or translate Fuzul for your own personal or commercial use; Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Fuzul, partners or Affiliates; Upload any content to Fuzul that is offensive. Offensive content includes but is not limited to that which is illegal and/or content that advocates, condones, supports or promotes bigotry, hatred, racism, nationalism related to racism, conspiracy theories that support any of the foregoing, or physical harm of any kind against any individual or group of individuals; Upload content that provides materials or access to materials of a pornographic nature and/or that exploit or depict people in an abusive, violent or sexual manner; Solicit for any other business, service, website or otherwise contact Users for employment, contracting, tasks, or any purpose not related to use of Fuzul as set forth herein; Collect usernames, email addresses, or other personal information of Users by electronic or other means; Use Fuzul in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Fuzul’s trade secret information for public disclosure or other purposes;
To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as expressly permitted in this Agreement) ;
A. App Use and Background Checks
Users agree to exercise caution and common sense to protect their personal data, property, and persons. Fuzul takes reasonable steps for your security, such as confirming that the person performing a Task is a human through the use of 3D-Selfies and other means. However, Fuzul cannot confirm that any User is who they claim to be, and Fuzul cannot and does not assume any responsibility for the accuracy or reliability of Background Check information. Whether to perform a background check or what kind, criminal or otherwise, is at the full discretion of Fuzul, and Users should proceed as if Fuzul has not performed a criminal or other background check and use the same discretion User would use in any other similar or same situation. Fuzul will not be liable for any false or misleading statements made by Users of Fuzul.
If a Fuzuler, you agree to disclose any prior criminal convictions (other than misdemeanor traffic violations) and to promptly disclose to Fuzul in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of Fuzul.
B. App Use and Background Checks
You are responsible for your safety. You are responsible for maintaining your privacy. Should you suspect any party may be using your password or account or you suspect any other breach of security, you agree to notify Fuzul immediately. Fuzul has set up certain measures in attempt to assist in this effort but does not and cannot ensure your safety. You are responsible to protect the confidentiality of any non-public information, including, log-in, password, and account number provided by you or given to you by Fuzul for accessing the Fuzul Platform. You are responsible for all activities that occur under your password or account, even if not authorized by you. Fuzul has no control over the use of any User’s account and expressly disclaims any liability resulting therefrom.
You acknowledge that telephone calls to or from Fuzul, together with its agents and partners may be monitored and recorded for the purposes of quality control and training. Note that if a change in ownership of your telephone numbers, you may notify Fuzul by texting STOP to any text message sent from Fuzul to the retiring phone number. Contact fuzul@fuzul if you need more information regarding this.
You verify that any contact information provided to Fuzul, its partners, agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information changed or compromised in any way, you agree to immediately notify Fuzul before the change goes into effect by visiting fuzul@fuzul.
C. Fuzul References to Fuzulers Only Indicate a Fuzuler Has Completed The Registration
Any reference on the Fuzul Platform to a Fuzuler being licensed or credentialed or rated in some manner indicates only that the Fuzuler has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Fuzul of such Fuzuler’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Fuzulers whom they select, interact, or contract with via the Fuzul Platform.
The Fuzul Platform enables connections between Users for the fulfillment of Tasks. Fuzul is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Fuzulers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Fuzul makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the Fuzul Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.