SecureTasks Model Task Contract

Updated May 2020.

The terms used in this Task Contract have the meaning set out in the SecureTasks Glossary. A Task Contract is created in accordance with the SecureTasks Agreement. Unless otherwise agreed, the Employer and the Consultant enter into a Task Contract on the following terms:
 
1. COMMENCEMENT DATE AND TERM
 
1.1 The Task Contract is created when the Employer accepts the Consultant’s Offer on a Posted Task to provide Services.
1.2 The Contract will continue until terminated in accordance with clause 7.
 
2. SERVICES
 
2.1 The Consultant will perform Services in a proper and workmanlike manner.
2.2 The Consultant 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 Task Contract.
 
3. WARRANTIES
 
3.1 Each party warrants that the information provided in the creation of the Task Contract is true and accurate.
3.2 The Consultant warrants that he/she has the right to work and provide Services and hold relevant licences in the nominated country where the work is to be performed.
3.3 The parties incorporate the Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.
 
4. PAYMENT OR CANCELLATION
 
4.1 If SecureTasks is providing its Escrow functionality upon the creation of the Task Contract, the Employer must pay the Agreed Price into the Escrow Account.
4.2 Upon the Services being completed, the Consultant will provide notice of completion on the SecureTasks Platform.
4.3 The Employer will be prompted to confirm the Services are complete and accepted. If the Consultant has completed the Services in accordance with clause 2 and Employer agrees, the SecureTasks Platform release the Funds in Escrow from the Escrow Account to the Consultant.
4.4 If the parties agree to cancel the Task Contract, or the Employer is unable to contact the Consultant to perform the Task Contract, the Consultant Funds will be dealt with in accordance with the User’s SecureTasks Agreement.
4.5 If SecureTasks is NOT providing its Escrow functionality upon the creation of the Task Contract, the Employer must agree with the Consultant to pay their Agreed Price on the successful completion of the Services.
4.2 Upon the Services being completed, the Consultant will provide notice of completion on the SecureTasks Platform.
4.3 The Employer will be prompted to confirm the Services are complete and accepted. If the Consultant has completed the Services in accordance with clause 2 and Employer agrees, the Employer must pay to the Consultant the agreed Fees based on the Agreed terms and conditions agreed earlier.
 
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 Task 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 clause6.1, either party may refer the dispute to SecureTasks and act in accordance with clause 18 of the SecureTasks Agreement.
 
7. TERMINATION OF CONTRACT
 
The Task Contract will terminate when:
 
(a) the Services are completed and the Agreed Price is released from the Escrow Account;
(b) the Services are completed and the Employer has paid the Consultant;
(c) a party is terminated or suspended from the SecureTasks Platform, at the election of the other party;
(d) otherwise agreed by the parties or the Third Party Dispute Service; or
(e) notified by SecureTasks in accordance with the party’s SecureTasks Agreement.
 
8. APPLICATION OF POLICIES
 
The parties incorporate by reference the applicable Policies.
 
9. GOVERNING LAW
 
The Task Contract is governed by the laws of California, USA or the Commonwealth of Australia at the sole discretion of SecureTasks. The parties submit to the exclusive jurisdiction of SecureTasks selected governing jurisdiction.
 
SecureTasks Glossary
 
“CL” means the Consumer Law.
 
“Agreement” means the most updated version of the agreement between SecureTasks and a User.
 
“Agreed Price” means agreed price for Services (including any variation) paid into the Escrow Account made by the Poster but does not include any costs incurred by the Consultant when completing Services which the Poster agrees to reimburse.
 
“SecureTasks” “we” “us” “our” means SecureTasks, LLC a Delaware Registered Limited Liability Company.
 
“SecureTasks Badge” means a 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 SecureTasks.
 
“SecureTasks Platform” means the SecureTasks website at https://www.SecureTasks.net SecureTasks smartphone app, and any other affiliated platform that may be introduced from time to time.
 
“SecureTasks Service” means the service of providing the SecureTasks Platform.
 
“Badge” means an SecureTasks Badge and Verification Icon.
 
“Business Day” means a day on which banks are open for general business in San Mateo, California, other than a Saturday, Sunday or public holiday.
 
“Business Partner Contract” means a contract between a Business Partner and a Consultant to perform Business Services.
 
“Business Partner” means the business or individual that enters into an agreement with SecureTasks to acquire Business Services.
 
“Business Services” means Services provided by a Consultant 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 Poster for cancelling a Task Contract.
 
“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.
 
“Consumer Guarantees” means the consumer guarantees contained in of the CL.
 
“Escrow Account” means the escrow account.
 
“Escrow Provider” means an entity that manages the Escrow Account (which may include SecureTasks or its related bodies corporate).
 
“Fees” means all fees payable to SecureTasks 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, SecureTasks Badges and Verification Icons.
 
“Marketing Material” means any updates, news and special offers in relation to SecureTasks 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.
 
“Offer” means an offer made by a Consultant in response to a Posted Task to perform the Services.
 
“Personal Information” has the same meaning as described in the Privacy Policy.
 
“Policies” means the policies posted by SecureTasks on the SecureTasks Platform, including but not limited to the Privacy Policy and Community Guidelines.
 
“Poster” means a User that posts on the SecureTasks Platform in search of particular Services.
 
“Posted Task” means the Poster’s request for services, and includes the deadline for completion, price and description of the Services to be provided.
 
“Privacy Policy” means the privacy policy which is available at https://www.SecureTasks.com and https://www.SecureTasks.net
 
“Reference” means a feature allowing a User to request other Users to post a reference on the SecureTasks Platform endorsing that User.
 
“Service Fee” means the fee payable by the Consultant to SecureTasks as consideration for the SecureTasks Services (and comprised as part of the Agreed Price) displayed to a Consultant prior to entering into each Task Contract.
 
“Services” means the services to be rendered as described in the Posted Task, including any variations or amendments agreed before or subsequent to the creation of a Task Contract.
 
“Site” means the website at https://www.SecureTasks.net
 
“Stored Value” means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the SecureTasks Platform.
 
“Task Contract” means the separate contract which is formed between a Poster and a Consultant for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Task Contracts.
 
“Consultant” means a User who provides Services to Posters.
 
“Consultant Funds” means the Agreed Price less the Service Fee.
 
“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 SecureTasks Platform from time to time.
 
“User” or “You” means the person who has signed up to use the SecureTasks Platform, whether as the Poster, Consultant, or otherwise.
 
“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the SecureTasks Platform to confirm details such as a User’s qualification, license, certificate or other skill.
 
Rules of Interpretation:
 
In the SecureTasks 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) a reference to USD$, $USD, dollar or $ is to United States of America currency;
(e) a reference to time is to the time in California, USA;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g) 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;
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(i) headings are for ease of reference only and do not affect interpretation;
(j) 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
(k) 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 May 2020 Copyright (c) SecureTasks, May 2020