SecureTasks Terms of Service

Updated May 2020.

Here are our terms and conditions. Please contact us if you have any other questions.


The SecureTasks, LLC (“SecureTasks”) Terms & Conditions (updated May 2020) outline SecureTasks’ and Your obligations and responsibilities on the SecureTasks Platform. In this update to our Terms and Conditions, SecureTasks has updated information regarding User obligations, Fees and dispute resolution functions. SecureTasks has also clarified the payment of cancellation fees for Users that cancel Task Contracts.

User Agreement: www.securetasks.com

SecureTasks operates an online platform allowing Users to connect through the SecureTasks Platform with other Users who provide Services.

Please read these terms and all Policies including our Privacy Policy, the Community Guidelines and the Model Task Contract Between Employer and Consultant carefully before using the SecureTasks Platform. These Policies are incorporated into this Agreement by reference.

All defined terms in this Agreement have the meaning given to them in the SecureTasks Glossary.

SCOPE OF SECURETASKS SERVICES

1.1 SecureTasks provides the SecureTasks Platform to enable Posters to publish Posted Tasks.

1.2 Consultants may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users of the SecureTasks Platform.

1.3 A Poster is an Employer.

1.4 An Employer can not modify a Posted Task at any time before he/she accepts an Offer. SecureTasks reserves the right to cancel all Offers on a Posted Task.

1.5 A Task once Posted contains explicit contractual terms between the Employer and the Consultant bidder, this can not be amended.

1.6 Should the Employer deem that they have Posted a Task with content they want to change, then the Employer can archive the Task and modify it then repost the modified task.

1.7 When Consultants bid on tasks they are bidding a GST, VAT or Sales Tax Inclusive Price. Consultants are responsible for the collection of sales taxes according to the normal operating procedures of their local taxing authority.

1.8 SecureTasks is not responsible for the collection of sales taxes except where applicable on the fees it charges for the use of its Platform.

1.9 If an Employer accepts an Offer on the SecureTasks Platform, a Task Contract is created between the Consultant and the Employer. The task Contract terms are referenced in the Model Task Contract between Employer and Consultant.

1.10 If SecureTasks offers its Escrow functionality upon creation of a Task Contract, the Employer must pay the Agreed Price and any other fees into the Escrow Account.

1.11 If SecureTasks does not offer its Escrow functionality on the Platform the Employer must agree with the Consultant payment terms.

1.12 If SecureTasks offers its Escrow functionality upon creation of the Task Contract, SecureTasks has rendered SecureTasks Services and a Service Fee is due and payable by the Employer.

1.13 Once the Task Contract is created, the Consultant and Employer may vary the Task Contract details and deliverables.

1.14 The Consultant must perform the Services required under the Task Contract, including in accordance with any additional terms or conditions agreed by the parties.

1.15 Once the Services are complete and the Escrow functionality is being used:

1.15.a The Consultant must provide notice that the agreed services they are providing are complete on the SecureTasks Platform;

1.15.b The Employer must provide notice that the Task has been accepted without dispute on the SecureTasks Platform;

1.15.c The Task is deemed closed and accepted by the Employer when they click the “Finish” button on the SecureTasks Workspace for the Task;

1.15.d If the Escrow functionality is being used once the Posted Task has been completed and the Employer confirms the Services are completed (as above), or if SecureTasks is satisfied the Services have been completed, the Funds in Escrow will be released from the Escrow Account to the Consultant.

1.16 Once the Services are complete and the Escrow functionality is not being used:

1.16.a The Consultant must provide notice that the agreed services they are providing are complete on the SecureTasks Platform;

1.16.b The Employer must provide notice that the Task has been accepted without dispute on the SecureTasks Platform;

1.16.c The Task is deemed closed and accepted by the Employer when they click the “Finish” button on the SecureTasks Workspace for the Task;

1.16.d Once the Posted Task has been completed and the Employer confirms the Services are completed (as above), the Employer must pay the Consultant through whatever mechanism they both agree upon.

1.17 After the Task Contract is completed, the parties are encouraged to review and provide feedback in the form of a star rating for the Services delivered by the Consultant or the conduct exhibited by the Employer on the SecureTasks Platform.

1.18 SecureTasks provides a feature enabling Employers to request Services based on Consultants skills, reputation or other attributes. When this occurs, the Consultant will be automatically notified of the new Posted Task, and that the Employer would like the Consultant to make an Offer to supply Services. However, that Consultant will not have any further special rights and will need to follow the normal Offer process to become the winning Consultant for the Posted Task.

1.19 Should an Employer Post a Task then accept a bid on the Task and pay into Escrow the agreed fees then cancel the Task and request the Funds in Escrow to be returned, SecureTasks will return the funds to the Employer as soon a practically possible less its Service Charges.

SECURETASKS’ ROLE AND OBLIGATIONS

2.1 SecureTasks provides the SecureTasks Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks.

2.2 SecureTasks does not provide comment or editorial on Posted Tasks.

2.3 SecureTasks only permits individuals over 18 years of age to become Users.

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

2.5 At its absolute discretion, SecureTasks may refuse to allow any person to register or create an account with SecureTasks or cancel or suspend any existing account.

2.6 Registering and creating an account with SecureTasks requires a monthly membership fee for Employers.

2.7 Registering and creating an account with SecureTasks requires a monthly membership fee for Employers.

2.8 In the future there may be a charge for an Employer to post tasks.

2.9 There is be a fee for Consultants to bid on Posted Tasks.

2.10 It is free or for registered Users to review content on the SecureTasks Platform, including Posted Tasks or Consultant Profiles.

2.11 All content on the SecureTasks Platform is Copyright SecurePeople Pte Ltd.

2.12 SecureTasks accepts no liability for any aspect of the Employer and Consultant interaction, including but not limited to the description, performance or delivery of Services.

2.13 SecureTasks 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 Consultants to perform tasks or supply items, or the honesty or accuracy of any information provided by Employers or in some instances the Employers’ ability to pay for the Services requested.

2.14 Except for liability in relation to any Non-excludable Condition, the SecureTasks 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.

2.15 SecureTasks 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.

2.16 SecureTasks does not verify the identity of users on the Platform and cannot vouch that information provided by either Consultants or Employers is accurate.

USER OBLIGATIONS

3.1 As a User of the SecureTasks Platform You will at all times:

(a) comply with this Agreement (including all published and unpublished Policies) and all applicable laws and regulations;

(b) only post accurate information on the SecureTasks Platform;

(c) promptly and efficiently perform obligations to other Users under a Task Contract; and

(d) ensure that You are aware of any laws that apply to You as an Employer or Consultant, or in relation to using the SecureTasks Platform.

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

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

3.4 You must maintain control of Your SecureTasks account and must not deal Your account in any way, including by 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 SecureTasks an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the SecureTasks Platform for the purpose of publishing material on the SecureTasks Platform and as otherwise may be required to provide the SecureTasks Service, for the general promotion of the SecureTasks Service, and as permitted by this Agreement.

3.6 You agree that any information posted on the SecureTasks Platform must not, in any way whatsoever, be potentially or actually harmful to SecureTasks or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by SecureTasks.

3.7 Without limiting any provision of this Agreement, any information You supply to SecureTasks or publish in a Posted Task (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 SecureTasks’ 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 SecureTasks Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming software, libraries, scripts or code that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

3.8 In the future the SecureTasks Platform may from time to time engage location-based or map-based functionality. The SecureTasks Platform may display the location of Employers and Consultants to persons browsing the SecureTasks Platform. Each Employer is asked to provide the country where the Services are to be delivered. A Employer should never disclose personal details such as the Employer’ full name, street number, phone number or email address in a Posted Task or in any other public communication on the SecureTasks Platform.

3.9 If You are a Consultant, You must have the legal right to provide Services under a Task Contract and to work in the nominated country for the fulfilment of services. You must comply with tax and regulatory obligations in relation to any payment (including Consultant Funds) received under a Task Contract.

3.10 Consultants must provide Services to Employers in accordance with the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a third party or by any of our Policies.

3.11 If Escrow functionality is being offered You must not, when supplying Services, charge an Employer any fees on top of the Funds placed in Escrow. However, the parties to a Task Contract may agree to amend the Agreed Price through the SecureTasks Platform.

3.12 If Escrow functionality is being used You must not request payments outside of the SecureTasks Platform from the Employer except to the extent permitted by clause 3.13 and only if the SecureTasks Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.13.

3.13 If a Consultant agrees to pay some costs for completing the Services (such as equipment to complete the Services), the Consultant is solely responsible for obtaining any reimbursement from the Employer. SecureTasks advises Consultants not to agree to incur costs in advance of receiving the payment for these costs, unless the Consultant is confident the Poster will reimburse the costs promptly.

3.14 If SecureTasks determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the right, without reimbursement of fees, to remove any content, Posted Task or Offer You have submitted to the SecureTasks Service or cancel or suspend Your account and/or any Task Contracts.

FEES

4.1 If Escrow functionality is being offered upon the creation of a Task Contract, the Poster owes SecureTasks the Service Fee. SecureTasks will calculate this fee and add it to the agreed Task Contract Price. The Poster must place the Service Fee and Task Contract Price into the Escrow Account. The Service Fee will automatically be deducted from the amount held in the Escrow Account.

4.2 If the Posted Task requires a Consultant 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 SecureTasks are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.

4.5 If SecureTasks introduces a new service on the SecureTasks Platform, the Fees applying to that service will be payable as from the launch of the service.

4.6 SecureTasks may set-off any Fees against any Consultant Funds or other amounts held by SecureTasks on behalf of a User.

4.7 SecureTasks may restrict a User’s account until all Fees have been paid.

4.8 Registering and creating an account with SecureTasks requires a monthly membership fee for Employers.

4.9 Registering and creating an account with SecureTasks may require a monthly membership fee for Consultants.

PAYMENTS AND REFUNDS

5.1 If Escrow functionality is used:

(a) the Employer and the Consultant mutually agree to cancel the Task Contract; or

(b) following reasonable attempts by an Employer to contact a Consultant to perform the Task Contract, the Task Contract is cancelled;

and

(c) SecureTasks is satisfied that the Agreed Price should be returned to the Poster,

then, subject to clause 5.3, SecureTasks will pay the Funds in Escrow held in the Escrow Account to the Employer, less any service fees.

SecureTasks may also pay to the account of the Employer, on behalf of the Consultant, an additional amount up to the value of the Service Fee collected in connection with the Task Contract. In this case this Service Fee will be reimbursable by the Consultant to SecureTasks.

5.2 Any amount paid by SecureTasks on behalf of a Consultant under clause 5.1 will be a debt owed by the Consultant to SecureTasks.

5.3 If Escrow functionality is used and if a Task Contract is cancelled:

(a) SecureTasks will retain the Service Fee in accordance with clause 1.20 and 4.1; and

(b) the cancellation will be attributed to the Consultant unless the Consultant can provide evidence to SecureTasks’ satisfaction (in its sole opinion) that the Employer caused the cancellation of the Task Contract.

(c) If cancelled by the Employer (as determined by this clause), the Employer may pay a Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged under the relevant Task Contract (which will not exceed 25% of the Agreed Price).

5.4 If Escrow functionality is used and the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.

5.5 If Escrow functionality is used following resolution of a cancelled Task Contract in accordance with clause 5.1, SecureTasks may take up to 30 days to return the Agreed Price (less Service and Cancellation Admin Fees, if applicable) to the Employer.

5.6 If Escrow functionality is used, if, for any reason, the Consultant Funds cannot be transferred or otherwise made to the Consultant or returned to the Employer (as the case may be) or no claim is otherwise made for the Funds in Escrow, the Funds in Escrow will be transferred automatically by SecureTasks service provider Stripe Connect to SecureTasks and will remain in SecureTasks’ Account until paid or otherwise for up to three months from the date the Employer initially paid the Agreed Price into the Escrow Account.

5.7 Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Consultant Funds, the Consultant Funds will be automatically converted to Stored Value and credited to the Employer.

5.8 In the case of clause 5.7 Stored Value may only be used for the payment of SecureTasks Service fees.

STORED VALUE

6.1 Stored Value :

(a) can be used by the credited User to pay for any new Services via the SecureTasks Platform;

(b) are not refundable or redeemable for cash;

(c) cannot be replaced, exchanged or reloaded;

(d) are valid for 12 months from the last date the SecureTasks credit is topped-up, the date of issue or purchase or any expiry date applied by SecureTasks (subject to any contrary specific jurisdictional legislative requirements);

(e) may also be subject to additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on when the Stored Value is redeemable (for example only for a User’s first Task 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 SecureTasks’s prior written permission.

6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. SecureTasks will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.

6.3 SecureTasks will not accept, and may refuse or cancel, any Stored Value, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and SecureTasks reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, 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 SecureTasks is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by SecureTasks.

6.5 Should a User infringe SecureTasks Policies and have their account suspended or cancelled all Stored Value will be deemed null and void.

BUSINESS PARTNERS

7.1 SecureTasks may enter into agreements with Business Partners and may seek to engage Consultants in the provision of Business Services. Consultants who agree to perform Business Services for Business Partners acknowledge and agree that SecureTasks and the Business Partner may on-sell Services supplied to third parties for an increased fee.

7.2 Business Partners may require Consultants providing Business Services to be Approved As Verified or hold particular qualifications. SecureTasks may assist Business Partners to locate suitably qualified Consultants. SecureTasks makes no warranty that it will promote any or all suitably qualified Consultants to Business Partners.

7.3 Business Partners may require Consultants to enter into a Business Partner Contract before providing Business Services.

7.4 Where a Consultant accepts a Posted Task with a Business Partner:

(a) the Consultant must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and

(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.

PAYMENT FACILITY

8.1 If Escrow functionality is used SecureTasks uses Stripe Connect to operate its Escrow Account.

8.2 In so far as it is relevant to the provision of the Escrow Account, the terms of Stripe Connect are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.

8.3 If Escrow functionality is used SecureTasks requires all Parties to establish a Stripe Connect Account.

8.4 Stripe Connect may charge users of their facility a fee over and above the fees charged by SecureTasks for the use of our Platform.

8.5 If SecureTasks changes its payment provider or Escrow 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 given alternative means of payment.

THIRD PARTY SERVICES

9.1 SecureTasks may from time to time include Third Party Services on the SecureTasks Platform. These Third Party Services are not provided by SecureTasks.

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 SecureTasks 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 SecureTasks makes no representation or warranty as to the Third Party Services.

VERIFICATION & BADGES

10.1 SecureTasks may use Identity Verification Services. SecureTasks may also use Certification Verification Services.

10.2 SecureTasks 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 honesty or accuracy of any information provided by Users for Identity Verification purposes.

10.3 Except for liability in relation to any Non-excludable Condition, the SecureTasks Identity Verification 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.

10.4 You are solely responsible for your verification and SecureTasks accepts no responsibility for any use that is made of a SecureTasks Verification Service.

10.5 SecureTasks Verification Services may be modified at any time.

10.6 The SecureTasks Platform also includes a User-initiated feedback system to help evaluate Users.

10.7 In the future SecureTasks may make Badges available to Consultants. The available Badge can be requested by the Consultant via the SecureTasks Platform, and arranged on behalf of the Consultant and issued by SecureTasks, for a fee. Obtaining Badges may be subject to the provision of certain information or documentation by the Consultant and determined by SecureTasks or a third party verifier subject to its terms.

10.8 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 Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Consultant prior to commencing the task.

10.9 It remains the Consultant’s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform SecureTasks immediately if a Badge is no longer valid.

10.10 SecureTasks may, at its discretion, issue Badges to Consultants for a fee.

10.11 The issue of a Badge to a Consultant remains in the control of SecureTasks and the display and use of a Badge is licensed to the Consultant for use on the SecureTasks 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 SecureTasks Platform.

10.12 SecureTasks 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 SecureTasks.

INSURANCE

11.1 SecureTasks may offer its Users an opportunity to obtain insurance for certain Task 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 SecureTasks website when they are available. SecureTasks confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services.

11.2 SecureTasks does not represent that any insurance it acquires, or which is offered via the SecureTasks Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance is required.

11.3 SecureTasks may also take out other insurance itself and that insurance may at SecureTasks’ option extend some types of cover to Users. SecureTasks 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 is available on the SecureTasks website and the policy details can be requested via SecureTasks. Users are responsible for familiarising themselves with these details.

11.4 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Consultant, and the insurance taken out by SecureTasks (if any) responds to that claim then this clause applies. If a claim is made against a Consultant, SecureTasks may elect to make a claim under any applicable policy and if the claim is successful, SecureTasks reserves its right to recover any excess or deductible payable in respect of the claim from the Consultant. Where SecureTasks makes a claim and the insurer assesses that the Consultant is responsible, SecureTasks is entitled to rely on that assessment. If You do not pay any excess due under this clause, SecureTasks 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.

11.5 The Consultant acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by a Consultant, and the insurance taken out by SecureTasks (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. SecureTasks may elect to pay an amount to settle the claim. To the extent that the Consultant was or would be liable for the amount of the claim, the amount paid by SecureTasks may be recovered by SecureTasks from the Consultant. SecureTasks may also elect to set this amount off against future moneys owed to the Consultant in Escrow.

FEEDBACK

12.1 You can complain about any comment made on the SecureTasks Platform using the Contact Us form of the SecureTasks Platform.

12.2 SecureTasks is entitled to suspend or terminate Your account at any time if SecureTasks, in its sole and absolute discretion is concerned by any feedback about You, or considers Your feedback rating to be problematic for other SecureTasks Users.

LIMITATION OF LIABILITY

13.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, SecureTasks 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 Consultants.

13.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, SecureTasks 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 SecureTasks Platform.

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

13.4 Except for liability in relation to a breach of any Non-excludable Condition, SecureTasks’s liability to any User of the SecureTasks Service is limited to the total amount of Fees payment made by that User to SecureTasks during the twelve month period prior to any incident causing liability of SecureTasks, or $50, whichever is greater.

13.5 SecureTasks’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.

PRIVACY

14.1 SecureTasks’s Privacy Policy, which is available at https://www.securetasks.com and applies to all Users and forms part of this Agreement. Use of the SecureTasks Platform confirms that You consent to, and authorise, the collection, use and disclosure of Your Personal Information in accordance with SecureTasks’s Privacy Policy.

14.2 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.

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

MODIFICATIONS TO THE AGREEMENT

15.1 SecureTasks may modify this Agreement or the Policies (and update the SecureTasks pages on which they are displayed) from time to time. SecureTasks may send notification of such modifications to Your SecureTasks 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 SecureTasks Platform in any manner, including engaging in any acts in connection with a Task 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 SecureTasks who will terminate Your SecureTasks account, and stop using the SecureTasks Service.

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 SecureTasks, its related entities or affiliates in any way whatsoever. SecureTasks confirms that all Third Party Services that may be promoted on the SecureTasks Platform are provided solely by such Third Party Service providers. To the extent permitted by law, SecureTasks 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.

NOTICES

17.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to SecureTasks’ contact address as displayed on the SecureTasks Platform, or to SecureTasks 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 California.

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.

MEDIATION AND DISPUTE RESOLUTION

18.1 SecureTasks encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that SecureTasks 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 SecureTasks may elect to assist Users resolve disputes. Any User may refer a dispute to SecureTasks. You must co-operate with any investigation undertaken by SecureTasks. SecureTasks reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You may raise your dispute with the other User or SecureTasks’ determination in an applicable court or tribunal.

18.4 Should SecureTasks elect to assist another User in resolving a dispute and that user does not make a genuine attempt to resolve the Dispute in a timely manner SecureTasks reserves the right to charge the Users account for its activity on hourly (or part thereof) basis. The hourly fee will be no less than $200USD.

18.5 SecureTasks has the right to hold any Agreed Fees that are the subject of a dispute in the Escrow Account, until the dispute has been resolved.

18.6 SecureTasks 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 SecureTasks Service please contact us.

18.8 If SecureTasks 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 indemnify SecureTasks against any claims relating to any other use of information not permitted by this Agreement.

TERMINATION

19.1 Either You or SecureTasks may terminate your account and this Agreement at any time for any reason.

19.2 Termination of this Agreement does not affect any Task Contract that has been formed between SecureTasks Users. If You have entered a Task Contract You must comply with the terms of that Task Contract including providing the Services or paying the Agreed Price as applicable.

19.3 Third Party Services are subject to 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 SecureTasks’s consent (in its absolute discretion) create any further accounts with SecureTasks and we may terminate any other accounts You operate.

MALICIOUS ACTORS AND MALICIOUS BEHAVIOUR

20.1 Unauthorised use of vulnerability tools, command line tools and other actions that include but are not limited to the input of SQL injection strings, Cross Site Site Scripting attempts, hijacking or ransom attempts, attempts to query our databases, are defined as Malicious Behaviour. If such activities occur and after such activities it is the responsibility of SecureTasks and its parent company SecurePeople Pte. Ltd. to log these events, investigate these cybersecurity events, if necessary remediate our sites and report to regulatory officials.

20. 2 We term a registered user conducting the Malicious Behaviour as a Malicious Actor. We have in place various technologies and partnerships that allow us to attribute Malicious Actors with Malicious Behaviour.

20.3 In the event of Malicious Activity SecureTasks will suffer Consequential Losses, these losses may be related to but are not limited to our investigation and remediation activity.

20.4 SecureTasks will invoice any Malicious Actor who conducts Malicious Behaviour on the SecureTasks site for the investigation and potential remediation of malicious activities.

20.5 Registration with and use of the SecureTasks website constitutes agreement for payment of this amount and other sums that may be related to the Malicious Behaviour. If you do not agree you must request SecureTasks to cancel your registration.

20.6 Our invoice amount will be no less than and is not limited to $50,000USD. Once invoiced payment to SecureTasks must take place within 7days. Should payment not be received SecureTasks may take action in the courts in a jurisdiction of its choosing.

20.7 SecureTasks and its parent organisation SecurePeople Pte. Ltd. are bound by various regulatory jurisdictions. Some jurisdictions require the reporting of Malicious Actors and Malicious Activity to the relevant authorities for investigation and potential prosecution.

20.8 SecureTasks will at its discretion post on its website a list of those Malicious Actors it has attributed to conducting Malicious Behaviour on or directed at compromising it’s Platform or other SecureTasks users.

GENERAL

21.1 This Agreement is governed by the laws of the Republic of Singapore.

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 SecureTasks 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 SecureTasks with respect to its subject matter.

Revised December 2019, Copyright (c) SecureTasks, LLC 2019 V3.1

APPENDIX A:

MODEL TASK CONTRACT

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:

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.
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.

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 holds 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.

PAYMENT OR CANCELLATION

4.1 If Escrow functionality is used 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, then SecureTasks will 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.

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.

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 SecureTasks and act in accordance with clause 18 of the SecureTasks Agreement.

TERMINATION OF CONTRACT

The Task Contract will terminate when:

(a) the Services are completed, and if the Escrow functionality is being used the Agreed Price is released from the Escrow Account;
(b) a party is terminated or suspended from the SecureTasks Platform, at the election of the other party;
(c) otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by SecureTasks in accordance with the party’s SecureTasks Agreement.

APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.

GOVERNING LAW

The Task Contract is governed by the laws of the Republic of Singapore. The parties submit to the exclusive jurisdiction of SecureTasks selected governing jurisdiction.

Revised July 2019 Copyright (c) SecurePeople Inc. 2019

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 a 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

“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.com

“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 Singapore;
(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