Terms of Use

mobijobs.africa

Last Update: February 2020

Thank you for visiting mobijobs.africa.

The following terms of service (these “Terms of Service”), govern your access to and use of the MobiJobs website, including any content, functionality and services offered on or through www.mobijobs.africa (the “Site”) by SAFCOIN Africa Ltd. a company incorporated under the International Companies Act 2016, Republic of Seychelles, and, with respect to processing services, by its subsidiary: Ferreira House Management PTY Ltd (Kaap De Goede Hoop Avenue, Hartenbos, Western Cape, South Africa) for payments made from South Africa.

SAFCOIN Africa Ltd. and its subsidiaries are collectively referred hereto as “MobiJobs” “we” or “us”.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference.

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 16 years of age or older. If you are under 16 you may not use this Site or the MobiJobs services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Use. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Use, as well as all other texts throughout the Site, is English.

Key Terms

Buyers are users who purchase services on the MobiJobs site.

Sellers are users who offer and perform services through MobiJobs.

Disputes are disagreements or difficulties experienced during an order between a Buyer and Seller on MobiJobs.

MobiJobs Balance is the amount of SAFCOIN contained within the wallet to purchase jobs on MobiJobs and is also the accumulated amount of Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.

MobiJobs Optional Extras are additional services offered at an additional price as specified by the Seller.

MobiJobs Page is where the Seller can describe their MobiJobs service and the MobiJob’s terms of the job.  The Buyer can purchase the MobiJob and in doing so create an order.

MobiJobs and Jobs are services offered on the MobiJobs website.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered MobiJob.

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Job Page.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the MobiJobs platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, and the holding of funds in connection with MobiJobs Balances.

SAFCOIN crypto wallet The integrated means by which MobiJobs payments are processed between Buyer and Seller

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on MobiJobs, subject to these Terms.

 

Overview (Main terms summary)

  • Only registered, verified users may buy and sell on MobiJobs. Registration is free.
  • Buyers pay MobiJobs in advance to create an order (see Purchasing Section below regarding payment terms).
  • Orders are purchased through the Order button found on a Seller’s MobiJob page or through a Custom Offer.
  • For fees and payments options please read the purchasing section.
  • Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
  • Sellers gain account statuses based on their performance and reputation.
  • Users may not offer or accept payments using any method other than placing an order through mobijobs.africa.
  • When purchasing a MobiJob, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their MobiJob page. Note: some MobiJobs charge additional payments (through MobiJobs Optional Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • MobiJobs retains the right to use all published delivered works for MobiJobs marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Use and incorporated herein by reference.
  • Users undertake to comply with MobiJobs’s Community Standards, which are a set of behavior rules and guidelines, applicable to the MobiJobs community and marketplace in addition to these Terms of Use, as updated from time to time.

 

SELLERS

  • Sellers create jobs on MobiJobs to allow Buyers to purchase their services.
  • Sellers may offer additional Custom Optional Offers to Buyers in addition to their listed jobs.
  • Each MobiJob you sell and successfully complete is free, therefore MobiJobs do not deduct any fees from the total completed job price.
  • The cost of the job is accredited to the seller account once the job is complete and its status updated as COMPLETE via the workdesk of the buyer.  In instances where sellers do not update the status in an acceptable time period of three days, a dispute can be logged by contacting the support team.
  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s MobiJobs Wallet Balance, only AFTER the MobiJobs support team have investigated that no work has been performed and in doing so protect the safety of both the buyer and seller alike.
  • Revenues are only made available once an order is marked as complete.
  • Sellers revenues are automatically paid into their SAFCOIN mobile wallet upon completion of the job.  The seller can choose to keep their SAFCOIN or echange it using the SAFCOIN exchange platform.  For more information visit the SAFCOIN fees and payment options page here.
  • The Seller’s rating is calculated based on the order reviews posted by Buyers. In rare cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • For security reasons, MobiJobs may temporarily disable a Seller’s ability to withdraw their funds to prevent fraudulent or illicit activity. This may come as a rsult of security issues, improper behavior reported by Buyers, or associating multiple MobiJobs accounts to a single withdrawal provider.
  • Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the MobiJobs page is inclusive of all such taxes and charges that may apply to the Sellers.
  • MobiJobs appointed as payment collection agent: Seller hereby appoints MobiJobs as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments via its SAFCOIN wallet payment feature from Buyer, and remitting those payments to Seller upon successful job completion into Seller SAFCOIN mobile wallet.
  • Seller agrees that payment from Buyer to MobiJobs shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by MobiJobs’ SAFCOIN mobile walletv and is responsible for remitting the funds to the Seller in the manner described in these Terms of Use. In the event that MobiJobs does not remit any such amounts to Seller, the Seller will have recourse only against MobiJobs and not the Buyer directly. Seller agrees that MobiJobs may describe or otherwise reflect the terms contained herein in any Terms of Use, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that MobiJobs may deem necessary or prudent.
  • MobiJobs is integrated with the SAFCOIN crypto payment wallet for the purpose of collecting payments from buyers, transferring such payments from Buyers to Sellers and holding funds in connection with uncompleted or in progress MobiJobs balances.
  • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

 

MobiJobs Job Listings
  • Sellers are allowed to post a select amount of active MobiJobs based on their membership status.
  • Members can choose from free or paid listings memberships or choose to feature any amount of job listings as part of our paid service.
  • Listing up to 5 active MobiJobs: Free Package FREE
  • Listing up to 10 active MobiJobs: Silver Package SAF1
  • Listing up to 15 active MobiJobs: Gold Package SAF2
  • Listing up to 20 active MobiJobs: Platinum Package SAF3
  • All packages are valid for 365 days after purchase.
  • MobiJobs reserve the right to update the fees and number of membership job listings (posts) at any time.
  • Already purchased packages will remain the same for the validity period of 365 days (1 year) from purchase should pricing of – or listing amount be adjusted.

 

Featured listings

MobiJobs sellers can choose to feature their listings at an additional charge.  By purchasing a featured listing, the job listing will be displayed on the featured listing section on the homepage for a duration of 30 days.

Although viewing exposure can increase based on purchasing featured listings, MobiJobs do not guarantee that the listing will be purchased or viewed.

MobiJobs created on the MobiJobs website are User Generated Content.

MobiJobs and/or users may be removed by MobiJobs from the Site for violations of these Terms of Use and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s Terms of Use reported through our Intellectual Property Claims Policy found here
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of MobiJobs
  • Spam, nonsense, or violent or deceptive MobiJobs
  • MobiJobs misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Services that extend beyond 30 days of service duration
  • Exceedingly low quality MobiJobs
  • Promoting MobiJobs and/or MobiJobs’ jobs through activities that are prohibited by any laws, regulations, and/or third parties’ Terms of Use, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • MobiJobs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
  • MobiJobs that are removed for violations are not eligible to be restored or edited.
  • MobiJobs may be removed from our Search feature due to poor performance and/or user misconduct.
  • MobiJobs may include pre-approved website URLs contained within the MobiJob description and requirements box. MobiJobs containing websites promoting content, which violates MobiJobs’s Terms of Use and/or our Community Standards, will be removed.
  • MobiJobs are required to have an appropriate MobiJob image related to the service offered. An option to upload up to 20MB of MobiJob images ir video are available to all Sellers. Sellers must deliver the same quality of service as shown on their MobiJob images or video. Images or video that don’t match the quality shown on the MobiJob images or video may lead to the Seller’s account losing Seller status or becoming permanently disabled.
  • Statements on the MobiJob Page that undermine or circumvent these Terms of Use is prohibited.
  • Eligible MobiJobs in select Categories may set up MobiJob Packages to offer their services in structured formats with multiple price points for the selected MobiJob.

 

MobiJobs Optional Extras
  • MobiJobs Optional Extras are additional services offered on top of the Seller’s MobiJob for an additional price defined by the Seller.
  • MobiJobs Optional Extras may be removed for violations of our Terms of Use and/or our Community Standards. For specific terms, please see the MobiJobs section above for a list of services that violate our Terms of Use. MobiJobs are subject to be removed due to violations found in MobiJobs Optional Extras.
  • Services offered through the MobiJobs Optional Extras feature must be related to the base service and part of the specifications of the Order.
  • MobiJobs Optional Extras may cover different categories of services that are components to a higher quality delivered service.
  • Sellers have the option to extend the duration of an Order for each MobiJobs Optional Extra that is added to the Order. This is to cover the time needed to complete the extra service.

 

Withdrawing Funds

Crypto payments for MobiJobs are automated between MobiJobs’ buyers and sellers using the SAFCOIN crypto wallet.  A seller’s funds are only made available once the job is completed, and the buyer has updated the status of the job from “in progress” to “COMPLETE” via their workdesk.

The seller can sell their earned SAFCOINS by logging into their SAFCOIN crypto wallet here and choose to sell their SAFCOINS on the SAFCOIN exchange for their preferred value of choice.  Once sold, the funds can be withdrawn using SAFCOIN MobiJobs’ third party payment service providers.

The seller or buyer can choose to sell their SAFCOIN at any time or alternatively store it within their wallet for purchasing other services or goods whenever they prefer.

The MobiJobs platform is free to use for up to 5 MobiJob listings – should more listings be needed these can be purchased additionally.  MobiJobs do not charge any commission on completed MobiJobs. 

 

BUYERS

  • You may not offer direct payments to Sellers using payment systems outside of the MobiJobs platform.
  • MobiJobs retains the right to use all publicly published delivered works for MobiJobs marketing and promotional purposes to promote the MobiJobs platform.
  • Purchasing
  • Buyers pay MobiJobs to create an order from a Seller’s Job page, using the Buy Now button.  MobiJobs makes use of the SAFCOIN crypto-wallet for processing of transactions between buyer and seller on MobiJobs.
  • The MobiJobs site collects payments from the Buyer’s SAFCOIN wallet, transferring such payments from Buyers to Sellers, and holding funds pending jobs in connection with MobiJobs Balances. All payments services in connection with the collection of funds on the MobiJobs platform are performed using the SAFCOIN crypto-wallet.
  • MobiJobs serves as Seller’s authorized payment collection agent for the purpose of accepting payments via the integrated SAFCOIN wallet from Buyer, and remitting those payments to Seller upon the completion of a job. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by MobiJobs and MobiJobs is responsible for remitting the funds to the Seller in the manner described in these Terms of Use. In the event that MobiJobs (via SAFCOIN crypto wallet) does not remit any such amounts to Seller, the Seller will have recourse only against MobiJobs and not the Buyer directly.
  • For more information on Safcoin crypto wallet topup and withdrawal methods, visit the SAFCOIN fees page here
  • You may not offer Sellers to pay, or make payment using any method other than through the mobijobs.africa site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either MobiJobs or MobiJobs’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. MobiJobs is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
  • By using any payment method and/or providing payment details for making purchases on MobiJobs, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on MobiJobs; and (d) such actions do not violate any applicable law.

 

Local Currencies
  • All transactions on the site are paid in SAFCOIN.  Buyers and Sellers who purchase featured listings or membership pay on MobiJobs using the SAFCOIN mobile integrated crypto-wallet. The wallet balance can be topped up in various African currencies, using the SAFCOIN platform’s third party payment processing services. Unless stated otherwise, you will be charged in the currency displayed on the payment page when topping up your wallet on the SAFCOIN website. MobiJobs only process transactions between buyer in seller using the SAF crypto-currency.
  • Buyers should note that all prices on MobiJobs are derived always from their original SAF price and, therefore, rates may fluctuate and may also include third party deposit or withdrawal fees. Please visit the SAFCOIN wallet fees page for the fee breakdown here.
  • Your MobiJobs Balance and all jobs are always valued in SAF.

 

Taxes

It is your responsibility to declare any income earned to the Tax Revenue Service of your country.

 

ORDERS

  • Once payment is confirmed, your order will be created and given a unique MobiJobs order number.
  • Sellers must deliver completed files and/or proof of work using the Workdesk button (located at the top of the page) according to the service that was purchased and advertised on their Job – files can be uploaded via the message button.
  • An Order is marked as Complete (finished) after the Buyer updates their order status to COMPLETE via their workdesk. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
  • We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact MobiJobs’s Customer Support department for assistance here.

 

Handling Orders
  • When a Buyer orders a MobiJob, the Seller is notified by email as well as notifications on the site while logged into the account.
  • Sellers are required to meet the delivery time they specified when creating their MobiJob. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s rating.
  • Sellers must send completed files and/or proof of work using the message SEND button (located on the workdesk page) to mark the Order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. MobiJobs will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

 

Reviews
  • Feedback reviews provided by Buyers while completing an Order are an essential part of MobiJobs’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their quality of service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
  • Leaving buyer feedback is a basic requirement of a Buyer. Negative reviews will not be removed unless there are clear violations of our Terms of Use and/or our Community Standards.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the MobiJobs platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the MobiJobs platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by Buyers are publicly displayed on a Seller’s MobiJob page.
  • Withholding the delivery of services, files, or information required to complete the MobiJob’s service with the intent to gain favorable reviews or additional services is prohibited.
  • Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
  • Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
  • Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
  • Disputes and Cancellations
  • We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact MobiJobs’s Customer Support department for assistance here.
  • Order cancellations can be performed on MobiJobs, when eligible, by Customer Support.
  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Use. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  • In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
  • MobiJobs, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
  • All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s MobiJobs Wallet Balance.
  • Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

 

Order Cancellations
  • MobiJobs encourages Buyers and Sellers to resolve service disputes mutually.
  • Eligibility for requests to MobiJobs to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Use and/or our Community Standards, general misconduct, and improper usage of the MobiJobs delivery system. See below for Order specific eligibility.
  • Completed orders may be cancelled, upon review of our Customer Support team, up to 14 days after the order is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
  • In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s MobiJobs Balance and will be deducted from the Seller’s wallet or, if there are no sufficient amounts in the Seller’s wallets, from future revenues of such Seller.
  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the MobiJob Page. Buyers may rate their experience with the Seller on the Order Page, including the overall level of service quality received.
  • Buyers must use MobiJobs Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of MobiJobs.
  • Any non-permitted usage of MobiJobs encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of MobiJobs’s Terms of Use.
  • MobiJobs Customer Support will cancel orders based on, but not limited to, the following reasons:
  • Active Orders (after the Buyer submits their requirements and before the Seller delivers on MobiJobs)
  • The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
  • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
  • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
  • The user is no longer an active MobiJobs user due to Terms of Use violations or closure of their account.
  • Delivered Orders (after the Seller clicks SEND and before the order is marked as complete)
  • The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
  • The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
  • The Seller requests additional payments, on or off the MobiJobs platform, by withholding the final delivery of services directly related to the agreed requirements.
  • The Seller is withholding the final delivery of services for improved ratings.
  • Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
  • Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
  • Completed Orders (after the order is marked as complete and before the 14 day limitation)
  • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
  • Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.

 

 

Refunds
  • MobiJobs does not automatically refund payments made for cancelled orders back to the buyer’s wallet. Funds from order cancellations are returned to the Buyer’s SAFCOIN Wallet Balance once the team have successfully investigated and established that the grounds for refund are met.

 

Mobile Wallet

The SAFCOIN crypto wallet serves as the sole method of transacting between buyer and seller on the MobiJobs site.  When a user registers on MobiJobs their SAFCOIN wallet is automatically created and linked with their MobiJobs user account.  The user can top-up their wallet, or withdraw their funds by visiting www.safcoin.africa and select any of the third part payment providers.

 

User Conduct and Protection

MobiJobs enables people from Africa to create, share, sell and buy nearly any service they need, globally and online  at unsurpassable value- of which jobs payments are powered by its subsidiary wallet service provider: SAFCOIN. Services offered on MobiJobs reflect the diversity of Africa’s expanding online, freelance economy. Members of the MobiJobs community communicate and engage through orders, social media, integrated message system, and on MobiJobs’s Community Forums.

MobiJobs maintains a friendly, community spirited, and professional environment. Users should strive for excellence while participating in any activity or extensions of MobiJobs. This section relates to the expected conduct users should adhere to while interacting with one another on MobiJobs.

To report a violation of our Terms of Use and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here

 

Basics

  • To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of MobiJobs in order to circumvent or abuse the MobiJobs messaging system or MobiJobs platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
  • MobiJobs does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
  • MobiJobs does not provide protection for users who interact outside of the MobiJobs platform.
  • All information and file exchanges must be performed exclusively on MobiJobs’s platform.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • MobiJobs is open to all African sellers and for buyers, globally. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
  • Users may not submit proposals or solicit parties introduced through MobiJobs to contract, engage with, or pay outside of MobiJobs.

 

Orders

  • Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
  • MobiJobs reviews cases of payment provider refunds and disputes on behalf of Sellers. Although results vary per case due to each refund reason, we work hard on resolving disputes in the Seller’s favor. If the refund case allows, MobiJobs will return parts or full revenue back to the Sellers’ wallet, otherwise the refund amount will be borne by the Seller.

 

Jobs

  • Users may report Jobs to Customer Support that may be in violation of MobiJobs’s Terms of Use based on the reported Job’s replicated similarity to pre-existing services (copycat Jobs).
  • Sellers warrant that any content included in their Jobs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Jobs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Jobs.
  • MobiJobs will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

 

Reporting Violations

If you come across any content that may violate our Terms of Use and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Use. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

 

Violations

Users may receive a warning to their account for violations of our Terms of Use and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

 

Non-Permitted Usage

Adult Services & Pornography – MobiJobs does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on MobiJobs should be friendly, constructive, and professional. MobiJobs condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Jobs or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of MobiJobs will not be protected by our Terms of Use.

Authentic MobiJobs Profile – You may not create a false identity on MobiJobs, misrepresent your identity, create a MobiJobs profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. MobiJobs reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – MobiJobs will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s Terms of Use. Our Intellectual Property claims procedures can be reviewed here. Fraud / Unlawful Use – You may not use MobiJobs for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the MobiJobs community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of MobiJobs’s Terms of Use and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on MobiJobs. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell MobiJobs accounts.

 

Feedback Rights

To the extent that you provide MobiJobs with any comments, suggestions or other feedback regarding the MobiJobs platform or the Site as a whole, as well as other MobiJobs products or services (collective, the “Feedback”), you will be deemed to have granted MobiJobs an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. MobiJobs is under no obligation to implement any Feedback it may receive from users.

 

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to MobiJobs by our users (Buyers and Sellers) is User Generated Content. MobiJobs does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, MobiJobs is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Jobs, their delivery, or any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on MobiJobs.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Use. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

Ownership

Ownership and limitations: When purchasing a Job on MobiJobs, unless clearly stated otherwise on the Seller’s Job page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Job and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Jobs (including for custom created work) charge additional payments for a Commercial Use License. This means that if you purchase the Job for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Job’s add-on extra payment option and will have broader rights that cover your business use.

For Voice Over Jobs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) via the seller’s add-on extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through the Job Add-On Extra. For further information on the type of buy-outs, please read below.

Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to MobiJobs, including Jobs texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by MobiJobs for no consideration for marketing and/or other purposes.

 

Voice Over Commercial Buy-Out

When purchasing a Voice Over Job, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).

By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.

By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to MobiJobs’s Terms of Use. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor MobiJobs will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

 

MobiJobs Commercial Use License

By purchasing a “Commercial Use License” with your Job Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to MobiJobs’s Terms of Use. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor MobiJobs will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

 

 

Limitation on Liability

IN NO EVENT WILL MOBIJOBS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, MOBIJOBS AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.