By registering for the Service, you agree to be bound by the Terms of Service set out here. DoJobNow reserves the right to update and change the Terms from time to time on 30 days' notice. By continuing to access the Platform after this notice period expires, you agree to be bound by the updated or changed Terms. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Please also read our privacy policy, because it will apply to all the information you provide to us and forms part of the Terms. By accepting the Terms, you also accept our privacy policy. If you do not agree to be bound by the Terms, you must not use any part of the Platform.
"Confidential Information" - includes all information exchanged between you and DoJobNow, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure.
"Charges" means the charges payable by you in connection with the use of the Platform, as displayed on the Platform or otherwise agreed with you from time to time.
"Data" - means any data inputted by you or with your authority into the Platform.
"Intellectual Property Right" - means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, anywhere in the world whether or not registered.
"Platform" - means our website at https://www.dojobnow.com or any other address used by us from time to time.
"Service" - means the tools made available (as may be changed or updated from time to time by DoJobNow) via the Platform that enable users to effectively manage their customers, inquiries, quotes, job schedules, invoicing, and more.
"Terms" - means these Terms of Service.
"DoJobNow" - means DoJobNow Pty Ltd and all current and future global subsidiaries of DoJobNow Pty Ltd. "We", "us" or "our" have a corresponding meaning.
"You" - means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organization that uses the Service with the authorisation of that person or entity. "Your" has a corresponding meaning.
DoJobNow will offer a free trial of the Service on the web platform for the purpose of evaluation. Following your evaluation, you have no obligation to continue to use the Service. We have the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time.
Usage Limitations
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes.
General
Title to, and all Intellectual Property Rights in the Service, the Platform and any documentation relating to the Service or the Platform remain the property of DoJobNow.
Ownership of Data
Title to, and all Intellectual Property Rights in, the Data remain your property. You grant DoJobNow a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Service and for any other purpose related to provision of services to you. If your account is terminated, we will provide an export of your data on request.
Third-party applications and your Data
If you enable third-party applications for use in conjunction with the Service, you acknowledge that we may allow the providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the Service. We will not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party application providers.
Authority
You warrant that where you have registered to use the Service on behalf of another person, you have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms. You will be responsible for all activities that occur on the Platform under your access credentials or your company's account. Please take care in adding additional users and setting access permissions, and tell us straight away if you think there has been a security breach.
No warranties
DoJobNow gives no warranty about the Service. Without limiting the foregoing, we do not warrant that the Service will meet your requirements, that it will be suitable for any particular purpose, or that it will be available on an uninterrupted, secure, or error-free basis. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
Consumer guarantees
You warrant and represent that you are acquiring the right to access and use the Service for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Platform or these Terms.
Viruses and bugs
DoJobNow does not guarantee that the Platform will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or any other means.
DoJobNow has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the Service.
DoJobNow will not be responsible for failure to fulfil any obligation if due to an act of God, strike, lockout or other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosions, governmental or quasi-governmental restraint, intervention, direction or embargo.
In no event will DoJobNow's aggregate liability arising out of or in connection with the Terms and your use of or inability to use the Platform and Service exceed the Charges you have paid to DoJobNow.
DoJobNow is not responsible for any payments processed (or not processed) between your customers and their customers (payers) via third-party payment providers.
DoJobNow has the right to suspend or terminate the Service and refuse any and all current or future use of the Service for any reason at any time.
Free accounts unused for more than 90 days will be regarded as abandoned and may be closed by DoJobNow.
Use of the Service may be cancelled by the you at any time. Any monthly or yearly charges will not be refunded when you cancel. Any usage since the last charge will be prorated for the portion of the uncharged month which the account was active. To cancel the service, please send an email to info@dojobnow.com.
You indemnify DoJobNow against all claims, costs, damage and loss arising from your breach of any of the Terms. You may have to pay DoJobNow for any costs, (including by not limited to) relating to the recovery of any Charges that are due but have not been paid by you.
Clauses 3 to 6 and 12 survive termination.
DoJobNow reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
DoJobNow shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Whilst DoJobNow intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions the Service or Platform may be unavailable to permit maintenance or other development activity to take place, or for reasons outside our control. If for any reason we have to interrupt the Services for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity, typically by email.
DoJobNow offers both monthly and yearly subscription plans, with pricing based on the number of users allowed within each plan tier. The plan tiers are as follows:
The subscription plan determines the maximum number of users who can access and use the DoJobNow service within an organization. For example, if a business owner subscribes to the Premium Plan (2 to 5 users), they can invite up to 4 additional employees to use the service, for a total of 5 users. If the Basic Plan (1 user) is subscribed, only the business owner can use the service, and they cannot invite any additional users.
Monthly subscribers will be charged automatically each month via their nominated card, while yearly subscribers will be charged annually. The charges will be based on the selected subscription plan. Invoices are due and payable within the period noted on the invoice. If a deduction of the charges payable is unsuccessful, we reserve the right to suspend the service until full payment has been made. DoJobNow is not responsible for pricing, typographical, or other errors in any offer, and we reserve the unilateral right to cancel any subscriptions resulting from such errors.
As an Australian business, DoJobNow's pricing for Australian-based customers is in Australian Dollars and inclusive of GST. For customers outside Australia, pricing will be displayed and charged in their local currency. The exact pricing for each plan may vary depending on the country and is exclusive of any applicable taxes, such as VAT or sales tax, which may be payable in the customer's country of residence.
Please note that the pricing and features of each plan are subject to change at DoJobNow's discretion. Any changes to pricing or plan features will be communicated to users in advance.
DoJobNow charges per active plan tier, for monthly billing, pro-rated for the portion of the month for which the plan tier is active, and it is solely up to you to maintain your own plan tier. Refunds will be given at the discretion of DoJobNow. Please notify us in writing to info@dojobnow.com for accidental higher plan tier or if you have any difficulty in adjusting your plan tier.
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Entire agreement
The Terms (including our privacy policy) and the terms of any plan you purchase together constitute the entire agreement between you and us relating to the Service, and supersede and replace any prior agreement, arrangement or understanding relating the Service.
Assignment
We may assign or transfer these Terms, at our sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in our absolute discretion.
Governing law
The Terms will be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria with respect to any claim or matter arising out of or in connection with the Terms or their termination. Unless we agree otherwise, any dispute arising out of or in connection with the Terms will be referred to and finally resolved by arbitration before a sole arbitrator in accordance with the Arbitration Rules of the Australian Centre for International Commercial Arbitration for the time being in force.
Waiver
No failure or delay by DoJobNow to exercise any right or remedy provided under the Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.
Severability
If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions.
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info@dojobnow.com
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