Last updated: January 3, 2024

Terms of Service for Agents (requesting projects)
Terms of Service for Taskers (providing services)

‍Platform Acceptable Use Policy

‍This Policy establishes additional conditions that apply to your use of the Platform. Users must comply with this Policy in their use of the Platform.
“Requestor” is defined as the individual or organization requesting a task.
‍“Tasker” is defined as the individual fulfilling the requested task
“User” is defined as an individual or organization in the general eco system of The On-Call Assistant
“The Platform” refers to any and all online components of The On-Call Assistant

Without limitation, you may not use the Platform, and you may not permit any third party, to:

Abuse, stalk, harass, stalk, threaten, intimidate, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including other Users, Requestors, Taskers and / or employees/contractors/Board of Directors of The On-Call Assistant; or

Upload files or scripts that may or are designed to damage, copy, lockout or take control of the Platform or any User’s computer, such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software; or

Advertise or offer to sell any goods or services for any commercial purpose that are not relevant to the Task services assigned on the platform; or

Post or complete a Task requiring a Tasker to (1) purchase or obtain gift cards or money orders, (2) purchase high value items (over $200)without obtaining pre-authorization from The On-Call Assistant, (3) travel into different countries during the performance of a Task, (4) provide ridesharing or other peer to peer transportation services, or (5) otherwise engage in activity that is illegal or deemed to be dangerous, harmful or otherwise inappropriate by The On-Call Assistant in its sole discretion; or

Conduct or forward surveys, contests, pyramid schemes, or chain letters; or

Impersonate another person or User or allow any other person or entity to use another User’s profile to post or view comments.

Additionally, you may not, and you may not permit any third party to:

Use the Platform or use or perform the Task services in any manner or for any purpose (1) other than as expressly set out in the Agreement(including, but not limited to, any journalistic, academic, investigative or unlawful purpose), (2) that is unauthorized or illegal (including, but not limited to, posting or performing a Task in violation of local, state, provincial, national, or international law), or (3) that is false or misleading(whether directly or by omission or failure to update information);

Post or upload any content to the Platform (1) that is offensive and/or harmful (including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals, or that exploits people in an abusive, violative or sexual manner), or (2) for which you have not obtained the necessary rights and permissions;

Imply or state that any statements you make (whether on or off the The On-Call Assistant Platform) are endorsed by The On-Call Assistant, without the prior written consent from The On-Call Assistant;

Frame or utilize framing techniques to enclose all or any portion of the Platform;

Hack or interfere with the Platform, its servers or any connected networks;

Adapt, alter, license, sublicense or translate the Platform for your own personal or commercial use;

Solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose , not permitted by the Agreement;

Collect usernames, email addresses, or other personal information of Users by electronic or other means;

Attempt to circumvent the payments system, in any way(including, but not limited to, making or processing payments for Tasks outside of the Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner);

Register (1) under different usernames, identities or false identities (including after your account has been suspended or terminated), (2)under multiple usernames or false identities, or (3) using inaccurate information (including using a false or disposable email or phone number);

Use tools with the goal of masking your IP address;

Copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without express prior written consent, and/or if applicable, the consent of the holder of the rights to the User Generated Content;

Use any artificial intelligence technologies to create or generate a Platform account, or to impersonate another person or User.

‍Fees and Payments Terms

‍A. Task Payment and Other Amounts Owed by the Requestor.

All amounts owed and/or to be paid by the Requestor shall be set out in an invoice (“Invoice(s)”), which will include theTask-related fees and any service fees, each as described in more detail below in this Section A. The Requestor automatically authorizes The On-Call Assistant to process payment upon the Requestor’s receipt of confirmation (whether through the Platform or via text or email)that the Task has been completed. You acknowledge and agree that The On-Call Assistant may prevent future booking of Tasks, if any amounts remain outstanding on your account after a Task is complete. Unless otherwise expressly stated in this Agreement, all fees (including, without limitation, the Task Payment and all service fees) are non-refundable.

1. Task-related fees.

The Requestor is responsible for paying the following associated with each Task: the fee for the Task, at the Tasker’s rates and as agreed-upon by the Requestor and the Tasker (the “Task Payment”), any out-of-pocket expenses agreed-upon by the Requestor and the Tasker and submitted by the Tasker in connection with the Task, a tip or gratuity, as applicable, which may be added to the Invoice by, or at the direction of, the Requestor (all of which shall go directly to the Tasker), taxes or similar charges, a credit card processing fee, as applicable, and taxes or similar charges.

2. Fees.

In addition to the amounts owed for the Task as set out above, The On-Call Assistant charges, and the Requestor is responsible for paying, the following fees associated with each Task:

If applicable, the service charge that The On-Call Assistant assesses to the Requestor for access to and information regarding Taskers;
taxes or similar charges, as described below;
and applicable cancellation charges (see below for details).

3. Changes to Fees.

The On-Call Assistant reserves the right to change its fees at any time and will notify Requestors of any fee changes in accordance with the Terms. If you disagree with a The On-Call Assistant fee change, you may cease using the Platform and terminate the Agreement, at any time. Taskers have no authority to, and may not, modify all or any part of The On-Call Assistant fees.

B. Amounts Owed by Taskers.

Taskers will be responsible for (1) paying registration fees, if applicable, (2) paying for insurance, if applicable, (3) paying any licensing fees, if applicable, (4) paying any fees as a notary, if applicable, (5) repaying to The On-Call Assistant for any erroneous payments or other amounts received by the Tasker.

C. Fraud.

Notwithstanding anything herein to the contrary, the Requestor will not be held responsible for transactions that are identified by The On-Call Assistant as potential or confirmed fraud; provided that the Requestor did not contribute to or cause (directly or indirectly, in any part) such fraud. In these instances, a transaction may be declined, frozen or held until investigation is complete.

D. Sales Tax Collection and Remittance.

Users of the Platform may be liable for taxes or similar charges, which are imposed on the Tasks performed and/or fees paid under the Agreement and must be collected and/or paid.

In certain jurisdictions, applicable rules require that we collect and/or report tax and/or revenue information about you to applicable tax authorities. You agree that The On-Call Assistant may issue, on your behalf, receipts or similar documentation to facilitate accurate tax reporting (IRS 1099), and use of your account may be paused until such documentation is provided.

Notwithstanding anything herein to the contrary, however:

Taskers remain fully responsible and liable for, and in charge of, compliance with all tax obligations applicable to the Tasker and the Tasks (including performance thereof), (including, without limitation, filing their tax returns and paying taxes) relating to the Tasks performed by them for the benefit of the Requestor. Taskers should consult with their own tax advisors to ensure compliance with applicable tax and reporting requirements.

The On-Call Assistant is neither responsible nor liable for ensuring Users’ compliance with applicable tax obligations. Without limitation, The On-Call Assistant shall not be held responsible for any breach of a Tasker’s tax obligations, including (without limitation) that The On-Call Assistant shall not be held jointly and severally liable for taxes, interest on overdue taxes, or for any penalties or fines that would be owed by the Tasker. The On-Call Assistant may (i) request the Tasker to confirm and/or demonstrate that they are up to date with their tax obligations (including social contributions, if applicable); and (ii)deactivate a Tasker’s account or limit their use of or remove the Tasker from the Platform upon (1) a determination from the applicable tax authorities that such Tasker has failed to comply with tax obligations, or (2) if the Tasker is unable or unwilling to confirm and/or demonstrate their compliance with their tax obligations, upon request.

E. Cancellation Fees.

Requestors may cancel a Task at any time. However, the Requestor may be billed a cancellation fee if the Requestor:

cancels a Task that is booked and confirmed via the Platform within 24 hours of the scheduled time;

is unavailable or unresponsive at the scheduled start of the Task time (as agreed-upon by the Requestor and the Tasker), so that the Task cannot be completed;

or has rescheduled the Task more than two (2) times.

The Requestor will not be charged a cancellation fee if: the Tasker was more than fifteen (15) minutes late to the scheduled start of the Task time (as agreed-upon by the Requestor and the Tasker) without communicating to the Requestor that there would be a delay in the Tasker’s arrival.

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