Terms and Conditions

Last Updated: 3 June, 2017

THESE TERMS AND CONDITIONS ARE A BINDING CONTRACT BETWEEN YOU AND HIRE CREATIVE INDUSTRY LTD TRADING AS JOBOUNDU. BY PROCEEDING TO USE THE WEBSITE <HTTPS://WWW.JOBOUNDU.COM> YOU ARE AGREEING TO BE

LEGALLY BOUND BY THEIR TERMS, SO PLEASE TAKE TIME TO READ THEM CAREFULLY AND IN FULL BEFORE ACCEPTING THEM AND USING THE WEBSITE.

1. Introduction

2. Acceptance of Agreement

3. Eligibility

3. Definitions

4. Overview of the main terms

5. Copyright Notice

6. Licence to use Site

7. Intellectual Property and Acceptable Use

8. Buyer’s brand

9. Seller’s profiles

10. Use on behalf of an organisation

11. Content

12. Report unlawful content

13. Enforcement of copyright

14. Permissions

15. Representations

16. Data Protection

17. Changes

18. Buyers

19. Buyer’s Obligations and Acknowledgments

20. Sellers

21. The Marketplace Service

25. Accessibility of the Site

26. Our Role

27. Marketplace Fees

28. User Materials

29. Prohibition on uploading objectionable content

30. Restriction on use of Service

31. External Sites

32. Feedbacks

33. Disputes between Users

34. Limitation of Liability and Disclaimer of Warranties

35. Indemnification

36.  Consent to Electronic Communication

37. Miscellaneous

38. Waiver

39. Severability

40. Warranty

41. Breach

42. Liability

43. Prevailing Language and Location

44. General Terms

45. Governing Law

46. Contact us

1. Introduction

Welcome to Joboundu.com. Joboundu.com is a marketplace platform for services performed by its users including actors, models, voiceovers, photographers, extras, walk-ons, supporting and background artistes. Subject to Joboundu review and validation of the Buyer’s and the Seller’s registration data and their acceptance of this Contract, https://www.joboundu.com marketplace allows Buyers including producers, advertising agencies, businesses, professionals, clients to search for and book Sellers for specific paid engagements including engagements in the industries of Film and TV, Commercials, Photographic, Audio, Music.

2. Acceptance of Agreement

The following terms and conditions (referred to as the "Contract"), govern your access to and use of the Joboundu Site, including any content, functionality and services, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates, provided and made available on and through the Site located at https://www.joboundu.com (referred to as the "Site", “Service” and “Services”), by Hire Creative Industry Ltd whose trading name is Joboundu (referred to in this contract as “Joboundu”, “the Company”, “we”, “us”, or “our”), a company registered in England and Wales under number 09723188, registered office Collective Temperance Hospital, 110 Hampstead Road, NW1 2LS, London, as applicable.

These Terms must be read in conjunction with the Website Terms of Use, our Privacy Policy and Cookies Policy; (collectively, with this Terms and Conditions Contract, the “Terms of Service”) which you can find at the following links:

  1. Website Terms of Use;
  2. Privacy Policy;
  3. Cookie Policy;

Please read carefully, agree to, and accept all of the terms and conditions contained in this Contract before you start to use the Site as it is legally binding to you. By accessing, browsing, using the Site, opening an account and by clicking to  agree to the Terms and Conditions, Website Terms of Use and our Privacy Policy, when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions (together with the other documents referred to on them). If you do not want to agree to this Contract you must not access, browse or use the Site.

If you have any questions relating to this Contract please contact info@joboundu.com.

3. Eligibility

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Joboundu 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. If you are using the Service on behalf of a company, entity, or organization (collectively “Organisation”), then you represent and warrant that you (a) are an authorized representative of that Organisation; (b) have the authority to bind that Organisation to this Contract; and (c) agree to be bound by this Contract on behalf of that Organisation.

3. Definitions

In these Terms and Conditions, the terms below have the following meanings:

‘Company’, ‘Joboundu’, ‘We’, ‘Us’, or ‘Our’: means Hire Creative Industry Ltd trading as Joboundu which operated the Site https://www.joboundu.com;

‘You’: means the user of our Site and Services;

‘User’, ‘Users’: means Buyers and Sellers collectively;

‘Services’ and ‘Service’: means all the services available at https://www.joboundu.com;

‘Seller Services’: means the services advertised, offered and performed by the Sellers in order to get booked by the Buyers for specific Engagements.

‘Site’ and/or ‘Platform’: means the website located at https://www.joboundu.com;

‘Including’: means including but not limited to

‘Sellers’: means are users of legal age (18 years old and older) that are registered to https://www.joboundu.com who offer and perform services through engagement bookings requested by the Buyers through Joboundu; Sellers include (but are not limited to) actors, models, voice overs, photographers, extras, supporting artistes, walk-ons;

‘Buyers’: means are registered users of legal age (18 years old and older) who book  sellers for Engagements performed by the sellers through Joboundu; Buyers include (but are not limited to) producers, advertising agencies, professionals, businesses.

‘Confidential Information’: means means Buyer information or materials, Seller information or materials, Work Product, and any other information provided to, or created by, a User for a Service Contract or to perform or assist in performing Seller Services, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form.  Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Seller or Buyer; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

‘Intellectual Property Rights’: means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

‘Booking System’: means the feature on https://www.joboundu.com through which registered buyers are able to book a seller of legal age (18 years old or over) for an Engagement;

Payment Method’: means a valid credit card issued by a bank acceptable to Joboundu, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Joboundu may accept from time to time in our sole discretion.

User Content’: means any data, feedback, content, text, photographs, images, video, music, or other information that you post to any part of the Site or provide to Joboundu.

‘Total Booking Fee’: means Total amount and such other sums (e.g expenses) which are from time to time agreed to be paid to a Seller by the Buyers through PayPal or credit card or debit card  on https://www.joboundu.com for booking a seller through the Booking System;

‘Booking Proposal’: means the act of requesting a booking for an engagement sent by the buyers to the sellers.

‘Booking Date’: means date of the engagement requested and booked by the buyer to the seller through the booking system and that has been agreed between both of them;

‘Agreed Fee’: means fee agreed between the buyer and the seller for the engagement requested by the buyer to the seller through the Booking System.

‘Joboundu Profile’: means the feature on the Site, where the seller can describe their profile including photos, video reel, audio reel, physical characteristics, experience, measurements and PayPal details, and the buyer create a booking request and book the seller.

‘Engagement’: means the content of a booking proposal sent by the buyer and confirmed by the seller that will perform the Engagement on the agreed booking date.  An engagement for Seller Services that a Seller provides to a Buyer under a Service Contract on the Site.

‘Service Contract/s’: means, as applicable, (a) the contractual provisions between a Buyer and a Seller governing the Seller Services to be performed by a Seller for Buyer for an Engagement;

‘Custom Offers’: means the custom fee proposals that a buyer can send to a seller.

‘Booking’ and ‘Bookings’: means the formal agreements between a buyer and seller after a purchase was made from the seller’s Joboundu profile page and the seller gets booked for an engagement.

‘Engagement’: means hire, job, work and or assignment whether under a service or a contract for services, and/or whether on a permanent, temporary or other basis, of a seller by or on behalf of the buyer.

‘Booking Messaging Page’: is where buyers and sellers communicate with each other in connection with a booking request.

‘Disputes’: means disagreements experienced between a buyer and seller on Joboundu, after a booking proposal has been confirmed.

‘Revenue’: means the money sellers earn from completed bookings.

‘Call Time’: means the exact time sellers must be on a given location for work.

‘Overtime’: means time worked in addition to confirmed and booked working hours for which Sellers are paid an enhanced fee.

‘Enhanced Fee’: means further payment on top of the Total Booking Fee previously agreed including overtime, hair cut, upgraded role of the Seller during the engagement, further usage fees.

‘Recommended Industry Rates of Pay’: means minimum levels of pay and engagement fees across the entertainment industry negotiated with employers by industry associations through union agreements including Equity (Union that represents Supporting Artistes), FAA (Film Artistes Association. Part of BECTU) and more.

‘National Minimum Wage’: means the minimum pay per hour almost all workers are entitled to.

‘Joboundu Standard Rates’: the platform recommended rates for engagements.

‘Broken Lunch’: under the FAA agreement, is an additional payment if the sellers are not given a meal break within a set time.

‘Buyout’, ‘Use Fees’ or ‘Repeat Fees’: on certain engagements sellers may be offered a buyout of rights for the future use of their image, print ad or TV commercial that the seller has appeared or will appear in across different channels, for a certain period and in a certain country. Once a buyout has been paid, the seller can then use the seller’s images wherever and however he/she  wants for a specific period of time.

‘Confirmed Booking’: a booking proposal that has been sent by the Buyer to the seller that has been accepted by the Seller and confirmed by the Buyer.  

‘Milestone Payment’: 13% of the total booking fee of an engagement that the buyer pays when a booking proposal has been confirmed and accepted.

4. Overview of the main terms

  1. Only registered users may buy and sell on Joboundu. Registration is free.
  2. Sellers on Joboundu can be booked according to the Industry Recommended Rates of Pay (including BBC/Equity, ITV/Equity, PACT/Equity or FAA/PACT), according to Buyer’s Custom Offers and/or according to Joboundu recommended Standard Rates.
  3. Buyers pay Joboundu the 13% of the Total Booking Fee in advance to be able to confirm a Booking Proposal with the Sellers.
  4. We deduct a 13% commission from all fees you receive for bookings you receive through our SIte and Services (referred to as “our commission”).
  5. Booking Proposals are sent through the ‘Book’ button found on the Seller’s profile page or through a Custom Offer.
  6. Sellers must carry out their Engagement, and may not cancel bookings on a regular basis or without cause. Cancelling bookings and/or failing to turn up for any booking without good reason will affect Seller’s reputation and status and we may remove you from our Site.
  7. Users may not offer or accept payments using any method other than placing a booking through https://www.joboundu.com.
  8. Joboundu retains the right to use all published works for Joboundu marketing and promotion purposes.
  9. We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of this Contract and incorporated herein by reference.

5. Copyright Notice

Unless indicated otherwise, this Site, its content, organization, graphics, design, compilation, magnetic translation, digital conversion, all text, photographic images and other graphics, video, audio, design elements, information, links, code, scripts, programming, software, interactive features, and other material and files used on or incorporated into this Site are protected by copyright, trademark, or other proprietary rights as the exclusive intellectual property of the Company.

6. Licence to use Site

The copying, redistribution, use or publication by you of any part of the Site, is strictly prohibited. Except as expressly provided in this Contract, or permitted by the Copyright Act or other applicable law, you agree not to copy, download, modify, use, display, publish, transmit, sell, license, reproduce, or distribute, in whole or in part, directly or indirectly, any of the Content of this Site without the prior written consent of the Company in each instance. If permission is granted by the Company to allow third-party use of the Content available through the Site, you further agree to comply with, and keep intact, any copyright notices, trademarks, logos, author attributions, legends, or restrictions contained there. You do not acquire ownership rights to any content viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site.          

You may:

  1. view pages from our Site in a web browser;
  2. download pages from our Site for caching in a web browser;
  3. print pages from our Site;
  4. stream audio and video files from our Site; and
  5. use our Site services by means of a web browser,

        subject to the other provisions of this notice.

Except as expressly permitted by the other provisions of this notice, you must not download any material from our Site or save any such material to your computer.

You may only use our Site for your own personal and non-commercial use, and you must not use our Site for any other purposes.

Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our Site.

Unless you own or control the relevant rights in the material, you must not:

  1. republish material from our Site (including republication on another Site);
  2. sell, rent or sub-license material from our Site;
  3. show any material from our Site in public;
  4. exploit material from our Site for a commercial purpose; or
  5. redistribute material from our Site, save to the extent expressly permitted by this notice.

7. Intellectual Property and Acceptable Use

All Content included on the Site, unless uploaded by Users, is the exclusive property of Joboundu, our affiliates or other relevant third parties. In this Contract, ‘Content’ means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Site, including any such content uploaded by Users.

By continuing to use the Site you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission. We grant you a non-exclusive and revocable licence to view and use such content for the purpose of enjoying the benefit of the Services. You may not copy, modify, distribute or commercially exploit any content (other than content provided by you) in any form or in any media.

You acknowledge that you are responsible for any Content you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such Content.

You may not upload to, distribute or otherwise publish through the Site any Content that (a) is  confidential, proprietary, false,fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (b) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (c) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

7.1 License

The Service is licensed, not sold, to you for use only under the provisions of this Contract. Joboundu reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the provisions and conditions of this Contract, Joboundu hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for the purpose of searching for Sellers and booking Engagements.

7.2 Marks

The trademarks, service marks, and logos of Joboundu (the “Joboundu Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of Joboundu. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks” and, collectively with the Joboundu Trademarks, the “Trademarks”). Nothing on the Service or in this Contract should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Joboundu’s prior express written consent for each individual use. You may not use the Trademarks to disparage Joboundu or the applicable third-party, Joboundu’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Joboundu’s prior express written consent. All goodwill generated from the use of any Joboundu’s Trademark will inure solely to Joboundu’s benefit.

7.3 Restrictions 

You may not sell, transfer, assign, license, sublicense, or modify the Joboundu Content, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Joboundu Content in any way for any public or commercial purpose. The use or posting of any of the Joboundu Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this Contract, then your right to access and/or use the Joboundu Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Joboundu Content.

8. Buyer’s brand

The Buyer agrees that Joboundu may use the Buyer’s name and brand as a customer reference and may publicly disclose and advertise the fact that the Buyer is using Joboundu.

9. Seller’s profiles

The Seller agrees that Joboundu may use the Seller’s profile as a customer reference and may publicly disclose and advertise the fact that the Seller is using Joboundu.

10. Use on behalf of an organisation

If you are using the Service on behalf of a company, entity, or organization (collectively “Organisation”), then you represent and warrant that you (a) are an authorized representative of that Organisation; (b) have the authority to bind that Organisation to this Contract; and (c) agree to be bound by this Contract on behalf of that Organisation.

11. Content

You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of this Contract and will not cause injury to any person; and that you will indemnify the Company for all claims resulting from Content you supply.

You must not:

  1. use our Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site;
  2. use our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent.

12. Report unlawful content

If you learn of any unlawful material or activity on our Site, or any material or activity that breaches this notice, please let us know.

You can let us know about any such material or activity by email, writing at info@joboundu.com.

13. Enforcement of copyright

We take the protection of our copyright very seriously. If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

14. Permissions

You may request permission to use the copyrighted materials on our Site by writing to us by email at info@joboundu.com.

15. Representations

You hereby confirm that in using Joboundu you are acting solely for purposes relating to your personal trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. Sellers are contractors acting for purposes relating to their personal trade, business, craft or profession; not necessarily they are registered as VAT payer in their fiscal domicile. In case Sellers are VAT payers with a valid VAT number under this Contract they are obliged to disclose such number to Joboundu.

Sellers are anyway responsible for paying their own taxes and national insurance contributions as Buyer’s direct contractors and shall comply with tax rules of their own jurisdiction. Joboundu advises you to consult a professional in tax matter in case you do not have enough knowledge on how to comply to your fiscal domicile tax rules.

16. Data Protection

Your access to and use of the Service is also subject to Joboundu’s Privacy Policy Details on Joboundu's treatment of personal data are set forth in the Privacy Policy of Joboundu incorporate here by reference.

Under the Data Protection Act 1998, we are the data controller of all your details we hold. We will use your details only for purposes related to this Contract, or as agreed by you or permitted by law, including contacting you about other services related to your bookings. We will use appropriate measures to keep your details safe and secure.

17. Changes

You understand and agree that we we reserve the right, at our sole discretion, to modify or replace this Contract at any time. If a revision is material we will try to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion and without notice to yourself.

We reserve the right to withdraw or change our advertised features or Services without notice and without no liability to us. We reserve without limitation the right to edit, delete or change any Content or information on the Site.

You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. You may read the current, effective version of this Contract at any time by selecting the appropriate link on the Service.

The revised Contract will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. By continuing to use our Site or Services after those revisions come into force, you agree to be bound by the revised Contract. If you do not agree to the new Contract, please stop using the Site and all our Services.

The provisions of this Contract will govern any updates Joboundu provides to you that replace and/or supplement any portion of the Service, unless that upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern. Notwithstanding the preceding sentences of this Section 17, no revisions to this Terms will apply to any dispute between you and Joboundu that arose prior to the effective date of such revision.

18. Buyers

18.1 Use of Joboundu

  1. Joboundu offers Buyers a platform for booking Sellers who have posted their profiles on Joboundu and provides Buyers with access to that pursuant to this Contract.
  2. The Buyers may start using the services of Joboundu if and when Joboundu  has confirmed their right to do so. The right to use Joboundu may be obtained by invitation or upon specific request.
  3. The Buyer acknowledges and agrees that it is technically impossible to achieve 100% availability of  Joboundu.  Events related to maintenance, security or capacity requirements, and/or events beyond  Joboundu's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on  Joboundu.
  4. Joboundu  provides Buyers with a platform where they can establish contacts with Sellers provided that such users have agreed to be contacted and set their account accordingly.
  5. Buyers may browse profiles of Sellers through the Service. Buyers may also use the system of filters to find the best Seller for their Engagement. If a Buyer wants to book the Seller, then the Buyer may do so following the booking process offered by the Service and if the Seller agrees to perform the Engagement, Buyers will pay the Seller through the Service.
  6. The Seller may accept or decline the booking. If he/she accepts he is booked for Engagements through the Service once requested by a Buyer for the Agreed Fee, VAT Included, if applicable, plus eventual costs for travel and other expenses as agreed by reference to the Industry Recommended Rates of Pay, Joboundu recommended Standard Rates or by reference to the Buyer’s Custom Offer. The Seller will be paid for an Engagement through the Service upon completion of the Engagement within 3 days from the day the Buyer pays the remaining amount of the Total Booking Fee to Joboundu Payment Processor.
  7. The Site is accessible via a desktop access and login. The Site is also accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of Joboundu Platform via Mobile Services. In addition, using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Platform Services must be strictly in accordance with this Terms.
  8. The Service is licensed, not sold, to you for use only under the terms of this Contract and Conditions. Joboundu reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this Contract and conditions, Joboundu hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for the purpose of searching for Sellers and booking the Sellers for Engagements.

18.2 Our Role

  1. Joboundu is not a contractor for the services agreed between Joboundu Users. Only Users are responsible for the performance and/or fulfilment of agreements they entered with one another; Joboundu  does not take part in any communication between Buyers and Sellers. If Buyers and Sellers enter into agreements with one another via Joboundu, Joboundu is not a contracting party to these agreements. Only the Buyers and the Sellers are responsible for the execution and/or fulfillment of agreements in which they enter with one another, and  Joboundu must not be liable for breaches of such agreements.  Joboundu must not be held liable if Buyers and Sellers are unable to contact one another over Joboundu Platform regarding such agreements.
  2. If the Buyer have successfully finalised the booking of a Engagement through Joboundu with a Seller, the persons intervening in this process are the Buyer, the Seller and Joboundu. Joboundu is intervening in the transaction solely for the following scopes:
  1. To provide, host and maintain a database of Sellers on the Platform for the benefits of the Buyers, who may select any of them for the Engagements that they may require through the platform;
  2. To supervise the payment process and assist the Buyer for correct payments and the Seller for correct billing.

18.3 Buyer Registration and Login Credentials

In order to use the Site Services of Joboundu, Buyers must login through the https://www.joboundu.com website and register an account with the Service.  When registering, Buyers must provide the following registration details:

  1. Gender
  2. First name and last name
  3. Birth date
  4. Website url
  5. Mobile number
  6. Company name
  7. Company address
  8. Email address

Submitted data and profile will be reviewed by Joboundu according to the Platform professionality standards and requirements at our sole discretion: once your profile will be validated you will be able to access to the Platform full features. By completing the registration process, you accept this Contract on the use of the Joboundu service.

18.4 Account Security

Buyers are responsible for maintaining the security of their Account, and are fully responsible for all activities that occur through the use of their credentials. The Buyer shall choose a password upon registration, which is needed in order to access his/her account on Joboundu.com. The Buyer is obliged to keep this password secret. https://www.joboundu.com shall not disclose the password to any third party and Joboundu.com’s employees  shall not ask for the Buyer’s password at any time. The Buyer agrees to notify Joboundu immediately by sending an email at info@joboundu.com  if he/she suspects or know of any unauthorized use of his/her login credentials or any other breach of security with respect to his/her Account.  

Joboundu will not be liable for any loss or damage arising from unauthorized use of a Buyer’s credentials prior to the Buyer notifying Joboundu of such unauthorized use or loss of their credentials.

18.5 Membership

Membership for Joboundu platform is free. Fees, however, are charged to finalise a booking process between you and a Seller according to this Contract provisions. Joboundu reserves the right to change this policy at any time without prior notice, and can make the decision to charge for other fees such as “premium services”, e.g software and/or technical support in special ways. Joboundu reserves the right to define those monies, subscription fees, billing and charges etc.

18.6 Accuracy of Information

In creating an account, the Buyer is obliged to provide only true, accurate, current and complete information as requested in any registration forms required by Joboundu. The Buyer represents and warrants that all of the data provided for registration are accurate and complete.  The Buyer also agrees to update the information about himself/herself promptly, and as necessary, to keep it current and accurate. The Buyer shall report any changes in the registration data to Joboundu.com without undue delay.

The Buyer is obliged to provide only  true, accurate, current, complete and non-misleading statements in its communications with Sellers and must, at all times and in all dealings and communications with Sellers, comply with applicable law. By completing the registration process, the Buyer accepts this Contract. Any Booking Proposal sent to the chosen Sellers through the Site must be true, decent, genuine and available at time of sending the Booking Proposal.

We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate the Buyer Account if activities occur on his/her Account which, in our sole discretion, would or might constitute a violation of this Contract, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity. If messages sent to an e-mail address provided by the Buyer are returned as undeliverable, then Joboundu reserves the right to terminate the Buyer Account immediately with or without notice to the Buyer and without any liability to the Buyer or any third party. We reserve the right to also be able to read Buyer’s messages with our without his/her permission or foreknowledge.

18.7 Responsibility for the Content, Data or other Information

Joboundu does not make any warranties or representations regarding any data and/or information provided or made available by any user on Joboundu. In particular, Joboundu does not warrant or represent that said data and/or information is true or accurate. The Buyer shall report any activities of any other user which violate applicable laws and/or any of the Contract and conditions using the contact form available on Joboundu.

The Buyer accepts that we are not liable for any action or lack of action from any Seller found on https://www.joboundu.com and the Buyer will not pursue any claim against us in accordance with this Agreement. The Buyer accepts sole responsibility for ensuring that they are fully satisfied with any Seller and they have the skill and capability to carry out any role before offering them any job.

All data, information or Content is provided for the Buyer own use solely within the Site and within our Services. Buyers are expressly forbidden from exporting or copying any Content, data or information from the Site or any of our Services and doing so will make the Buyer breach this Contract, our Website Terms of Use and our intellectual property rights. If Buyers are seeking to use any Content from Joboundu then they must contact info@joboundu.com. We reserve our right to claim damages against you or any entity that you are employed by or were employed by at the time of contravention.

18.8 Indemnification

The Buyer must indemnify and hold Joboundu harmless from and against all actions, including damage claims, asserted by Sellers, other users or third parties against Joboundu resulting from an infringement of their rights by the Buyer. The Buyer assumes all reasonable costs Joboundu incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights of Joboundu, including the right to claim damages, must remain unaffected.

18.9 Handling Bookings

Buyers may browse Sellers profiles through the Site. Buyers may also use the system of filters to find the best Seller for the Engagement offered. If a Buyer wants to book a Seller, then the Buyer must do so following the booking process offered by joboundu.com and if the Seller agrees to the Engagement, Buyers are obliged to pay the Sellers through the Site.

By selecting and booking one or more of the shortlisted Sellers, Buyers will be agreeing to enter into a binding agreement with them, whereby they are undertaking to perform and Buyers are undertaking to compensate them for the relevant Engagement.

If a Buyer wishes to book one or more Sellers for an Engagement, he/she may send a Booking Proposal through the Service, which will be received by the Seller. The chosen Sellers may accept or decline the Buyer’s offer in his or her sole discretion.

If the Seller accepts the Booking the Buyer may then proceed to finalise the Booking for the Engagement via The Service. When an agreement between the Buyer and the Seller is reached the Buyer will be asked to confirm he/she have read and agreed to the Terms and Conditions. Joboundu will then apply its fees accordingly and you will be required to authorise or perform the agreed payments according to the selected mean of payment offered by Joboundu Payments Partner PayPal.

18.10 The Booking Process

To book a Seller for an Engagement, the Buyer must proceed with the following steps:

  1. The Buyer sends a Booking Proposal to the chosen Seller;
  2. When the Buyer sends a Booking Proposal to the Seller for an Engagement, the seller is notified by email as well as notifications on the site while logged into the account.
  3. The Seller receives the Booking Proposal and can accept or decline;
  4. If the Seller accepts the Booking Proposal, in order to confirm the booking, the Buyer is required to pay in advance the first milestone payment that is the 13% of the the Total Booking Fee; the Booking fee can be equal to one of the relevant industry rates set by reference to the union pay agreements or it can be set by the Buyer as a Custom Offer.  
  5. Once the first milestone payment is deposited in our escrow account, the Booking Date is locked on the Seller’s calendar and the Booking is confirmed; From there we connect you via our messaging system so you can send the final details.
  6. Sellers are required to commit to the Engagement booking date specified when a booking date is confirmed. A Seller may cancel an booking without the buyer's consent at any given moment. However, this will have a negative effect on the seller's status. Joboundu  has a zero tolerance policy for last minute cancellations, no-shows or low performance from Sellers. Any Seller that is guilty of this must have their accounts suspended. In the event of a no-show, please contact our support centre at info@joboundu.com so we can analyse the cause of the incident and respond accordingly.
  7. Once the Engagement is completed by the Seller, the Buyer must pay the remaining amount of the Total Booking Fee through the Site within 14 days. The Buyer must not pay any Seller directly. Payments must only be made through https://www.joboundu.com Booking System.
  8. The Fees for any Engagement are invoiced at any point after the Engagement has been completed by the relevant Seller;

18.11 Messages

The Service allows Buyers to send messages (“Messages”) to Sellers only if a Booking Proposal has been sent. Sending Messages is a privilege, not a right, and Joboundu may terminate such privileges of any Buyer at any time and for any reason, without any liability to such Buyer. Harmful, obscene, or offensive communications are not welcome in any Messages. If a User sends a Seller an objectionable Message, then the Seller must notify us by sending an e-mail to info@joboundu.com. The Buyer should exercise discretion, good sense, and sound judgment when sending a Message. The Buyer is solely responsible for the content of any Message he/she sends. Users agree that Joboundu may monitor Messages for compliance with this Contract, and therefore, Messages should not be considered confidential or proprietary. Users hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit their Messages in connection with facilitating transmission to the intended recipient through the Service and for such other purpose as Joboundu may deem appropriate in its sole discretion.

18.12 Method and Conditions of Payment

The currency of the Agreed Total Booking Fee agreed between the Buyer and the Seller, is limited to USD, EUR or GBP. The Total Booking Fee is charged in the same currency.

The payment of the Total Booking Fee by the Buyer must be made by PayPal, credit or debit card through the mechanisms available on the Booking System of the Site. No additional fees are charged to Buyers by Joboundu for the use of payment processors.

Joboundu releases the Total Booking Fee within 3 days after the the job has been completed and the Buyer has paid the remaining total amount of the Booking Fee through https://www.joboundu.com:

  1. Of the Total Booking Fee paid by the Buyer,  Joboundu deducts a 13% commission, which covers the expenses and fees that Joboundu incurs to banks, credit card companies, PayPal and payment processors and transfers the remaining amount to the Seller no later than 72 hours after the job has been completed and the Buyer has paid the remaining total amount of the Booking Fee.
  2. If  Joboundu is informed by the Seller or by the Buyer of a dispute between them regarding the job completion or if there are technical problems,   Joboundu will release the Total Booking Fee after the dispute or the technical problems are solved. If the disputes, between the Seller and the Buyer, or the technical problems are not solved within 1 month after the job has been completed, Joboundu will charge the Total Booking Fee 1 month after the job completion and transfer to the Seller the remaining amount (after the deduction of the commission) no later than 72 hours after. The disputes between the Seller and the Buyer will have to be solved judicially and extrajudicially with no intervention of Joboundu.

Joboundu may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the Buyer will have to pay the owed amount to  Joboundu.

Buyers agree not to make any chargebacks or reverse any payment made by them to  Joboundu.

Buyers acknowledge and agree that Joboundu will be entitled to recover any chargebacks or reversed payment that may be imposed on funds paid to  Joboundu through the Site.

18.13 Recommended Rates of Pay for Engagements

  1. All Engagements may be paid according to the relevant Union Agreements (including BBC/Equity, ITV/Equity, PACT/Equity or FAA/PACT agreement for Film & TV Engagements), Joboundu recommended Standard Rates as indicated on the Site under ‘Standard Rate’, and/or a custom rate chosen by the Buyer.
  2. All Commercials may be for a 10-hour day (inc an hour for lunch) including overtime according to Joboundu Recommended Standard Rates, unless otherwise agreed in the Custom offer. A special rate may be negotiated for night work. All featured sellers will be entitled to repeat fees or an equivalent usage fee dependent on the number of TVRs.
  3. All photographic jobs may be paid at an agreed custom rate or according to Joboundu recommended Standard Rates. Either hourly, half day or full day, plus appropriate usage fee.
  4. All pop promos may be for a 10-hour day (inc an hour for lunch) including overtime according to Joboundu recommended Standard Rates, unless otherwise agreed in the Custom offer. A special rate may be negotiated with the Seller for night work. All featured artistes will be entitled to repeat fees or an equivalent usage fee.
  5. All Corporates may be for a 10-hour day (inc an hour for lunch) including overtime according to Joboundu recommended Standard Rates, unless otherwise agreed in the Custom offer. A special rate may be negotiated with the Seller for night work. All featured artistes will be entitled to repeat fees or an equivalent usage fee.
  6. All promotions jobs may be paid at either a 5 hour or 10 hour rate according to Joboundu recommended Standard Rates, unless otherwise agreed in the Custom offer.
  7. All Voiceover may be paid hourly according to Joboundu recommended Standard Rates, or according to an agreed hourly rate in the Custom offer.

18.14 Buyer’s Cancellation

Buyers are entitled to cancel any booking without charge up to 12:29 pm the date before the Engagement.

If, after an offer of an Engagement has been accepted by a Seller, the Buyer withdraws the offer, the Buyer must be liable for a cancellation fee as set out by the relevant union pay agreements (where the Fees have been set by reference to them).

 

Where their Booking Fees have not been agreed by reference to a union pay agreement, if the offer is withdrawn between 12:30 pm and 5:30 pm before the date of the Engagement, 50% of the Total Booking Fee will be payable to the Seller unless the Engagement is cancelled after 5:30 pm the day before the Engagement is due to commence, in which case 100% of the Total Booking Fee will be payable. All amounts stated are inclusive of VAT.

18.15 Late Payments Fee

If the Buyer does not make a payment by the due date, then the Site must be entitled:

  1. to charge a late payment fee of 10% of the outstanding amount;

18.16 Enhanced Fees (e.g including overtime, haircut et cetera)

On some occasions, once engagements have been concluded, it may be that the Seller’s status for that Engagement is of a higher contribution level than that first agreed, in which case the Seller may be entitled to enhanced Fees from the Buyer. Any further payment on top of the Total Booking Fee previously agreed (eg. overtime) in connection with any Upgraded Seller’s role must only be undertaken through Joboundu Booking System.

18.17 Seller’s Cancellation and Refund

Sellers may cancel the booking at any time. If the Seller cancels the booking at any time after the Buyer’s payment, the Total Booking Fee paid by the Buyer to Joboundu is refunded to the Buyer according to this Contract no later than 14 days after the notification of the cancellation to Joboundu. If the Seller cancels the booking it is the responsibility of the Buyer to notify the cancellation to Joboundu no later than 48 hours after the Booking Date.

18.18 Contractual Relationship between the Buyer and the Seller

The Buyer accepts that Sellers are not employees of Joboundu and that he/she will be engaging them as independent private contractors. This means that Joboundu must have no liability or responsibility for the quality of a Seller’s work and will not be a party to any contract for services that you may enter into with them.

While Joboundu may perform background checking in respect of Sellers, no warranty or undertaking is given that Joboundu will perform such checks. As such, you agree that Sellers will have sole responsibility for any information which they may provide or upload to the Site and that, in the event that any such information is false or misleading, your sole remedy shall be against the relevant Seller.

18.19 Service Contract

The Site is a marketplace where Buyers and Sellers can identify each other: Buyers can search and book Sellers for specific Engagements and Sellers can advertise themselves on the Platform for all engagements they can perform and may get booked by Buyers through Joboundu. Subject to this Contract Joboundu provides the Site Services to Users, including hosting and maintaining the Site, enabling and facilitating the formation of Service Contracts.  If Users agree on terms for Sellers Services, a Service Contract is formed directly between such Users:

  1. when a User enters a Service Contract, the User uses the Site to engage, communicate, invoice and pay online. It is understood that all Sellers are freelancers and are not under direct employment by Joboundu or Buyers. Both Buyers and Sellers agree that Sellers are engaged under contract by Buyers through https://joboundu.com by use of our Services.
  2. If the Buyer effectively books a Seller through the Booking System, Sellers and Buyers agree and acknowledge that the relationship between them is that of independent contractors.
  3. You acknowledge and agree that Joboundu is not a party to any Service Contracts, and that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Joboundu and any Seller.

18.20 Intervention of Joboundu

If the Buyer has successfully finalised the booking of a Engagement through Joboundu with a Seller, the persons intervening in this process are the Buyer, the Seller and Joboundu. Joboundu is intervening in the transaction solely for the following scopes:

  1. To provide, host and maintain a database of Sellers on the Platform for the benefits of the Buyers, who may select any of them for the Engagements that they may require through the platform;
  2. To supervise the payment process and assist the Buyer for correct payments and the Seller for correct billing.
  3. The agreement is reached by the Seller/s and the Buyer/s without any recommendation of Joboundu. Joboundu does not take any decision on the suitability of Seller/s for a certain Engagement. The only persons responsible of the decision and of the adequacy of the services of Seller/s for an Engagement is the Buyer and the Seller. Therefore Joboundu acts solely as intermediary and is not in any way deemed to be an agent, agency or a representative of the Seller booked.

Sellers agree and acknowledge that Joboundu  is not responsible for:

  1. any expenses, including travelling and food expenses, incurred by the Seller or the Buyer;
  2. the correct completion of the Engagement;
  3. the veracity or accuracy of any document or information given between the Seller or the Buyer;
  4. and the use by the Seller and/or the Buyer of the information and documents exchanged between them.

Joboundu does not offer any form of insurance since the Site only provides an online venue for Buyers to make, offer and buy services of Sellers.

Depending on the applicable jurisdiction, Sellers and Buyers may have rights that cannot lawfully be excluded. Nothing in this Contract is intended to override such rights.

18.21 Suitability of the Seller for an Engagement

Joboundu is only a mere intermediary. The agreement is reached by the Seller and the Buyer without any recommendation of Joboundu. Joboundu does not take any decision on the suitability of a Seller for an Engagement. The only persons responsible of the decision and of the adequacy of the services of a Seller for a concrete Engagement are the Buyer and the Seller.

If any worker of Joboundu makes any remark regarding the work of a Seller or its suitability for an Engagement in any means of communication, including Joboundu Site, these will be considered as simple personal opinions, for which Joboundu and/or its workers will not be held responsible.

Joboundu is not responsible for the Engagement carried out by the Seller. Buyers and Sellers agree and acknowledge that Joboundu is not responsible of any issue arising between them regarding the completion of the specific Engagement. The responsibilities of the Buyer and the Seller, other than the ones specified in this Contract, are set out in the concrete agreement reached by them.

18.22 Booking Cancellation Fee

If, after an offer of an Engagement has been accepted by a Seller, the Buyer withdraws the offer, the Buyer must be liable for a cancellation fee as set out by the relevant industry recommended rates of pay agreements (where the Fees have been set by reference to them). Where their Booking Fees have not been agreed by reference to industry recommended rates of pay agreements, if the offer is withdrawn less than 24 hours before the date of the Engagement, 50% of the Total Booking Fee will be payable to the Seller unless the Engagement is cancelled after 17:30 the day before the Engagement is due to commence, in which case 100% of the Total Booking Fee will be payable to the Seller.

All amounts stated are inclusive of VAT.

18.23 Late Payment Fee

If the Buyer does not make a payment by the due date, then the Site must be entitled:

  1. to charge a late payment fee of 10% of the outstanding amount;

18.24 Enhanced Fees

On some occasions, once engagements have been concluded, it may be that the Seller’s status for that Engagement is of a higher contribution level than that first agreed, in which case the Seller may be entitled to enhanced Fees from the Buyer. Any further payment on top of the Total Booking Fee previously agreed (eg. overtime) in connection with any Upgraded Seller’s role must only be undertaken through Joboundu Booking System.

18.25 Booking Fee Refund

Sellers may cancel the booking at any time. If the Seller cancels the booking, the Total Booking Fee paid by the Buyer to Joboundu is refunded to the Buyer no later than 14 days after the notification of the cancellation to Joboundu. If the Seller cancels the booking it is the responsibility of the Buyer to notify the cancellation to Joboundu no later than 48 hours after the Booking Date.

18.26 Good Practices  

As mere intermediary between Buyers and Sellers Joboundu is not imposing any engagement or cooperation rules to Users in their dealings for a certain Engagement; still, in order to avoid misunderstandings and with the aim to lower to the minimum the possibilities of controversies and disputes between Users, Joboundu strongly recommends in Booking Seller/s, to provide minimum levels of pay and engagement fees across the entertainment industry resumed for users convenience at the time of Booking under the relevant industry recommended Rates of pay or Joboundu recommended standard rates.

The Buyer is anyway free to rule his/her cooperation with Sellers in different payment terms, but in this case Joboundu strongly encourages the Party who desires additional or different payment terms than those specified in Joboundu, to expressly state such payment terms and having them expressly agreed with his/her counterpart when sending the Custom Offer proposal through the Site.

18.27 Taxes

Buyers are responsible to pay their own taxes and National Insurance Contributions as a self-employed individuals and/or registered companies. Buyers must declare these earnings as part of their normal self-employed Self-Assessment return and/or Company Tax Return. We cannot provide advice on taxation.

For the avoidance of doubt, any monies paid to Sellers through https://www.joboundu.com are not for services rendered and are paid under or in consequence of your contract with a Seller. Buyers expressly indemnify us against any loss suffered in connection with National Insurance Contributions or income taxation issues relating to payments made via https://www.joboundu.com.

18.28 Language

Buyers accepting the Terms for using Joboundu declare that they fully and perfectly understand the content of the English version of this Contract.

18.29 Complaints and Disputes between Buyers and Sellers

Buyers can raise any complaints that they may have regarding the completion of an Engagement by the Seller to Joboundu  by sending an email at complaints@joboundu.com  up until 48 hours after the Engagement has been completed stating the grounds for complaints accompanied by proof of evidence for the complaint.

Buyers and Sellers acknowledge and accept that if the complaint is not made within 48 hours after the Engagement has been completed, the commission of Joboundu will not be refunded in any case.

The Buyer and the Seller commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including Joboundu. Any dispute that may arise between the Buyer and the Seller must be solved judicially or extrajudicially by them.

18.30 Behaviour during a dispute

While raising a complaint and opening a dispute submitting your complaint to Joboundu at complaints@joboundu.com the Buyer must release the Seller against whom complaints were made from the obligation to work. The Seller shall not be considered responsible for hair styling, styling and makeup. Proven Buyer complaints shall revoke any obligation to pay for this Seller, including travel expenses.

18.31 Seller late arrival

If the Seller is late to the Engagement he has been booked for, the Buyer may not allow the Seller on set and the Seller will not be paid.

18.32 Account Deletion

The Buyer may delete his/her Joboundu Buyer Account at any time without cause. He/She may deliver notice of termination by sending an email at info@joboundu.com and giving one month notice from a verified receipt of the request by us. The termination notice shall include your registered name and e-mail address. Your account data will be stored in Joboundu for 5 years and then deleted. Your account will cease to be present in the platform online.

During any term for which a Buyer has subscribed to use our Services, Joboundu may suspend or terminate access to our Site immediately for good cause. A ‘good cause’ is defined as an event which makes it unacceptable for Joboundu to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of Joboundu against those of the Buyer and includes, among others, any the following events:

  1. If the Buyer fails to comply with any applicable legal provisions;
  2. If the Buyer knowingly or un knowingly breaches a material contractual obligation set forth in this Contract;
  3. If the Buyer causes harm to any other user(s) of Joboundu;
  4. If Joboundu considers that the Buyer is involved in any immoral activity.

All articles of this Contract which by their nature should survive and termination shall survive termination, including, without limitation, warranty disclaimers, ownership provisions, indemnity and limitations of liability.

The Buyer right to use the Site will immediately cease upon termination

18.33 Termination of Terms and Conditions Agreement - Buyers

This Terms and Conditions Contract remains into force until all obligations between parties are fulfilled and/or pending any disputes. Sections 5, 6,7, 8, 10, 11, 12, 13, 14, 15, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45  survive the termination of this Terms and Conditions Agreement.

18.34 Account Restoration - Buyer

Within one year from the Buyer account deletion the Buyer may request to restore his/her account so it will be again online in the Platform and He/she can use again Joboundu services. While you request your account restoration you accept this Contract and all Joboundu policies.

19. Buyer’s Obligations and Acknowledgments

19.1 Communications

All communications with Sellers booked on Joboundu for an Engagement must other than while on set be made through the Joboundu Site.

19.2 Health & Safety

Health and Safety is the responsibility of the Buyer and the Buyer must have suitable employer’s liability and public liability in place to cover all the Sellers booked for an Engagement through the Site. Health and Safety is of paramount importance and is the responsibility of the Buyer. It is essential that working practices are maintained at all times. A failure to comply with Health and Safety regulations shall constitute a material irremediable breach of this Terms and Conditions agreement.Relevant Health and Safety information must be relayed to the Seller in line with the Employment Agencies Act 1973.

19.3 Important Information from the Buyer

When navigating the Site to select Sellers for an Engagement, the Buyer must provide to the Site the following information:

  1. the Buyer’s full corporate name, address and registered number, or (if it is not incorporated) its full business and trading name and address, and the nature of its business;
  2. any risks to health and safety known to the Buyer and the steps taken by the Buyer to prevent or control such risks.
  3. whether the Engagement involves working with vulnerable persons.
  4. The Buyer shall satisfy himself as to the suitability of any Seller for the Engagement for which the Seller has been booked. Without prejudice to the generality of the foregoing, the Buyer acknowledges and agrees that it is the Buyer’s responsibility to check the validity of the Seller’s qualifications;
  5. ensure, where appropriate, that the Seller is capable of operating any equipment or machinery to the necessary level;
  6. obtain any work or other permits needed by the Seller; and
  7. ensure that the Seller satisfies any medical requirements or other qualifications that may be appropriate or required by law.

20. Sellers

20.1 Eligibility and Use of Joboundu

  1. The Seller agrees to be bound by this contract.
  2. The Seller warrants and represents that he or she is of legal age at the time of registration, failing which the subscription to Joboundu is subject to requisite parent/guardian consent. In any event, persons under the age of 14 years are not permitted to use Joboundu.
  3. The Seller agrees that he/she doesn’t have any unspent criminal convictions other than driving convictions, including sexual offences under the Sexual Offences Act 2003.
  4. The Seller agrees that he is not on the sex offenders register and he/she have never been subject to any disciplinary action or sanction relating to vulnerable groups.
  5. The Seller agrees that there are no material facts which he/she considers ought to be disclosed and could be pertinent to his/her engagement booking, or likely to cause illness injury or damage to himself/herself or others, or the Seller has informed us in writing of such facts
  6. Joboundu offers Buyers and Sellers a marketplace platform for presenting their professional profiles and for being booked directly by Buyers for Engagements.
  7. Joboundu is offered for free to both Buyers and Sellers, just a 13% commission fee will be taken upon each booking transaction.
  8. The Seller acknowledges and agrees that it is technically impossible to achieve 100% availability of the Site and Services. Events related to maintenance, security or capacity requirements, and/or events beyond Joboundu control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Joboundu.com.

20.2 Right To Work

Seller/s warrants that they have the right in law to undertake work on relevant engagements either by virtue of nationality or a valid and current work permit. Sellers must inform us immediately if their legal right to work in the country where the Engagement will be performed changes.

20.3 National Insurance Number and PayPal Email

We are unable to process payment through our Payment processor, until they supplied us with their national insurance number and PayPal details. Sellers must also provide their date of birth, full legal name and gender.

20.4 Seller Registration and Login credentials

In order to use the Service, the Seller must login through the Joboundu website and register an account with the Service prior to using the Service. The Seller must only provide accurate and complete data for registration.The Seller shall choose a password upon registration, which is needed in order to access his/her account on Joboundu. The Seller is obliged to keep this password secret. Joboundu must not disclose the password to any third party and Joboundu’s employees must not ask for the Seller’s password at any time. The Seller must notify Joboundu immediately of any unauthorized use of his/her password or account.

When registering Sellers must provide the following registration details and certain documentation that helps to verify their identity:

  1. Gender
  2. Real First name and real last name
  3. Displayed name (Stage name - assumed for professional purposes as an actor or other performer)
  4. Birth date
  5. Email address

Submitted data, material and profile will be reviewed by Joboundu according to the Platform professionality standards and requirements at our sole discretion: once a Seller profile will be validated the Seller will be able to access to the Platform full features. The Seller must report any changes in the registration data to Joboundu without undue delay.

By completing the registration process, the Seller accepts this Contract.

20.5 Account security

The Seller is responsible for maintaining the security of his/her Account, and is fully responsible for all activities that occur through the use of his/her credentials. The Seller agrees to notify Joboundu immediately at info@joboundu.com if he/she suspects or know of any unauthorized use of his/her login credentials or any other breach of security with respect to his/her account. Joboundu will not be liable for any loss or damage arising from unauthorized use of the Seller credentials prior to the Seller notifying Joboundu of such unauthorized use or loss of his/her credentials.

20.5 Membership

Membership for Joboundu platform is free. Fees, however, are charged to finalize a booking process between the Seller and a Buyer according to this Contract. Joboundu reserves the right to change this policy at any time without prior notice, and can make the decision to charge for other fees such as “premium services”, i.e. hosting for the photo files, video or other Joboundu software and/or technical support in special ways.  Joboundu reserves the right to define those monies, subscription fees, billing and charges etc.

20.6 Accuracy of information

In creating an Account, Sellers agree to provide true, accurate, current, and complete information as requested in any registration forms required by Joboundu. The Seller also agrees to update the information about himself/herself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate the Seller Account if activities occur on the Seller Account which, in our sole discretion, would or might constitute a violation of this Contract, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations, including, but not limited to, trademark rights, copyrights, or the rights of privacy or publicity. If messages sent to an e-mail address provided by a Seller are returned as undeliverable, then Joboundu reserves the right to terminate the Seller Account immediately with or without notice to the Seller and without any liability to the Seller or any third party.

We reserve the right to also be able to read Buyers and Sellers messages without your permission or foreknowledge.

20. 7 Obligations of the Seller

  1. The Seller is obliged to provide only true and non-misleading statements in his/her profile and in communications with other users.
  2. The Seller must post on Joboundu only photographs, videos, content and other materials (the ‘Content’) that are in compliance with the guidelines for photographs established by Joboundu. The Seller warrants and represents that the public display of such Content is not prohibited.
  3. The Content posted by the Seller must comply with all applicable legislation, and respect all third-party rights. In particular, the Seller must not: (a) post any pornographic, insulting or defamatory Contents, or any Contents that violate any applicable legislation for the protection of minors; (b) advertise or promote, offer or distribute any products or services which do not comply with any applicable legislation for the protection of minors; (c) use without authorization any Contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws).
  4. The Seller shall not distribute or publicly disclose the contents of Joboundu, or perform any actions which may impair the operability of the Site’s infrastructure, particularly actions which may overload said infrastructure.
  5. The Seller agrees that Joboundu may use his/her name and a customer reference and for marketing and promotion purposes e.g. in publications about success stories, and may publicly disclose and advertise the fact that the Seller is using Joboundu.com.

20.8 Responsibility for the Seller’s Content, Data or other Information

  1. Joboundu does not make any warranties or representations regarding any data and/or information provided or made available by any user on Joboundu. In particular, Joboundu does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
  2. The Seller shall report any activities of any other user which violate applicable laws, and/or any of this Contract by sending an email at info@joboundu.com

 

20.9 Indemnification

  1. The Seller must indemnify and hold Joboundu harmless from and against all actions, including damage claims, asserted by other users or third parties against Joboundu resulting from an infringement of their rights by the Contents posted by the Seller on Joboundu. The Seller assumes all reasonable costs Joboundu incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights of Joboundu, including the right to claim damages, shall remain unaffected.
  2. In the event the Contents posted by the Seller infringes any rights of any third party, the Seller shall, at his/her own expense and at Joboundu’s discretion, either obtain the right to use said Contents or render said Contents free of any infringement.

20.10 Seller Profile

When a Seller submit a request to join Joboundu we will aim to comply as soon as possible. If the Seller has not had a response, he/she can email info@joboundu.com or contact us through the official Facebook page. We withhold the right to deny access to the Site for any reason nor do we have to disclose the reason for denial.

If a Seller is approved as a User then he/she will be sent an email with a verification link. The Seller will then be taken through required fields where he/she can insert all the Personal Information and Stats and then he/she will be able to create different professional profiles in the categories he/she wishes to be booked for including Actor/Film, Model/Editorial, Model/Hands category as displayed on https://www.joboundu.com .

The Joboundu Seller’s Profile is intended for Sellers to be used to promote themselves to prospective Buyers. We will give Sellers access to those Buyers through the Site and they have the ability to view all Content not set to private. We are selective with who we allow to register to the Site to book Sellers for Engagements, though this is not guaranteed by us and we cannot be held liable for anything that occurs as a result of any such Engagement. People will be able to view Seller’s public profile through use of Seller’s custom URL.

Registered Users will be able to view Seller Content. Due to the promotional aspect of Sellers  public profile we are not liable nor responsible for the distribution of Seller custom URL or profile link nor if Seller believes their custom URL or profile link is being linked to inappropriately or without your consent.

If the User has an agent or representative then they must adhere to any pre-existing contracts in relation to payment of any fees or commission owed. If an agent is using the Site on a Seller's and or Buyer’s behalf then they must agree to be bound by these same Terms.

20.11 Our Role

Joboundu provides Sellers with a platform on which to establish contact with Buyers. Joboundu does not take part in any communication between Sellers and/or any other users of its services. If users enter into agreements with one another via Joboundu.com, Joboundu is not a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. Joboundu must not be held liable if users are unable to contact one another over Joboundu.com regarding such agreements. Furthermore, Joboundu must not be liable for breaches of agreements entered into between users.

Sellers acknowledge and accept that any Engagement offers come solely from a Buyer and wholly at their discretion. We are unable to influence the decision of Buyers on your behalf and Sellers will not expect us to at any point. Sellers are responsible for ensuring the acceptability of any Engagement Booking to themselves before they accept. We do not guarantee nor promise jobs, profile views and contact with Buyers.

20.12 Booking Process

  1. If a Buyer desires to book your services as Seller for an Engagement, he may send the Seller a Booking Proposal through the Service, making through the Platform an offer Total Booking Fee according to Industry Recommended Rates of Pay, the platform recommended Standard rate, and/or a custom offer. The Total Booking Fee includes VAT and all other the taxes and national insurance contributions the Seller is responsible to apply and pay, if applicable. The Seller may accept or reject the Buyer’s offer at his/her sole discretion. In order to accept a Booking Proposal  the Seller will be asked to accept he/she has read and agreed to this Contract. If the Seller accepts a Booking Proposal for an Engagement such Booking shall be finalised by the Buyer via The Service paying his dues according to this Contract. Only when such moneys are received by our Payment Processor the booking is confirmed.
  2. If the Buyer wants to book a Seller on contract for longer runs, in which case they will be treated as PAYE employees of the Buyer, 13% commission of their earnings is payable to Joboundu.

20.13 Cancellation by the Buyer

Buyers may cancel Engagements booked through the Service in their sole discretion. The conditions, terms and consequences of Engagements cancellation are ruled by our Terms - Buyer’s section.

20.14 Seller’s cancellation

Sellers must carry out their Engagement, and may not cancel bookings on a regular basis or without cause. Cancelling bookings will affect Seller’s reputation and status. Any Seller that doesn’t turn up for an Engagement he/she has been booked for will have their accounts suspended.

The Seller may cancel at any time an Engagement. The Seller shall be warned anyway that once the Booking has been accepted by the Seller and confirmed by the Buyer, the Seller has 24 hours to cancel the Booking without having his/her account suspended unless the Seller sends proof of a good cause for not turning up which must be explained in writing and accompanied by proof of evidence to be sent at info@joboundu.com e.g medical issues, serious accidents. Without such proofs Seller’s account will be suspended. Cancelling a Booking that has been confirmed is not a professional behaviour and may have consequences in your Seller’s reputation and on feedbacks the Buyers may give about you. Moreover Joboundu will be contractually bound to refund the Buyer of all those disbursement already made.

We reserve the right in our sole discretion to take remedial actions, which may include, without limitation, prohibiting the Seller from using the Service in case we will retain his/her cancellation not reasonable in terms and/or timing. We may change the cancellation and rescheduling policies set forth in this section in our sole discretion.

20.15 Intervention of Joboundu in the booking

If the Seller successfully finalized a booking of a Engagement through Joboundu with a Buyer, the persons intervening in this process are the Buyer, the Seller and Joboundu. Joboundu is intervening in the transaction solely for the following scopes:

  1. To provide, host and maintain a database of Sellers on the Platform for the benefits of the Buyers, who may select any of them for the Engagements that they may require through the platform;
  2. To supervise the payment process and assist the Buyer for correct payments and the Seller for correct billing.
  3. The agreement is reached by the Seller/s and the Buyer/s without any recommendation of Joboundu. Joboundu does not take any decision on the suitability of Seller/s for a certain Engagement. The only persons responsible of the decision and of the adequacy of the services of Seller/s for an Engagement is the Buyer and the Seller. Therefore Joboundu acts solely as intermediary and is not in any way deemed to be an agent, agency or a representative of the Seller booked.

Joboundu is only a mere intermediary. The agreement is reached by the Seller and the Buyer without any recommendation of Joboundu. Joboundu does not take any decision on the suitability of a Seller for an Engagement. The only persons responsible of the decision and of the adequacy of the services of a Seller for a concrete Engagement are the Buyer and the Seller.

If any worker of Joboundu makes any remark regarding the work of a Seller or its suitability for an Engagement in any means of communication, including Joboundu Site, these will be considered as simple personal opinions, for which Joboundu and/or its workers will not be held responsible.

Joboundu is not responsible for the Engagement carried out by the Seller. Buyers and Sellers agree and acknowledge that Joboundu is not responsible of any issue arising between them regarding the completion of the specific Engagement. The responsibilities of the Buyer and the Seller, other than the ones specified in this Contract, are set out in the concrete agreement reached by them.

 Sellers agree and acknowledge that Joboundu  is not responsible for:

  1. any expenses, including travelling and food expenses, incurred by the Seller or the Buyer;
  2. the correct completion of the Engagement;
  3. the veracity or accuracy of any document or information given between the Seller or the Buyer;
  4. and the use by the Seller and/or the Buyer of the information and documents exchanged between them.

Joboundu does not offer any form of insurance since the Site only provides an online venue for Buyers to make, offer and buy services of Sellers.

Depending on the applicable jurisdiction, Sellers and Buyers may have rights that cannot lawfully be excluded. Nothing in this Contract is intended to override such rights.

20.16 Confidentiality during Engagements

Sellers recognise that in the course of using our Service or having been booked for an Engagement by a Buyer they may come into possession of confidential material.

Sellers are required under this Contract to protect all confidential information and shall not disclose any such information except where required to by law or when expressly authorised by us or the Buyer.

Sellers must not make any film or sound recording or take any photographs while on any set, they must not do any tweet, facebook, blog about, and  any other kind of social media coverage.

For the avoidance of doubt, confidential information shall include, but is not limited to, call sheets, locations, photographs, videos, audio recordings, production titles, dates, casting or scripts. Sellers are expressly forbidden from contacting any magazine, journal, publication, newspaper, blog, log or journalist. Sellers are expressly forbidden from posting photos, videos or audio to any website, social network or blog in any capacity.

20.17 Method and conditions of Payment for Engagements

The Total Booking fee payable to the Seller for an Engagement will be listed on the Site at the point at which the Seller is able to accept or decline booking proposals received by Buyers.

The 13% of the Total Booking fee will be collected by Joboundu escrow system at the time that a contract between you and the Buyer is formed. The remaining amount of the Total Booking Fee will be paid by the Buyer through https://www.joboundu.com once the Engagement has been completed. However, the Total Booking Fee will be released to your Paypal account when the Buyer confirms that the relevant Engagement has been completed and within 3 days from the date the Buyer has deposited the full amount of the Total Booking Fee.

The currency of the Agreed Total Booking Fee agreed between the Buyer and the Seller, is limited to USD, EUR or GBP. The Total Booking Fee is charged in the same currency.

The payment of the Total Booking Fee by the Buyer must be made by PayPal, credit or debit card through the mechanisms available on the Booking System of the Site. No additional fees are charged to Buyers by Joboundu for the use of payment processors.

Joboundu releases the Total Booking Fee within 3 days after the the job has been completed and the Buyer has paid the remaining total amount of the Booking Fee.

If  Joboundu is informed by the Seller or by the Buyer of a dispute between them regarding the job completion or if there are technical problems, Joboundu will release the Total Booking Fee after the dispute or the technical problems are solved. If the disputes, between the Seller and the Buyer, or the technical problems are not solved within 1 month after the job has been completed,   Joboundu will charge the Total Booking Fee 1 month after the job completion and transfer to the Seller the remaining amount (after the deduction of the commission) no later than 72 hours after. The disputes between the Seller and the Buyer will have to be solved judicially and extrajudicially with no intervention of   Joboundu.

Joboundu may not release the money if the source of the funds is suspected to be fraudulent. Any payments made by fraudulent funds (e.g. stolen credit cards) will be immediately reversed and the Buyer will have to pay the owed amount to  Joboundu.

20.18 Joboundu Commission Fee

  1. Of the Total Booking Fee paid by the Buyer,  Joboundu deducts a 13% commission, which covers the expenses and fees that  Joboundu incurs to banks, credit card companies, PayPal and payment processors and transfers the remaining amount to the Seller no later than 72 hours after the job has been completed and the Buyer has paid the remaining total amount of the Booking Fee.

20.19 Acceptance of a Booking

If at any time through our Service  Sellers are sent a Booking Proposal or reply to a Buyer, the Seller will have been deemed to enter into an Engagement.

The Seller will be supplied, by electronic means, the identity of the Buyer, and the Buyer will supply the Seller with the type of work, location, work commencement date, the duration or likely duration and hours expected to work, the rate of pay and expenses. This is the Seller's opportunity to decline an engagement if the Seller does not accept the terms offered.  The Seller is not obliged to accept any offer of work received through Joboundu.

Once the Seller have accepted an engagement they are required to keep the whole booking day free. This includes part days, where the Sellers may be required for a rehearsal or costume fitting.

The Seller agrees that if he/she does accept an offer of work received through Joboundu, that he/she will arrive promptly at the time agreed with the Buyer and that he/she will carry out legal and reasonable requests made by the Buyer or third parties on their behalf.

The Seller engagement on any engagement is subject to a separate contract with the Buyer or third party on their behalf. As soon as an engagement is made between a Buyer and a Seller, they are thereby engaged under a contract for services as a self-employed contractor directly by the Buyer and not by us. Some Buyers will require the Sellers to sign a written contract but others will not require formalities.

The Seller agrees to sign a release form for usage of their image. The Seller accepts that wilful failure to sign a release form may result in not being paid.

The Seller agrees to help and cooperate with any Buyer to obtain a criminal record check if required.

The Seller agrees to perform to the best of their ability, to follow reasonable instructions and accept control, supervision or direction from the Buyer or third parties acting on their behalf and that he/she will abide by their rules and regulations. The Seller also agrees to abide to any specific terms of that role and, to the fullest possible extent, safeguard his/her own health and safety and that of others around him/her and to comply with the health and safety procedures of the Buyers or third parties on their behalf.

Joboundu is not liable if Sellers are injured (unless caused by our negligence) or for any loss of, damage or theft of any of Seller's personal possessions. Buyers are responsible for personal injury insurance to cover Sellers during the course of the engagement.

Buyers or us may terminate engagements at any time without liability or prior notice in accordance with this Contract of Service. Sellers agree that they are legally entitled to work in the UK and that there are no material facts which they consider ought to be disclosed and could be pertinent to their engagement, or likely to cause illness injury or damage to themselves or others, or they have informed us in writing of such facts.

Sellers agree that they have no known allergies to make up or prosthetics and will inform us and Buyers of known allergies to any prosthetics or make-up in writing.

During the course of an engagement, Sellers may be used in filming or on production more than the amount agreed or advertised on Joboundu in which case Sellers may be owed additional fees which will be added to their Payment Remittance once the engagement has been completed.

20.20 No guarantee of Engagement Bookings

Sellers acknowledge that Engagement bookings rest with the buyers and the availability of such bookings is affected by the state of the industry as a whole. We cannot guarantee you work nor that Buyers who view your profile will book you for an engagement.

It is the Seller responsibility to ensure that any Engagement offered by Buyers is acceptable to them.

20.21 Taxes

Sellers are responsible to pay their own taxes as a self-employed individual. From 6th April 2014 Sellers are also considered self employed for National Insurance purposes. Payments will be made to Sellers gross of Class 1 National Insurance contributions and income tax. Sellers are responsible for paying Class 2 National Insurance and, where applicable, Class 4 National Insurance. Sellers must declare these earnings as part of their normal self-employed Self-Assessment return. We cannot provide advice on taxation.

For the avoidance of doubt, Sellers must not be considered an employee of Joboundu under any circumstances. Any monies paid to Sellers by us are not for services rendered and are paid under or in consequence of your contract with a Buyer.

Sellers are responsible for paying their own taxes as direct contractors with the Buyers and shall comply with tax rules of their own jurisdiction. Jobbound advises Sellers to consult a professional  in tax matter in case they don’t have enough knowledge on how to comply to their fiscal domicile tax rules.

Sellers expressly indemnify us against any loss suffered in connection with National Insurance Contributions or income taxation issues relating to payments received via Joboundu.com

20.22 Language

Sellers accepting the Terms for using Joboundu declare that they fully and perfectly understand the content of the English version of this Contract.

20.23 Account Deletion

The Seller may delete his/her Joboundu Seller Account at any time without cause. He/She may deliver notice of termination by sending an email at info@joboundu.com and giving one month notice from a verified receipt of the request by us. The termination notice shall include your registered name and e-mail address. Your account data will be stored in Joboundu for 5 years and then deleted. Your account will cease to be present in the platform online.

During any term for which a Seller has subscribed to use our Services, Joboundu may suspend or terminate access to our Site immediately for good cause. A ‘good cause’ is defined as an event which makes it unacceptable for Joboundu to continue the subscription to the end of the subscription period, taking into account all circumstances of the individual case and weighing the interests of Joboundu against those of the Seller and includes, among others, any the following events:

  1. If the Seller fails to comply with any applicable legal provisions;
  2. If the Seller knowingly or un knowingly breaches a material contractual obligation set forth in this Contract;
  3. If the Seller causes harm to any other user(s) of Joboundu;
  4. If Joboundu considers that the Seller is involved in any immoral activity.
  5. If the Seller makes any changes or removes information in his/her profile which could affect his/her status.
  6. If the Seller does not turn up for an engagement for which it has been booked and confirmed by the Buyer.

In the event of a good cause in accordance Joboundu.com is entitled to:

  1. Delete the contents posted by the Seller
  2. Issue a warning, or
  3. Block the Seller’s access to the services on Joboundu.com.

All articles of this Contract which by their nature should survive and termination shall survive termination, including, without limitation, warranty disclaimers, ownership provisions, indemnity and limitations of liability.

The Seller right to use the Site will immediately cease upon termination

20.24 Termination of Terms and Conditions Agreement

This Terms and Conditions agreement remain into force until all obligations between parties are fulfilled and/or pending any disputes. Sections 5, 6,7, 8, 10, 11, 12, 13, 14, 15, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45 survive the termination of this Terms and Conditions Agreement.

20.25 Account Restoration

Within one year from the Seller account deletion the Seller may request to restore his/her account so it will be again online in the Platform and He/she can use again Joboundu services. While you request your account restoration you accept this Contract and all Joboundu policies.

21. The Marketplace Service

21.1 Description

https://www.joboundu.com  is a marketplace platform for services performed by its users including actors, models, voiceovers, photographers, extras. Subject to Joboundu review and validation of the Buyer’s and the Seller’s registration data and their acceptance of this Contract, https://www.joboundu.com marketplace allows Buyers including producers, advertising agencies, businesses, professionals to search for and book Sellers for specific engagements.

22. Service Contracts

Subject to this Contract, Joboundu provides the Site Services to Users, including hosting and maintaining the Site, enabling and facilitating the formation of Service Contracts.  If Users agree on terms for Sellers Services, a Service Contract is formed directly between such Users.

When a User enters a Service Contract, the User uses the Site to engage, communicate, invoice and pay online. It is understood that all Sellers are freelancers and are not under direct employment by Joboundu or Buyers.

Both Buyers and Sellers agree that Sellers are engaged under contract by Buyers through Joboundu.com by use of our Services.

If the Buyer effectively books a Seller through the Booking System, the persons intervening in this process are the Buyer and the Seller. Sellers and Buyers agree and acknowledge that the relationship between them is that of independent contractors.

23. Buyers

Buyers may browse Profiles of Sellers through the Service. Buyers may also use the system of filters to find the best Seller for their Engagement. If a Buyers wants to hire the Seller, then the Buyer may do so following the booking process offered by the Service and if the Seller agrees to perform the Engagement, Buyers will pay the Seller through the Service.

24. Sellers

The Seller may accept Booking Proposals, eventual travel expenses and accept to be booked for Engagements through the Service once he/she has received a Booking Proposal by a Client for the agreed fee, VAT Included, if applicable, plus eventual costs for. The Seller will be paid for an Engagement through the Service upon completion of the Engagement within 3 days from when the Buyer has sent the remaining amount of the Total Booking Fee to our Payment Processor

25. Accessibility of the Site

The Site is accessible via a desktop access and login. The Site is also accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of Joboundu Platform via Mobile Services. In addition, using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Platform Services must be strictly in accordance with this Terms.

26. Our Role

Joboundu is not a contractor for the services agreed between Joboundu Users. Only Users are responsible for the performance and/or fulfilment of agreements they entered with one another; therefore Joboundu shall not be liable for breaches of such agreements. Joboundu shall not be held liable if Users are unable to contact one another over the Platform regarding such agreements.

Buyers and Sellers acknowledge and agree that Joboundu is not a party to any Service Contracts, and that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Joboundu and any Seller.

Joboundu is only a mere intermediary. The agreement is reached by the Seller and the Buyer without any recommendation of Joboundu. Joboundu does not take any decision on the suitability of a Seller for an Engagement. The only persons responsible of the decision and of the adequacy of the services of a Seller for a concrete Engagement are the Buyer and the Seller.

If any worker of Joboundu makes any remark regarding the work of a Seller or its suitability for an Engagement in any means of communication, including Joboundu Site, these will be considered as simple personal opinions, for which Joboundu and/or its workers will not be held responsible.

Joboundu is not responsible for the Engagement carried out by the Seller. Buyers and Sellers agree and acknowledge that Joboundu is not responsible of any issue arising between them regarding the completion of the specific Engagement. The responsibilities of the Buyer and the Seller, other than the ones specified in this Contract, are set out in the concrete agreement reached by them.

The intervention of Joboundu in the transaction is only for the following purposes:

  1. To provide the Site Services to Users, including hosting and maintaining the Site, enabling the formation of Service Contracts.
  2. To supervise that the Buyer correctly pays the Total Booking Fee;

Sellers agree and acknowledge that Joboundu  is not responsible for:

  1. any expenses, including travelling and food expenses, incurred by the Seller or the Buyer;
  2. the correct completion of the Engagement;
  3. the veracity or accuracy of any document or information given between the Seller or the Buyer;
  4. and the use by the Seller and/or the Buyer of the information and documents exchanged between them.

Joboundu does not offer any form of insurance since the Site only provides an online venue for Buyers to make, offer and buy services of Sellers.

Depending on the applicable jurisdiction, Sellers and Buyers may have rights that cannot lawfully be excluded. Nothing in this Contract is intended to override such rights.

27. Marketplace Fees

Registering and creating multiple profiles on Joboundu it’s Free of charge. We only take a 13% Commission upon booking transaction which covers the expenses and fees that  Joboundu incurs into payment processors and for hosting and maintaining the Site’s communication infrastructure, invoicing and payment services, including Payment Protection.

28. User Materials  

28.1 License to user materials

Buyer Materials, Seller Materials are collectively, "User Materials". By Posting User Materials to the Service, you hereby grant Joboundu (and its assignees, designees, successors, licensees, and sub-licensees), for the sole purposes of displaying your User Materials to other Users, an unrestricted, assignable, sublicensable, revocable, royalty-free, fully paid up license throughout the world and during the term of the Terms and Conditions to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all User Materials you upload to or through the Service through any media and formats now known or hereafter developed.

28.2 License for name, image, voice and likeness.

You further grant Joboundu a royalty-free license to Use your name, image, voice, and likeness (and that of any person identifiable in any User Material you post to the Service) made available by or on your behalf through the Service in conjunction with the rights you grant in Section 28.1 above.

28.3 Limited waiver of rights

By posting User Materials to or through the Service you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Materials, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Materials you post to the Service, during the term of this Terms and Conditions Agreement. You expressly release Joboundu and all of Jobbound agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Materials as authorized in this Terms and Conditions Agreement.

28.4 Representations and Warranties

With Respect to Your User Materials. Except for materials Joboundu provided to you through the Service, you represent, warrant, and covenant that:

(a) you either are the sole and exclusive owner of all of your User Materials that you post to the Service, or you have all rights, licenses, consents, and releases that are necessary to grant to Joboundu the rights in your User Materials as contemplated under this Terms and Conditions Agreement, and (b) neither the User Materials you post to the Service nor your creation of, accessing, or posting of your User Materials or Joboundu’s Use of your User Materials (or any portion thereof) as permitted in this Terms and Conditions Agreement will (c) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (d) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (e) require Joboundu to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

29. Prohibition on uploading objectionable content

You agree not to submit User Materials that: (a) is or could be interpreted to be infringing, defamatory, libellous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred (collectively, “Objectionable Content”), as Joboundu determines in its sole discretion; or (b) introduces viruses, time-bombs, worms, cancelbots, Trojan Horses and/or other harmful or malicious code. If you encounter any Objectionable Content on the Service, please email at insert e-mail here. The Service will include functionality that will allow you to “flag” Objectionable Content. Just because you flag certain content does not mean that Joboundu will remove that content from the Service. Joboundu has the right, but not the obligation, to remove any content from the Service that has been flagged as Objectionable Content.

30. Restriction on use of Service

30.1 Restrictions

In using the Service, you agree not to

  1. take any action that imposes an unreasonable load on the Service’s infrastructure;
  2. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
  3. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service
  4. delete or alter any material posted on the Service by Joboundu or any other person or entity
  5. frame or link to any of the materials or information available on the Service
  6. alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
  7. use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Joboundu or obtained from the Service;
  8. access, tamper with, or use non-public areas of the Service, Joboundu’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Joboundu’s providers;
  9. harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Joboundu employees;
  10. provide any false personal information to Joboundu;
  11. create a false identity or impersonate another person or entity in any way;
  12. create a new account with Joboundu without Joboundu’s express written consent, if Joboundu has previously disabled an account of yours;
  13. solicit, or attempt to solicit, personal information from other Users;
  14. restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;
  15. use the Service to send emails or other communications to persons who have requested that you not sent them communications;
  16. gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
  17. post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
  18. interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
  19. violate any applicable federal, state, or local laws or regulations or the terms of this this Contract and Conditions Agreement; or
  20. assist or permit any persons in engaging in any of the activities described

31. External Sites

31.1 Third parties websites

The Site may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Joboundu is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

32. Feedbacks

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Joboundu or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided.

Accordingly, by sending Feedback to Joboundu you agree that:

(a). Joboundu has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason

(b). Feedback is provided on a non-confidential basis, and Joboundu is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

(c). You irrevocably grant Joboundu perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

 

33. Disputes between Users

The Buyer and the Seller commit themselves to try to solve the conflict by reaching an agreement between them, with no intervention of third parties, including Joboundu.

Buyers can raise any complaints that they may have regarding the completion of the Engagement by the Seller to Joboundu  by sending an email at complaints@joboundu.com up until 48 hours after the Engagement has been completed stating the grounds for complaints accompanied by proof of evidence for the complaint.

Buyers and Sellers acknowledge and accept that if the complaint is not made 48 hours after the Engagement has been completed, the commission of Joboundu will not be refunded in any case.

Any dispute that may arise between the Buyer and the Seller must be solved judicially or extrajudicially by them;

33.1 Behaviour during a dispute

While raising a complaint and opening a dispute submitting your complaint to Joboundu at complaints@joboundu.com the Buyer must release the Seller against whom complaints were made from the obligation to work. The model shall not be considered responsible for hair styling, styling and makeup. Proven client complaints shall revoke any obligation to pay for this Seller, including travel expenses. If photographs are nevertheless taken using the Seller, the client shall be considered as having waived all rights to complaint.

34. Limitation of Liability and Disclaimer of Warranties

a. Joboundu, its affiliates, and their respective officers, directors, employees, agents, suppliers and licensors (collectively, the “Joboundu parties”) make no warranties or representations about the service and any content available on the service, including the accuracy, reliability, completeness, timeliness or reliability thereof. The Joboundu parties will not be subject to liability for the truth, accuracy or completeness of any content or any other information conveyed to any Joboundu user, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. As a user, you agree that you use the service and any content at your own risk.

b. The Joboundu parties do not warrant that the service will operate error free, or that the service and any content are free of computer viruses or similar contamination or destructive features. If your use of the service or any content results in the need for servicing or replacing equipment or data, no Joboundu party will be responsible for those costs.

c. The service and all content are provided on an “as is” and “as available” basis without any warranties of any kind. The Joboundu parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose.

D. Joboundu  does not make any warranties or representations regarding any data and/or information provided or made available by any Client on Joboundu . In particular, Joboundu does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

e. In no event will any Joboundu  party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the service and any content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such Joboundu  party has been advised of the possibility of such damages. Joboundu’s liability, and the liability of any other Joboundu  parties, to you or any third parties in any circumstance is limited to £100.

f. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of the Joboundu  parties will be limited to the greatest extent permitted by law.

35. Indemnification

You will indemnify, defend, and hold harmless Joboundu, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to: (a) use of the Site and the Site Services by you or your agents, including any payment obligations incurred through use of the Site Services; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Seller as an independent contractor; the classification of Joboundu as an employer or joint employer of Seller; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the this Contract and Conditions Agreement by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents (g) your access to, use or misuse of the Joboundu Content or Service.

36.  Consent to Electronic Communication

By using the Service, you give your consent to receive certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

37. Miscellaneous

38.1 Final provisions

This this Contract and Conditions Agreement, its annexes and the policies herein contained are governed by the internal substantive laws of England and Wales without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and courts sitting in England and Wales. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Joboundu as a result of this this Contract and Conditions Agreement or use of the Service. You further acknowledge that by submitting User Materials, no confidential, fiduciary, contractually implied or other relationship is created between you and Joboundu other than pursuant to this this Contract and Conditions Agreement. If any provision of this this Contract and Conditions Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this this Contract and Conditions Agreement, which will remain in full force and effect. Failure of Joboundu to act on or enforce any provision of this this Contract and Conditions Agreement will not be construed as a waiver of that provision or any other provision in this this Contract and Conditions Agreement. No waiver will be effective against Joboundu unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. The section headings are provided merely for convenience and will not be given any legal import. This this Contract and Conditions Agreement will inure to the benefit of our successors and assigns. You may not assign this this Contract and Conditions Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without Joboundu’s prior express written consent. Joboundu may assign this this Contract and Conditions Agreement, including all its rights hereunder, without restriction.

38. Waiver

Neither you, nor Joboundu shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

39. Severability

If any term of this this Contract and Conditions Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

40. Warranty

You agree not to rely on the site, the site services, any information on the site or the continuation of the site.  the site and the site services are provided “as is” and on an “as available” basis.  joboundu makes no express or implied representations or warranties with regard to the site, the site services, work product, or any activities or items related to this terms and conditions agreement or the website terms of use.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that this website will be constantly available, or available at all, or the information on this website is complete, true, accurate or non-misleading.

nothing on this website constitutes, or is meant to constitute, advice of any kind. if you require advice in relation to any legal, financial or employment matter you should consult an appropriate professional.

41. Breach

If you breach these this Contract of Service, without limiting any other remedies or rights, we may suspend, terminate, revoke accounts, remove access to data, delete data permanently, issue verbal and/or written warnings or limit your activities on the Site or Services in any way we deem fit, without notice and with immediate effect.

42. Liability

Nothing in these this Contract shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.

We, our affiliates, licensors, subsidiaries, assignees including their employees, directors or officers are not liable for any loss or damage to any User, any persons or third parties whether direct, indirect or consequential that arises from use or inability to use our Site, Services or Content including, but not limited to, jobs, job opportunities, castings, loss of business, customers, profit, revenues, loss of business or anticipated savings contracts, Software, data, time whether by tort (including negligence), equity, breach of contract, breach of statutory duty or otherwise, even if foreseeable.

You agree to give us time that we deem reasonable to correct or remedy any matter for which we may be liable before incurring any costs. We revoke liability for costs you incur before giving us a chance to remedy the matter.

If you are a Buyer then, without prejudice to other limitations of liability in this this Contract of Service, our total liability for your use of our Site is the total amount paid by you for the specific Service.

Joboundu cannot be held liable for delay receipt or non-receipt of messages or payments.

43. Prevailing Language and Location

The English language version of this Contract and Conditions Agreement will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.  The Site is controlled and operated from our facilities in the United Kingdom.  Joboundu makes no representations that the Site is appropriate or available for use in other locations.  Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable foreign, United Kingdom, state, and local laws and regulations, including, but not limited to, export and import regulations. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United Kingdom.

44. General Terms

  1. Headings are for ease of reference only.
  2. ‘including’ is to be interpreted to mean "including but not limited to".
  3. Nothing in this contract is intended to or shall operate to create a contract of employment, partnership or joint venture of any kind between you and us, or to authorise you to act as our agent. You shall not have authority to act in the name or on behalf of or otherwise bind Joboundu in any way.
  4. You are not entitled to sub-contract, assign, transfer, or otherwise dispose of your rights or obligations under this Contract.
  5. Should any provision of this contract be declared invalid for any reason, such decision will not affect the validity of any remaining provisions which will remain in force and effect. In those circumstances, we are entitled to replace the invalid provision with a provision of similar or equivalent economic effect, by written notice to you.
  6. No provision of this Contract is intended to be enforceable by any person other than you or us.
  7. Any failure by you or us to exercise any remedy or rights under this Contract does not constitute a waiver of that remedy or those rights.
  8. If you are an account holder we reserve the right, without your consent, but with notice, to sub-contract or transfer any of our obligations stated in these this Contract to any entity or third party. If you are a visitor then we reserve the right, without your consent to sub-contract or transfer any of our obligations stated in  Terms to any entity or third party.
  9. Nothing is this contract confers any rights or benefits on any person or legal entity other than you or us.
  10. This contract, all matters regarding the interpretation or enforcement of it, and any other matters or disputes arising in connection with it shall be governed by English law and you and we hereby submit to the exclusive jurisdiction of the English courts.

45. Governing Law

The construction, validity and performance of this this Contract and any dispute or claim arising out of or in connection with this Contract (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute relating to this Contract of Service which also exclude the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of this Contract will not be considered a waiver of those rights. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated. This this Contract and Conditions Agreement, the Website Terms of Use and our Privacy Policy constitute the entire agreement between us regarding our Site and our Services, and replaces and supersedes any prior agreements we might have between us regarding the Site or our Services.

46. Contact us

If anything is unclear or you have any questions about our Terms and Conditions, please get in contact at info@joboundu.com Our Customer Support team is also available 24/7 if you have any questions regarding the Site.

You can contact Hire Creative Industry Ltd by email on info@joboundu.com.