ZiGGY User Agreement



This User Agreement is a legal agreement (the “Agreement”) between you and ZiGGY Jobs Inc. (“ZiGGY,” “we,” “us” or “our”). This Agreement governs your use of the ZiGGY application, website, and technology platform (collectively, the “ZiGGY Platform”).

YOU MUST AGREE TO BE BOUND BY THIS AGREEMENT IN ORDER TO ACCESS THE ZiGGY PLATFORM.

If you are an Individual (as defined below) this Agreement also governs your rights and entitlements.

By entering into this Agreement and/or accessing or using the ZiGGY Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions) and accept all of its terms.

The ZiGGY Platform

The ZiGGY Platform provides a marketplace where persons who seek services (“Businesses”) can be matched with persons who have the qualifications and availability necessary (“Individuals”). Individuals and Businesses are collectively referred to in this Agreement as “Users,” and each User shall register and create an account (“User Account”) which enables access to the ZiGGY Platform. Some of the information provided by the User and stored in the User Account shall be used for public display on their “User Profile”.

All services provided by Individuals to Businesses through the ZiGGY Platform shall be referred to collectively as the “Services” and individually as a “Service”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by an Individual to a Business shall constitute a separate agreement between such parties, with ZiGGY acting as a facilitator.

Agreement May Change From Time to Time

The terms of this Agreement are subject to change from time to time at the sole discretion of ZiGGY. ZiGGY shall provide you with at least 30 days advance notice of any change to this Agreement. Any changes to the Agreement shall become effective on the date specified in the notice.

Ability to Contract

The ZiGGY Platform may only be used by Individuals over the age of majority who can form legally binding contracts under applicable law, and by representatives of Businesses, duly authorized to contract on behalf of the Business.

One User Per Individual User Account

For an Individual ZiGGY Account, you may not permit anybody else to access your account. For a Business, any authorized employee of the Business may access the ZiGGY Account.

Charges

As a Business, you agree to pay the amounts charged for your use of the ZiGGY Platform and Services (“Charges”). Charges include the amount you are offering to pay the individual (“ Individual Fees”) and other applicable service fees (“ZiGGY Fees”) as outlined in the ZiGGY Fee Schedule, which forms part of this Agreement. The ZiGGY Fee Schedule is available at www.ZiGGYjobs.com/feeschedule. ZiGGY has the authority and reserves the right to determine and modify pricing by posting applicable pricing. Pricing may vary based on the type of Service you request as described in the ZiGGY Fee Schedule. You are responsible for reviewing the applicable ZiGGY Fee Schedule and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. All Charges will be in Canadian dollars.

Individual Fees: Each job that is posted by the Business in on the ZiGGY platform shall have an amount the (“Individual Fee”) that the Business will pay the Individual who performs the job. The Individual will see this fee as part of the job details. This fee does not include ZiGGY Fees, which are the fees paid to ZiGGY as outlined in the ZiGGY Fee Schedule. For each job, ZiGGY shall collect from the Business both the Individual Fee and the ZiGGY Fees.

ZiGGY Fees: ZiGGY Fees are fees payable to ZiGGY by both Individuals and Businesses. These fees are outlined in the ZiGGY Fee Schedule and are subject to change from time to time. The ZiGGY Fees do not include the Individual Fee paid by the Business to the Individual, which is entirely separate.

GST/HST: All ZiGGY Fees shall have GST/HST applied as required. The Individual Fees shall have GST / HST automatically applied if the Individual providing the service has a GST/HST account number listed in their User Account at the time of providing the service. If GST/HST is applied on the Individual Fees the Individual, acting as an independent contractor, must do all necessary things to remain compliant with the relevant Canadian and Provincial tax laws, including filing GST/HST returns and remitting GST/HST collected. ZiGGY shall not be filing GST/HST returns for Individuals, nor shall ZiGGY take any responsibility for the GST/HST or any other tax remittances or payments of the Individual.

Refunds: All Charges are non-refundable once the job has been completed. For refunds prior to job completion, please see “Cancellation Fees “in the ZiGGY Fee Schedule. Any amounts remaining after Cancellation Fees and any other ZiGGY Fees are paid shall be refunded to the Business.

Payment Methods and Job Postings: Upon addition of a new payment method or each job posting, ZiGGY may seek authorization of your selected payment method to verify the payment method to ensure the Charges will be covered. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to charges by your bank. ZiGGY shall not be held responsible for these under any circumstances.

Payments to Individuals

If you are an Individual, you will receive payment for your provision of Services. There may be certain ZiGGY Fees that apply to these payments, as outlined in the ZiGGY Fee Schedule. You acknowledge and agree that the payments to you shall not include any interest and that ZiGGY shall not be withholding any amounts for taxes. If GST / HST has been charged to the Business on the provision of your Services, you will also receive the GST / HST amounts, and you acknowledge and agree that you are solely responsible for the filing of your GST / HST returns and remittances of any amounts to the government.

ZiGGY Fees: In exchange for allowing you to access the ZiGGY Platform and provide Services to Businesses, you agree to pay ZiGGY, and permit ZiGGY to deduct from your payments, a fee based on each transaction in which you provide Services (the “ZiGGY Fees”).
The ZiGGY Fees shall be listed at all times on the ZiGGY Fee Schedule and shall be subject to change from time to time.

ZiGGY Pay: If the ZiGGY Pay services has been made available to you and if you elect to receive payments via ZiGGY Pay, ZiGGY Fees shall apply as outlined in the ZiGGY Fee Schedule.

GST/HST on your Payments to ZiGGY: All amounts payable by Individual hereunder (e.g., ZiGGY Fees) are exclusive of applicable goods and services/harmonized sales taxes (GST/HST), and ZiGGY shall be responsible to charge applicable GST/HST in addition to such amounts.

GST/HST on Payments to You: When a GST / HST account number is registered with and Individual’s ZiGGY account at the time of performing any given Service, ZiGGY shall collect from the Business on the Individual’s behalf, the applicable GST/HST amounts. These GST/HST amounts shall be paid to the Individual in addition to the Individual Fees, less any ZiGGY Fees applicable. The Individual is responsible for providing ZiGGY with a valid GST/HST registration number, which ZiGGY shall not take any steps to verify. You agree that as an Individual you accept legal responsibility for all information in your User Account and User Profile, including the validity of the GST / HST number.

ZiGGY shall not be responsible for an Individual’s failure to comply with any tax legislation, and the Individual shall indemnify and hold ZiGGY harmless, for any GST/HST, interest, penalties and other amounts that may be assessed by the Canada Revenue Agency as a result of an Individual’s failure to comply with tax legislation.

How We Get In Touch

By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

Private Personal Information

Private Personal Information is information that you provide to ZiGGY and which is part of your ZiGGY Account but is not included or posted on your ZiGGY User Profile. This information includes your banking and financial information.

Profile Information

Profile Information is all information you provide to ZiGGY to be included in or posted on your User Profile. This does not include Private Personal Information, which is never posted in a User Profile. You acknowledge that this information shall be made visible to Businesses and other Uses who have access to the ZiGGY Platform.

You acknowledge that you are solely responsible for the information posted to your User Profile, and you agree and acknowledge that you will keep the information up to date and complete.

Privacy Policy

The Personal Information (The Private Personal Information and the Profile Information) that ZiGGY receives from you shall be governed at all times by the ZiGGY Privacy Policy (ZiGGYjobs.com/privacypolicy).

ZiGGY Infinity Program

I understand that as a User of the ZiGGY Platform I am automatically a member of the ZiGGY Infinity Program.

I acknowledge that for every Indvidual that I refer to ZiGGY, who in turn becomes a User of the ZiGGY Platform, I shall receive a payment from ZiGGY in the amount of 1% of the Individual Fees earned by that Individual.

I acknowledge that for every Business that I refer to ZiGGY, which in turn becomes a User of the ZiGGY Platform, I shall receive a payment from ZiGGY in the amount of 1% of the Individual Fees paid by that Business.

I understand that if I have a GST / HST number entered in my User Account at the time I request my payment, that the payments to me will have GST / HST applied. I understand that if I do not have a GST / HST number entered in my User Account at the time I request my payment then ZiGGY shall not apply GST / HST to my payment.

I understand that there may be certain fees to me associated with receiving my payment under the ZiGGY Infinity Program. These fees are outlined in the ZiGGY Fee Schedule.

I understand that payments under the Infinity program are available only for residents of Canada.

ZiGGY Code

As part of your User account, ZiGGY may provide you with a “ZiGGY Code,” a unique for you to distribute to your friends and family members (each a “Referred User”) to become new ZiGGY Businesses (“Referred Businesses”) or Individuals (“Referred Individuals”). These codes may include a special offer. ZiGGY reserves the right to de-activate any code at any time for any reason.

You may advertise the ZiGGY Codes, but may not sell, trade, or barter your ZiGGY Code.

Restricted Activities

With respect to your use of the ZiGGY Platform and your participation in the Services, you agree that you will not:

  • impersonate any person or entity;
  • stalk, threaten, or otherwise harass any person, or carry any weapons;
  • violate any law, statute, rule, permit, ordinance or regulation;
  • interfere with or disrupt the Services or the ZiGGY Platform or the servers or networks connected to the ZiGGY Platform;
  • post Information or interact on the ZiGGY Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  • “frame” or “mirror” any part of the ZiGGY Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
  • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the ZiGGY Platform or any software used on or for the ZiGGY Platform;
  • rent, lease, lend, sell, redistribute, license or sublicense the ZiGGY Platform or access to any portion of the ZiGGY Platform;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the ZiGGY Platform or its contents;
  • transfer or sell your User account, password and/or identification to any other party
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
  • cause any third party to engage in the restricted activities above.

Individual Representations, Warranties and Agreements

By providing Services as an Individual on the ZiGGY Platform, you represent, warrant, and agree that:

  • The information you provide in your User Profile, including your licenses and their status shall be correct at all times, and that you shall update your User Profile if there are any changes to any of your licenses or their status.
  • If you are providing a vehicle / equipment as part of your service offering, that you own, or have the legal right to operate, the vehicle or equipment you use when providing Services, and such vehicle or equipment is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
  • You will not engage in reckless behavior while performing any job acquired through ZiGGY, including driving unsafely, operating a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as an Individual while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the ZiGGY community or third parties.
  • You will not make any misrepresentation regarding ZiGGY, the ZiGGY Platform, the Services or your status as an Individual.
  • You will not attempt to defraud ZiGGY or Businesses on the ZiGGY Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fees or other payments for the job(s) in question.
  • You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
  • You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
  • You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

Intellectual Property

All intellectual property rights in the ZiGGY Platform are owned by ZiGGY absolutely and in their entirety.

Disclaimers

The following disclaimers are made on behalf of ZiGGY, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

ZiGGY is a technology company and does not provide transportation services. ZiGGY is not a transportation carrier.

Both the Individual and the Business must decide whether or not to accept to use the ZiGGY Platform to contract with one-another for the provision of Services.

ZiGGY cannot provide any assurances or guarantees that an Individual will complete an arranged job. ZiGGY also has no control over the quality or manner in which the Services are provided.

For provinces allowing disclaimers of implied warranties: The ZiGGY Platform is provided on an “as is” basis and, to the fullest extent permitted by applicable law, without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the ZiGGY Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, quality, fitness for a particular purpose, durability and non-infringement.

ZiGGY does not warrant that the information provided in a User Profile is accurate, correct, or up-to-date.

ZiGGY does not warrant that the ZiGGY Platform is free of viruses and other malicious computer code.

ZiGGY is not responsible for the conduct of any ZiGGY User.

ZiGGY is not responsible for the acts or omissions of Users on the ZiGGY Platform or participating in the Services.

ZiGGY expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

The Profile Information that you post to your User Profile is accessible by the public. ZiGGY disclaims all liability, regardless of the form of action, due the availability of the User Profile Information or the acts or omissions of other Users (including unauthorized users, or “hackers”) which may uncover your Private Personal Information.

ZiGGY shall not responsible or liable for any fees, costs, or overage charges associated with your use of the ZiGGY Platform.

Apple App Store Downloads

You may access the ZiGGY Platform via an app that you acquire from the Apple App Store. You acknowledge that despite the app being downloaded from the App Store run by Apple, Inc. (“Apple”), Apple is not a party to this Agreement and shall have no obligations to you.

ZiGGY, not Apple, is solely responsible for the ZiGGY Platform.

However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

Other App Store Downloads

You may access the ZiGGY Platform via an app that you acquire from an App Store. You acknowledge that despite the app being downloaded from a third party app store, the owner / operator of the app store is not a party to this Agreement and shall have no obligations to you.

ZiGGY, not the app Store, is solely responsible for the ZiGGY Platform.

By downloading and using an app from an app store, you may be subject to the app store’s terms and conditions.

Indemnity

You will defend, indemnify, and hold ZiGGY including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of the ZiGGY Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Individuals, Businesses, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) your ownership, use or operation of a vehicle, including your provision of Services as an Individual; and/or (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

IN NO EVENT WILL ZiGGY, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “ZiGGY” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE ZiGGY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE ZiGGY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ZiGGY PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT ZiGGY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS.

Term and Termination

This Agreement is effective upon your creation of a ZiGGY User account. This Agreement may be terminated: a) by User at any time by deactivating their ZiGGY User Account; or b) by ZiGGY immediately, without notice, upon your material breach of this Agreement.

ZiGGY may terminate this Agreement and deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below ZiGGY’s star rating or cancellation threshold; (3) ZiGGY has the good faith belief that such action is necessary to protect the safety of the ZiGGY Users.

If your ZiGGY Account has been deactivated, you shall receive notice and may be provided an opportunity to remedy the situation to ZiGGY’s sole satisfaction.

If a Business deactivates their account, all their jobs shall automatically be cancelled, and applicable fees as outlined in the ZiGGY Fee Schedule shall apply.

Upon a User’s death, their account is deemed deactivated, and this Agreement is terminated. Any amounts owing by ZiGGY to a User on the date of death shall be paid to the user’s estate or heirs if requested. Membership in the ZiGGY Infinity Program automatically terminates upon death and after the date of death a User shall no longer earn any earnings or entitlements under the Infinity Program.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration Between You and ZiGGY:
If permitted by the laws of your jurisdiction, you and ZiGGY mutually agree to waive, to the fullest extent permitted the rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration as set forth below, and subject to the exception(s) outlined below.

This agreement to arbitrate (“Arbitration Agreement”) survives after this Agreement terminates or your relationship with ZiGGY ends. To the fullest extent permitted under applicable law, any arbitration under this Arbitration Agreement will take place on an individual basis and class arbitrations and class actions are not permitted.

Except as expressly provided below, this Arbitration Agreement applies to all Claims between you and ZiGGY, including our subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.

The one exception to the Arbitration Agreement is in respect of fees owed by any User to ZiGGY. ZiGGY reserves the right to collect fees owed to it in court.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND ZiGGY ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED.

(b) Prohibition of Class Actions and Non-Individualized Relief:
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THAT YOU AND ZiGGY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND ZiGGY BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. AN ARBITRATOR APPOINTED PURSUANT TO THIS ARBITRATION AGREEMENT SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON ANY BASIS OTHER THAN AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSIDER OR RESOLVE ANY CLAIM OR ISSUE ANY RELIEF ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

Notwithstanding any other provision of this Agreement, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(c) Location of Arbitration:
Unless you and ZiGGY agree otherwise, any arbitration hearings between ZiGGY and you will take place in Toronto, Ontario.

(d) Severability:
In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(e) Optional Pre-Arbitration Negotiation Process:
Before initiating any arbitration or proceeding, you and ZiGGY may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and ZiGGY. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and lawyers are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

Relationship with ZiGGY

As an Individual on the ZiGGY Platform, you acknowledge and agree that you and ZiGGY are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties, and that you shall at all times be a client of ZiGGY, using the ZiGGY Platform, and shall be subject to paying ZiGGY Fees as per the ZiGGY Fee Schedule.

You and ZiGGY expressly agree that (1) this is not an employment agreement, (2) nothing in this Agreement or your interactions with ZiGGY creates an employment or dependent contractor relationship between you and ZiGGY; and (3) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement.

You have no authority to bind ZiGGY, and you undertake not to at any time hold yourself out as an employee, partner, agent or authorized representative of ZiGGY.

You retain the sole right to determine when, where, and for how long you will utilize the ZiGGY Platform.

General

This Agreement shall be governed by the laws of Ontario. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

You agree that this Agreement and all incorporated agreements may be automatically assigned by ZiGGY, in our sole discretion without notice to you, except as required by applicable laws. Except as explicitly stated otherwise, any notices to ZiGGY shall be given by certified mail, postage prepaid and return receipt requested to ZiGGY Jobs Inc. 45 Basaltic Rd. Unit 1B, Concord, ON L4K 1G5. Any notices to you shall be provided to you through the ZiGGY Platform or given to you via the email address or physical address you provide to ZiGGY during the registration process.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”.

A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.

This Agreement sets forth the entire understanding and agreement between you and ZiGGY with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
The place of this Agreement is Toronto, Ontario.

The parties have expressly requested that this Agreement and all documents, including notices, related to this Agreement be drafted in the English language. Les parties aux présentes ont expressément exigé que la présente convention, ainsi que tous documents, y compris avis, connexes soient rédigés en anglais.

ZiGGY Fee Schedule


Fees Charged to Businesses

1. Listing Fees
There is no charge to list Jobs.

2. Individual Fee
For each job posted on ZiGGY, the Business shall determine the amount to be paid. This is the “Individual Fee”. It is determined entirely by the Business and is paid directly to the Individual, and is subject to GST/HST if the Individual is a registrant and has entered their GST/HST number in their ZiGGY Account.

3. Completion Fees
These are the fees charged by ZiGGY to Businesses for connecting them with an Individual who has completed the job they were contracted to perform.

1-20 Completed Jobs / month 25% of the Individual Fee
21-50 Completed Jobs / month 24% of the individual Fee
51-75 Completed Jobs / month 23% of the individual Fee
76-100 Completed Jobs / month 22% of the individual Fee
101+ Completed Jobs / month 21% of the individual Fee
* Completion Fee Bracket is based on previous month’s usage.
* Completion Fee subject to GST/HST

4. Cancellation Fees
Cancellation in 24 hours or less 100% of the individual fee
24-48 hours 50% of the individual fee
48-72 hours 25% of the individual fee
>72 hours No cancellation fee
* Note: The cancellation fee is in place of the “Individual Fee”, and is not a ZiGGY fee. As such, the Cancellation Fee goes directly to the Individual, and is subject to GST/HST if the Individual is a registrant and has entered their GST/HST number in their ZiGGY Account.

5. Fees to Receive Money
If the business is due a payment from ZiGGY for Infinity Program payments, or any other amounts not including refunds, then certain payment options are available. Each has a corresponding fee.
Each Interac e-transfer $TBD
ACH $TBD
Cheque $TBD
Wire Transfer $TBD
ZiGGY Pay (to your credit / debit card) $TBD

Fees Charged to Individuals

1. Membership Fees
Membership is required in order to accept Jobs and Provide services through the ZiGGY Platform.

Membership fees for Individuals are $12 / year + taxes.

Unless you are the holder of a lifetime membership, the membership fee is deducted by ZiGGY automatically, from the first payment made to you each year.

2. Fees to Receive Money

Each Interac e-transfer $TBD
ACH $TBD
Cheque $TBD
Wire Transfer $TBD
ZiGGY Pay (to your credit / debit card) $TBD