5K Jobber > Terms & Conditions
Terms & Conditions

5KJobber’s Terms of Service Last update: SEPTEMBER 2015

Welcome to the 5KJobber.com. 5KJobber.com is a marketplace platform for services performed by its users.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the 5KJobber website, including any content, functionality and services offered on or through www.5KJobber.com (the “Site”).

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the 5KJobber services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

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

Key Terms

Jobbs® are services offered on 5KJobber.

Jobbers are users who offer and perform services through Jobbs on 5KJobber.

Buyers are users who purchase services on 5KJobber.

Jobb Page is where the seller can describe their Jobb and the Jobb’s terms, and the buyer can purchase the Jobb and create an order.

Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.

Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Jobb Page.

Order Page is where buyers and Jobbers communicate with each other in connection with an ordered Jobb.

Disputes are disagreements experienced during an order between a buyer and seller.

Revenue is the money Jobbers earn from completed orders.

Jobb Extras are additional services offered on top of the Seller’s Jobb for an additional price defined by the Seller.

Jobb Multiples are additional quantities of unique orders from the Jobbers Jobb.​

Overview (Main terms, in a nutshell)

Jobbers [Sellers]

Basics

Jobbs®

Jobber Levels

5KJobber is all about helping Jobbers leverage their skills. We seek to empower top performing Jobbers with helpful tools to grow their business. Jobbers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, 5KJobber may reward them with new statuses, special opportunities, benefits, and tools that come with it.

Top Rated Jobbers

Custom Offer

Withdrawing Revenues

Buyers

Basics

Purchasing

Orders

Basics

Handling Orders

Reviews

Stock Images

Shipping

Printing and Shipping

Disputes and Cancellations

Refunds

User Conduct

5KJobber enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on 5KJobber reflect the diversity of an expanding Jobb economy. Members of the 5KJobber community communicate and engage through orders, social media, and on 5KJobber’s Community Forums.

5KJobber maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of 5KJobber. This section relates to the expected conduct users should adhere to while interacting with each other on 5KJobber.

Basics

Reporting Violations

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

Violations

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

Non-Permitted Usage

Adult Services & Pornography – 5KJobber does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on 5KJobber should be friendly, constructive, and professional. 5KJobber condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – 5KJobber takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Jobbers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of 5KJobber will not be protected by our Terms of Service.

Intellectual Property Claims – 5KJobber will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use 5KJobber for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the 5KJobber community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to 5KJobber’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on 5KJobber. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell 5KJobber accounts.

General Terms

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to 5KJobber by our users (Buyers and Jobbers) is User Generated Content. 5KJobber does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, 5KJobber is not responsible for the content, quality or the level of service provided by the Jobbers. We provide no warranty with respect to the Jobbs, their delivery, and any communications between buyers and Jobbers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Jobbs® service offers.

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on 5KJobber. Jobbers advertising their Jobb online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Jobb and may lead to the suspension of seller’s account.

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

Ownership

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

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

Furthermore, users (both buyers and Jobbers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to 5KJobber, including Jobb texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by 5KJobber for no consideration for marketing and/or other purposes.

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to 5KJobber’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor 5KJobber will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER 5KJOBBER NOR ANY PERSON ASSOCIATED WITH 5KJOBBER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

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

Limitation on Liability

IN NO EVENT WILL 5KJOBBER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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