1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.6 Although certain sections of this Agreement can only be applied to Users who register for an account, all Users of this website are bound by this Agreement, to the extent of the Sections that can apply to them.
2. DEFINITIONS AND SUMMARY
MAIDZILLAS is a Corporation that operates an on-line business on the website www.Maidzillas.com; Maidzillas’ offices are located at: 610 Champagneur Apt 7. Any e-mail addressed to Maidzillas should be sent to firstname.lastname@example.org.
The name Maidzillas includes in this Agreement its assigns, agents, attorneys, mandataries, directors, officers, shareholders and/or legal representatives.
SERVICE PROVIDER(S) is an independent individual, corporation or any other entity that provides a service and is not an employee of Maidzillas.
CLIENT(S) is an independent individual, corporation or any other entity that requires a service;
USER(S) means all users of the website, including all Service Providers and Clients. The sections of the Agreement that can apply to Users other than Service Providers and Clients will apply to these Users well.
This website isa platform allowing connections between Service Providers and Clients. Maidzillas is not responsible for the performance of the Service Providers. Maidzillas does not have any control over and is not liable for the quality, legality, timing, failure to provide, or any other aspect whatsoever of the services provided. Maidzillas does not have any control over and is not liable for the integrity, responsibility or any of the actions or omissions whatsoever of any Service Providers or Clients or any other Users of the website, whether on-line or off-line.
3. SERVICE LEVEL AGREEMENT
(a) General. Subject to the terms of this Agreement, the website will be available for use over the Internet 24 hours per day, 7 days per week except for periods of maintenance and for network access failures. Scheduled maintenance may occur weekly.
(b) Technical Support. All support cases should be initiated by email. Maidzillas shall use commercially reasonable efforts to reply User’s ?e-mail within forty-eight (48) hours ?after receipt of the User’s e-mail should the technical problem not be fixed within (48) hours after receipt of the User’s e-mail.
(c) Maidzillas cannot guarantee that every question or problem raised by the User ?will be resolved.
4. PAYMENT OBLIGATIONS
(i) In exchange for providing a platform to the Users, Maidzillas will take 20% commission on the job’s final quoted price. The quote is provided by the Service Provider through a bidding platform (eg. If a Service Provider bids a $100 on a particular task/job, he will get paid $80, leaving the amount equivalent to 20% to Maidzillas)
(ii) Once the Client books the Service Provider, the Client pays the website first and the funds are held by Maidzillas until the service is completed by the Service Provider. Once the Service Provider clicks the button “Task Completed” the Client will have 24 hours to release the payment from his end in order to transfer the funds already paid to Maidzillas into the Service Provider’s account. The Client has 24 hours to initiate a dispute should he/she not be satisfied with the job.
(iii) Disputes are reviewed by Maidzillas and ruling is given based on each case. If Maidzillas decides the job was indeed not up to par or the like, Maidzillas will contact the Service Provider and look into the dispute and make a decision after hearing from both ends. The Client will be issued either partial or in some cases full refund (where the service provider won’t be paid in this case) for the service based on the nature of the case or he may not get a refund at all and rule in favor of the Service Provider. In no event shall the amount refunded be higher than the amount paid by the Client to Maidzillas for the service.
5. USE OF INFORMATION.
Users agree that Maidzillas may use their name its press releases, product brochures and other marketing materials, financial reports and prospectuses, indicating that the Service Provider ?or the Client are a user of the website. Maidzillas may use the Users’name or logo and may include quotes or statements made by the Users ?regarding their use of the website in any of the materials.Users also agree that Maidzillas may use their information to contact them.The information will also be used for Users to contact each other.Clients and Service Providers understand and agree that by providing their personal information including their phone number and e-mail address, the other Users will have access to said information.
6. TERMINATION AND SURVIVAL.
(a) Termination.Users may terminate this Agreement by deleting their account and, in the case of Users other than Service Providers and Clients, by stopping to use the website. However, should the account of Service Providers or Clients be deleted before the service provided by the Service Provider is finished, the date of termination of the Agreement will be the date that the service was finished.
(b) Survival. The provisions of this Agreement which by their nature should survive the termination of the Agreement shall remain applicable and in effect even after the termination of the Agreement. This includes section Confidential Information.
Users hereby give consent to Maidzillas to conduct background checks as often as required, as a requirement for registration on the website and after registration, including but not limited to verification of identify and criminal check. Users will cooperate in providing Maidzillas with the necessary information in order to facilitate said verifications.
8. CONFIDENTIAL INFORMATION
a) Confidential information means all information relating to Maidzillas website or service, software, or any information regarding the content, purpose, design or function of the software, any know-how, technical data or other information, including, but not limited to, that which relates to research, product plans, products, services, customers, markets, developments, inventions, processes, marketing or finances that is not made public by Madzillas or which is marked “confidential” or “proprietary”.
(a) Non-use and Non-disclosure. Users agree that they will not use or disclose any Confidential Information of Maidzillas ?other than as expressly permitted under this Agreement or as expressly authorized in writing by Maidzillas. Users agree that they will require every employee or consultant who will have access to, use of, or knowledge of the website to protect the confidentiality of Maidzillas’ information.
(b) Remedies. Users that the obligations provided in this Section 8 ?are necessary and reasonable in order to protect Maidzillas ?and its business, and Users expressly agree that that monetary damages alone would be inadequate to compensate Maidzillas ?for any breach of the covenants and agreements set forth herein. Accordingly, Users ?acknowledge and agree that any such violation or threatened violation will cause irreparable injury to Maidzillas ?and that, in addition to any other remedies that may be available, in law or otherwise, Maidzillas ?shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the Users, without the necessity of proving actual damages.
9. REPRESENTATIONS & WARRANTIES
(a) Maidzillas represents and warrants that it has the necessary corporate right, power and authority to enter into this Agreement and to grant Users the rights set forth herein with regard to the access and use of the website and services;
(b) If they are individuals, Service Provider ?and the Client represent and declare that they are 18 years of age or older;
(c) If they are individuals, Service Providers and Clients represent and declare that they are permanent citizens or citizens of Canada;
(d) If User is an entity other than an individual, User represents and warrants that it has an office in Canada;
(e) If User is an entity other than an individual, User represents and warrants that it has the necessary right, power and authority to enter into this Agreement;
(f) The Service Provider represents and warrants that the Service Provider's services, products, materials, data, and Information as well as the Service Provider’s Employees or Mandataries do not and will not during the term of this Agreement operate in any manner that would (i) violate any applicable law or regulation; (ii) infringe the trademark, copyright, trade secret, privacy, publicity, or other rights of Maidzillas or of the Client; or (iii) mislead the public and/or the Clients or any other User;
(g) The Client represents and warrants that the Client or the Client’s Employees or Mandataries do not and will not during the term of this Agreement operate in any manner that would (i) violate any applicable law or regulation; (ii) infringe the trademark, copyright, trade secret, privacy, publicity, or other rights of Maidzillas or of the Service Provider; or (iii) mislead the public and/or the Service Provider or any other User;
(h) All Users represent and warrant that the information they will provide on this website and while using the website’s services will be true, complete and accurate and that they will not mislead the public, the other Users or Maidzillas. They all represent and warrant that the information they will provide on this website and while using the website’s services will be legal, that it will not infringe any third party’s rights and that it will not violate any law or regulation;
(i) Breach of Warranties. In the event of any breach, or reasonably anticipated breach, of any of the warranties herein, in addition to any other remedies available at law or in equity, Maidzillas will have the right to immediately, in Maidzillas’ sole discretion, suspend the User’s ?access to and use of the website if deemed reasonably necessary by Maidzillasand/or to prevent any liability for Maidzillas.
User ?shall indemnify, defend and hold harmless Maidzillas from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Maidzillas arising out of a User’s or any third party’s claim related to any alleged or actual breach by a User of their obligations as per hereunder and their access to or use of the website and of the services provided through this platform; provided that Maidzillas promptly notifies the User, but in no event more than twenty (20) business days, thereof in writing of any such claim and promptly tenders the control and the defense and settlement of any such claim to the User ?and shall provide the User with all information and cooperation at the User’s expense (excluding the value of the time of Maidzillas’ employees or administrators) in defending or settling such claim.
11. LIMITATION OF LIABILITY.
(a) The website is only a platform which allows connections between Clients and Service Providers. Maidzillas is not responsible for the performance of the Service Providers. Maidzillas does not have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Service Providers, whether on-line or off-line.
(b) In no event shall Maidzillas have any liability to the User ?for any loss of data, lost profits, cost of cover, cost of procurement of substitute goods or services, or any other special, incidental, consequential or indirect damage arising from access or use of the website or service or any accompanying materials, however caused and whether based in contract or civil liability.
(c) Maidzillas is not responsible for the conduct, actions or omissions of the Users, whether on-line or off-line.
(d) In no event shall Maidzillas have any liability in case of dispute between two or more Clients, between two or more Service Providers or between Service Providers and Clients. Clients and Service Providers release Maidzillas from any liability regarding disputes between two or more Clients, between two or more Service Providers and between Clients and Service Providers. Users release Maidzillas from any and all claims,demands, damages (including but not limited to economic, psychological, personality damages or bodily injuries) from any and all claims (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(e) In no event shall Maidzillas have any liability for the accuracy or reliability identity or background verification information or any other information provided through the website, on-line or off-line, on Users. Maidzillas may perform background verifications or criminal checks of Users but it is not Maidzillas’s obligation to perform such verifications.
(f) All users of this website and platform release Maidzillas from any and all claims, demands, damages (including but not limited to economic, psychological, personality damages or bodily injuries) of every kind and nature. In no event shall Maidzillas have any liability for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, loss or corruption of information or data suffered by any user of this website and of the platform that it provides.
These limitations of liability apply even if Maidzillas has been expressly advised of the potential loss or damage.
12. BREACHES OF THIS AGREEMENT
Without prejudice to our other rights under this Agreement, if Users breach these terms and conditions in any way, or if Maidzillas reasonably suspects that Users have breached these terms and conditions in any way, Maidzillas may, at their discretion:
(a) send Users one or more formal warnings;
(b) temporarily suspend Users’ access to the website;
(c) permanently prohibit Users from accessing the website and the services;
(d) block computers using Users’ IP address from accessing the website;
(e) contact any or all Users’ internet service providers and request that they block Users’ access to the website;
(f) commence legal action against Users, whether for breach of contract or otherwise; and/or
(g) suspend, delete or edit Users’ content on the website;
Where Maidzillas suspends or prohibits or blocks Users’ access to the website or a part of the website, Users must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. USER IDs, PASSWORDS AND ACCOUNT INFORMATION
13.1 Users may register for an account with the website by completing and submitting the account registration form on the website, and clicking on the verification link in the email that the website will send to them.
13.2 If Users register for an account with the website, Maidzillas will provide ?or Users will be asked to choose a user ID and password.
13.3 User ID must not be liable to mislead and must comply with the content rules set out in Section: USERS’ CONTENT: RULES; Users must not use their account or user ID for or in connection with the impersonation of any person.
13.4 Users must keep their password confidential.
13.5 Users must notify Maidzillas by e-mail immediately if they become aware of any disclosure of their password or of any unauthorized use of their account.
13.6 Users are responsible for any activity on the website arising out of any failure to keep their password confidential, and may be held liable for any losses arising out of such a failure.
13.7 In no event shall Maidzillas have any liability for the damage or prejudice that can result from the fact that the personal information is posted on the website and that said information is used for illicit purposes or for purposes other than those of the existence of the website.
14. CANCELLATION AND SUSPENSION OF ACCOUNT
14.1 Maidzillas may:
(a) suspend Users’ account;
(b) cancel Users’ account; and/or
(c) edit Users’ account details,at any time in Maidzillas’ sole discretion without notice or explanation.
14.2 Users may cancel their account on the website at any time.
15. CONTENT: USERS’ LICENCE
15.1 In this section, "users’ content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that Users submit to Maidzillas or the website for storage or publication on, processing by, or transmission via, the website;
15.2 Users grant to Maidzillas a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute Users’ content in any existing or future media;
15.3 Users grant to Maidzillas the right to sub-license the rights licensed under Section 15.2.
15.4 Users grant Maidzillas the right to bring an action for infringement of the rights licensed under Section 15.2;
15.5 Users hereby waive all their moral rights in their content to the maximum extent permitted by applicable law; and Users warrant and represent that all other moral rights in their content have been waived to the maximum extent permitted by applicable law;
15.6 Users may edit their content to the extent permitted using the editing functionality made available on the website;
16. USERS’CONTENT RULES
16.1 Users warrant and represent that Users’ content will comply with this Agreement;
16.2 Users may not:
(a) use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the website 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;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without Maidzillas’ express written consent;
(e) access or otherwise interact with the website using any robot, spider or other automated means;
(g) Use data collected from the website for any direct marketing activity;
(h) use data collected from the website to contact individuals, companies or other persons or entities other than for the purposes of the website and for the services required;
16.3 Users must ensure that all the information they supply through our website, or in relation to our website and service, is true, accurate, current, complete and non-misleading.
16.4 Users’ content, and the use of User’s content by Maidzillas in accordance with this Agreement, must not:
(a) be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
(b) be libellous or maliciously false;
(c) be obscene or indecent;
(d) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(e) infringe any right of confidence, right of privacy or right under data protection legislation;
(f) constitute negligent advice or contain any negligent statement;
(g) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(h) be in contempt of any court, or in breach of any court order;
(i) be in breach of racial or religious hatred or discrimination legislation;
(j) be blasphemous;
(k) be in breach of official secrets legislation;
(l) be in breach of any contractual obligation owed to any person;
(m) depict violence, in an explicit, graphic or gratuitous manner;
(n) be pornographic, lewd, suggestive or sexually explicit;
(o) be untrue, false, inaccurate or misleading;
(p) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(q) constitute spam;
(r) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(s) cause annoyance, inconvenience or needless anxiety to any person.
17. LIMITED WARRANTIES
17.1 Maidzillas does not warrant or represent:
(a) the completeness or accuracy of the information published on the website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
17.2 Maidzillas reserve the right to discontinue or alter any or all of the website services, and to stop publishing the website, at any time in our sole discretion without notice or explanation; and save to the extent that this Agreement expressly provides otherwise, Users will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Maidzillas stops publishing the website.
17.3 Midzillas does not warrant that Maidzillas’ ?Servers, access to or use of the website or the service or the support provided will meet the Users’ requirements or that the same will be uninterrupted or error free. ?Maidzillas’ Servers access to and use of the website and any accompanying materials are provided “AS IS AND WITH ALL FAULTS (IF ANY)”. ?Maidzillas makes no warranties, express, implied, statutory or otherwise with respect to the ?website, access to or use of the website or support or any accompanying materials provided and expressly disclaims all implied warranties of non-infringement, merchantability, accuracy and fitness for a particular purpose.
The Users acknowledge and agree that the website may be down for periods of scheduled and unscheduled maintenance.
(a) Independent Contractors. The Parties hereto are independent contractors and no agency, joint venture, partnership, employer-employee, or franchise-franchisee relationship is intended or created by this Agreement.
(b) Governing Law. This Agreement will be governed by the laws of the Province of Quebec, excluding its application of choice of law principals. Should a dispute arise between Maidzillas and a Service Provider or a Client or any other User which cannot be resolved through informal negotiations, Maidzillas shall have the right to select arbitration as a means to solve the dispute and an arbitrator having his office in the city of Montréal shall be selected by the parties. Should the dispute be submitted in court, the Parties submit to the exclusive venue and jurisdiction of the courts of competent jurisdiction of the District of Montreal for any action or dispute related to or arising out of this Agreement.
(c) Severability: Headings. If any provision of this Agreement is held to be unenforceable or invalid for any reason, the remaining provisions will continue in full force and effect with such unenforceable or invalid provision to be changed and interpreted to best accomplish its original intent and objectives. All headings are for reference purpose only and in no way define, limit, or construe the scope or extent of the corresponding section.
(d) Entire Agreement; Waiver; Counterparts. This Agreement, including any exhibits hereto, supercedes all prior oral or written communications or understandings. No provision of this Agreement may be amended or waived unless agreed to in writing by the Parties or by the Party granting such waiver. No failure or delay of either Party to exercise all or any part of any right or remedy hereunder will operate as a waiver of such right or remedy or portion thereof. This Agreement may be executed in counterparts, all of which taken together shall constitute one agreement between the Parties.
(a) Non-solicitation. The Service Providers, Clients and all other Users of the website agree that they will not directly or indirectly solicit or in any manner encourage employees or consultants of the other Parties to end their relationships with either User.
(b) Non-solicitation: The Clients and any other users of this website agree that they will not solicit or in any manner encourage Service Providers to provide their services without using this website and the platform it provides;
(c) Non-solicitation: The Service Providers and any other users of this website agree that they will not solicit or in any manner encourage Clients to use their services without using this website and the platform it provides;
20. ASSIGNMENT OR TRANSFER
Maidzillas may transfer, sub-contract or otherwise deal its rights and/or obligations under these terms and conditions without notifying Users or obtaining Users’ consent.
Service Provider, Client and any other User may not transfer, sub-contract or otherwise deal with their rights and/or obligations under these terms and conditions without the prior written consent obtained from Maidzillas;
By using this website, User agrees that the exclusions and limitations of liability set out in this Agreement are reasonable.
If User does not think they are reasonable, User must stop using this website.
22. CHANGES TO THIS AGREEMENT
Maidzillas may revise this Agreement from time to time.
The revised Agreement will apply to the use of the website and service from the date of its publication on the website, and Users hereby waive any right they may otherwise have to be notified of, or to consent to, revisions of the Agreement.
Please check this page regularly to ensure you are familiar with the current version.