Terms & Conditions

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1.      CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) constitutes a legal agreement between persons who desire to contract for Freelancer Services (the “User”) and Hire9ja, a Slink Digital Technologies Company, and its subsidiaries and affiliates (collectively, “Hire9ja” or “us”), and providers of Freelancer Marketplace and Services to Users (“Freelancers”), (“Employers) and Hire9ja.  These Terms govern your use of our marketplace platfrom that facilitates communications between Employers and Freelancers offered through our website located at www.hire9ja.com, as it may be modified, relocated and/or redirected from time to time, and the mobile applications offered by us. Our services, platform, website and mobile applications are collectively referred to as the “Hire9ja Site or Hire9ja.com.”  References to “you” or “your” means the applicable User, Employer or Freelancer.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Your access and use of the Hire9ja Site constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Hire9ja.com. If you do not agree to these Terms, you may not access or use the Hire9ja Site. These Terms expressly supersede prior agreements or arrangements with you. Hire9ja may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Hire9ja Site or any portion thereof, at any time for any reason.

Hire9ja may amend the Terms related to the Hire9ja.com from time to time. Amendments will be effective upon Hire9ja’s posting of such updated Terms at this location or the amended policies or supplemental terms of the applicable service(s). Your continued access or use of the Hire9ja Site after such posting constitutes your consent to be bound by the Terms, as amended

  • Your agreement that the Hire9ja Site is provided “as is” and without warranty (Section 6.A).
  • Your agreement that the Hire9ja Site is solely a communications platform providing a method for Freelancer Services to be booked, that all Freelancer Services are performed by third parties, and that Hire9ja has no liability for any Freelancer Services or any acts or omissions of third parties (Section 2.A).
  • Your agreement to release Hire9ja from liability based on claims relating to Hire9ja Site and otherwise (Section 6.B).
  • Your agreement to indemnify Hire9ja from claims due to your use, misuse or inability to use the Hire9ja Site or the Freelancer Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Hire9ja Site (Section 6.C).
  • Your consent that either party has the right to compel binding arbitration (Section 7.B).
  • Your agreement that no claims can be adjudicated on a class basis (Section 7.A).
  • Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.

 

2.      THE SERVICES

a.    APPLICATION IS SOLELY A MARKETPLACE.

The Hire9ja Site is a technology marketplace where Employers and Freelancers can identify each other and buy and sell services online. Those certain services requested by Employers, which are to be completed by the Freelancers, are hereinafter referred to as “Freelancer Services.”  Subject to the terms of this Agreement, Hire9ja provides services to Employers and Freelancers, including hosting and maintaining the Hire9ja Site, and enabling the formation of Employer Contracts. When a Employer and a Freelancer enter into a Employer Contract pursuant to subsection B below, the Employer and Freelancer use the Hire9ja Site to engage, communicate, invoice and pay online.

Unless otherwise agreed by Hire9ja in a separate written agreement with you, the Hire9ja Site is made available solely for your personal, noncommercial use. Hire9ja does not itself provide the Freelancer Services. The provision of all Freelancer Services is up to the Freelancers. HIRE9JA, THROUGH THE HIRE9JA APPLICATION, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH FREELANCER SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH FREELANCER SERVICES, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY FREELANCER SERVICES AND/OR WORK PRODUCT PROVIDED TO YOU BY FREELANCERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HIRE9JA IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY PROVIDER.

b.     EMPLOYER SERVICES

Upon the Employer awarding a project to a Freelancer, and the Freelancer’s acceptance on the Hire9ja Site, or the purchase of an item by a Employer from the Freelancer, the Employer and the Freelancer will be deemed to have entered into a contract (the “Employer Contract”) under which the Employer agrees to purchase, and the Freelancer agrees to deliver the Freelancer Services. The Employer and Freelancer may enter into an agreement between each other separate from these Terms, provided that you agree not to enter into any contractual provisions in conflict with these Terms.
You are solely responsible for ensuring that you comply with your obligations to Freelancers. If you do not, you may become liable to such Freelancer. You must ensure that you are aware of any Nigerian laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Employer, or in any other uses you make of the Hire9ja Site.
If a Freelancer breaches any obligation to you, or causes any damages to you or your property or rights, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a Employer Contract or for any damages to your person, property or rights caused by Freelancer.
Depending on their jurisdiction, Employers and Freelancers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in these Terms is intended to override a right that by applicable law may not be excluded.
Each Employer and Freelancer acknowledges and agrees that the relationship between such Employer and any Freelancer is that of an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between any Employer and any Freelancer. Nothing in these Terms shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Hire9ja and any Employer or Freelancer.

c.    Employer Deliverable.

Employer grants Freelancer a limited, non-exclusive, revocable (at any time, at Employer’s sole discretion) right to use the Employer Deliverable as necessary for the performance of the Services. Employer reserves all other rights and interest, including, without limitation, all Proprietary Rights, in and to the Employer Deliverable. Upon completion or termination of the Service Contract, or upon written request by the Employer, Freelancer shall immediately return all Employer Deliverable to the Employer and further agrees to purge all copies of Employer Deliverable and Work Product contained in or on Freelancer’s premises, systems, or any other equipment otherwise under Freelancer’s control. Freelancer agrees to provide written certification to the Employer certifying the return or purging of Employer Deliverable within ten (10) days after the receipt of the User’s written request to certify.

d.    Work Product.

Any copyright-able works or works for hire prepared by Freelancer in connection with a Fixed-Price Contract for Employer shall be owned by the Freelancer until payment has been made by the Employer and accepted by the Freelancer. If the Employer pays an amount less than the amount agreed to in the Service Contract, the Freelancer may refund the amount paid within two (2) weeks of the payment date and retain ownership of the Work Product.

To the extent that under applicable law, Proprietary Rights cannot be assigned, Freelancer hereby irrevocably agrees to grant, and hereby grants, to Employer an exclusive (excluding also Freelancer), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize Work Product in any manner now known or in the future discovered. To the extent such license grant is not fully valid, effective or enforceable under applicable law, Freelancer hereby irrevocably agrees to grant, and hereby grants, to Employer, such rights as Employer reasonably requests in order to acquire, as close as possible, all rights equivalent to full legal ownership. In order to ensure that Employer will be able to acquire, perfect and use such Proprietary Rights, Freelancer will: (i) transfer possession, ownership, and title to media, models, and other tangible objects containing Work Product to Employer; (ii) sign any documents at Employer’s request to assist Employer in the documentation, perfection and enforcement of its rights; and (iii) provide Employer with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing such Proprietary Rights. Freelancer also irrevocably authorizes Employer to act and sign on Freelancer’s behalf and take any necessary steps in order to perfect Employer’s rights under this Agreement. In the case that under applicable law, Freelancer retains any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights”) or other inalienable rights to Work Product or Confidential Information under this Agreement, Freelancer irrevocably agrees to waive, and hereby waives, all such rights, or, to the extent Freelancer cannot waive such rights, Freelancer agrees not to exercise such rights, until Freelancer has provided prior written notice to Employer and then only in accordance with any reasonable instructions that Employer issues in the interest of protecting its rights.
Freelancer shall ensure that no Work Product created or delivered by Freelancer includes any pre-existing software, technology or other intellectual property, whether such pre-existing intellectual property is owned by Freelancer or a third party including, without limitation, code written by proprietary software companies or developers in the open source community (collectively “Pre-existing IP”) without obtaining the prior written consent of the User to the inclusion of such Pre-existing IP in the Work Product. Freelancer acknowledges that, without limiting any other remedies, Freelancer shall not be entitled to payment for, and shall refund any payments to Freelancer for, any Services performed on a Contract if the Work Product contains any Pre-existing IP that was not approved in accordance with this Section.

e.     USER VETTING

 
Freelancers may be subject to a vetting process before they can register/receive payment and during their use of the Hire9ja Site.  Although Hire9ja may perform background checks of Freelancers, Hire9ja cannot confirm that each Freelancer is who they claim to be and therefore, Hire9ja cannot and does not assume any responsibility for the accuracy or reliability identity or background check information or any information provided through the Hire9ja Site.

BY USING THE HIRE9JA APPLICATION, YOU AGREE TO HOLD HIRE9JA FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HIRE9JA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING THIRD PARTY PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FREELANCER SERVICES.

f.     LICENSE.

Subject to your compliance with these Terms, Hire9ja grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Hire9ja Site on your personal device solely in connection with your use of the Hire9ja Site; and (ii) access and use any content, information and related materials that may be made available through the Hire9ja Site, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Hire9ja and Hire9ja’s licensors.

g.    RESTRICTIONS.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Hire9ja Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Hire9ja Site except as expressly permitted by Hire9ja; (iii) decompile, reverse engineer or disassemble the Hire9ja Site except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Hire9ja Site; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Hire9ja Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Hire9ja Site; or (vi) attempt to gain unauthorized access to or impair any aspect of the Hire9ja Site or its related systems or networks.

h.    THIRD PARTY SERVICES AND CONTENT.

The Hire9ja Site may be made available or accessed in connection with third party services and content (including advertising) that Hire9ja does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Hire9ja does not endorse such third party services and content and in no event shall Hire9ja be responsible or liable for any products or services of such Freelancers.

i.       OWNERSHIP.

The Hire9ja Site and all rights therein are and shall remain Hire9ja’s property or the property of Hire9ja’s licencors. Neither these Terms nor your use of the Hire9ja Site convey or grant to you any rights: (i) in or related to the Hire9ja Site except for the limited license granted above; or (ii) to use or reference in any manner Hire9ja’s company names, logos, product and service names, trademarks or services marks or those of Hire9ja’s licencors.

3.      YOUR USE OF THE SERVICES

a.    ACCOUNTS.

In order to use most aspects of the Hire9ja Site, you must register for and maintain an active personal user services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Hire9ja certain personal information, such as your name, address, mobile phone number and age, as well as one valid payment method (bank account details). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or payment method on file, may result in your inability to access and use the Hire9ja Site or Hire9ja’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Hire9ja in writing, you may only possess one Account.  Freelancer profiles must accurately represent the freelancer’s experience, skills, and personal information.

b.     USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive or provide Freelancer Services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Hire9ja Site (including, without limitation, all applicable laws), and you may only use the Hire9ja Site for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Hire9ja Site cause nuisance, annoyance, inconvenience, or property damage, whether to the Freelancer or any other party. In certain instances you may be asked to provide proof of identity to access or use the Hire9ja Site, and you agree that you may be denied or disable access to or use of the Hire9ja Site if you refuse to provide proof of identity or your identity proves that you are not a Nigeria or operate a functional bank account as a foreigner in Nigeria but hold access to a freelancer account.

c.    ACCEPTABLE USE

During the term of this Agreement, you may use the Hire9ja Site for your personal use only (or for the use of a person, including a company or other organization that you validly represent).  You may use the Hire9ja Site to book Freelancer Services solely with respect to a location where you are legally authorized to have Freelancer Services performed or to provide the Freelancer Services.  You may not use the Hire9ja Site for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. You may not use the Hire9ja Site in violation of any law, statute, ordinance, or regulation.  You agree that an order for Freelancer Services is an offer, which is only accepted when you receive a confirmation of the order. You agree to treat Freelancers courteously and lawfully, and to provide reasonable co-operation to Freelancers to enable them to supply the Freelancer Services.   Freelancers agree to provide the Freelancer Services once it has accepted an order in a quality and workmanlike manner, and to provide such services courteously and lawfully and to the best of their ability, and to only accept the order if the Freelancer is qualified and capable of performing such Freelancer Services.

The Hire9ja Site may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Community Areas”) that allow you to communicate with other users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. You shall NOT use the Hire9ja Site (including but not limited to any Community Areas) to do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Hire9ja staff.
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
  • Use the Hire9ja Site or any Freelancer Services for any purpose or in any manner that is in violation of local, state, national, or international law.
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
  • Advertise or offer to sell any goods or services for any commercial purpose through the Hire9ja Site which are not relevant to the services offered through the Hire9ja Site.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Impersonate another person or a user or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
  • Post the same note repeatedly (“Spamming”). Spamming is strictly prohibited.
  • Download any file posted by another user that a user knows, or reasonably should know, cannot be legally distributed through the Hire9ja Site.
  • Restrict or inhibit any other user from using and enjoying the Community Areas.
  • Imply or state that any statements you make are endorsed by Hire9ja, without the prior written consent of Hire9ja.
  • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Hire9ja Site in any manner.
  • Hack or interfere with the Hire9ja Site, its servers or any connected networks.
  • Adapt, alter, license, sublicense or translate the Hire9ja Site for your own personal or commercial use.
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Hire9ja.
  • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
  • Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
  • Use the Hire9ja Site to solicit for any other business, website or service, or otherwise contact users for employment, contracting or any purpose not related to use of the Hire9ja Site as set forth herein.
  • Use the Hire9ja Site to collect usernames and or/email addresses of users by electronic or other means.
  • Register under different usernames or identities, after your account has been suspended or terminated.

You understand that all submissions made to Community Areas will be public and that you will be publicly identified by your name or login identification when communicating in Community Areas, and Hire9ja will not be responsible for the action of any users with respect to any information or materials posted in Community Areas.

d.    PROMOTIONAL CODES.

Hire9ja may, in Hire9ja ’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Hire9ja Site and/or a Freelancer’s services, subject to any additional terms that Hire9ja establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Hire9ja ; (iii) may be disabled by Hire9ja at any time for any reason without liability to Hire9ja; (iv) may only be used pursuant to the specific terms that Hire9ja establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Hire9ja reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Hire9ja determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

e.     USER, EMPLOYER OR FREELANCER PROVIDED CONTENT.

Hire9ja may, in Hire9ja’s sole discretion, permit you (whether Users, Employers or Freelancers) from time to time to submit, upload, publish or otherwise make available to Hire9ja through the Hire9ja Site textual, audio, and/or visual content and information, including commentary and feedback related to the Hire9ja Site, initiation of support requests, and submission of entries for competitions and promotions (“Content”). Any Content provided by you remains your property. However, by providing Content to Hire9ja, you grant Hire9ja a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform such Content in all formats and distribution channels now known or hereafter devised  for the purpose of providing services through the Hire9ja Site or other of our products.

You represent and warrant to Hire9ja that you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases necessary to grant Hire9ja the license to the Content as set forth above, and that your Content: (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Hire9ja or cause Hire9ja to lose (in whole or in part) the services of its ISPs or other partners or suppliers. Hire9ja may, but shall not be obligated to, review, monitor, or remove Content, at Hire9ja ’s sole discretion and at any time and for any reason, without notice to you.

f.     NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Hire9ja Site. Your mobile network’s data and messaging rates and fees may apply if you access or use the Hire9ja Site from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Hire9ja Site and Apps and any updates thereto. Hire9ja does not guarantee that the Hire9ja Site, or any portion thereof, will function on any particular hardware or devices. In addition, the Hire9ja Site may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4.      PAYMENT

Users understand that use of the Hire9ja Site may result in charges to you for the services or goods you receive from a Freelancer (“Charges”). After a Employer has received services or goods obtained through your use of the Service, Hire9ja will facilitate your payment of the applicable Charges on behalf of the Freelancer, as such Freelancer’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by Employer to the Freelancer. Charges will be inclusive of applicable taxes where required by law. Charges paid by Employer are final and non-refundable, unless otherwise determined by Hire9ja in its sole discretion (see also the last paragraph of this Section 4). User and Freelancer each retains the right to request a modification to the Charges for services or goods received by User from such Freelancer, and such modified Charges  for a particular service or good will become the new Charges if much modification is agreed to by the User and Freelancer.

The services offered in this site could be paid through Flutterwave. Flutterwave is a Payment Processor we use here at Hire9ja. To use methods offered by Flutterwave to make payment to the platform, you accept the terms and conditions of Flutterwave available at www.flutterwave.com.

All Charges are due immediately and payment will be facilitated by Hire9ja using the Bank Account details in the payment method designated in User’s Account, after which Hire9ja will send User a receipt by email. If User’s account is invalid or, does not match account name, User agrees that Hire9ja may disable or terminate user account for violation of our policy. User accepts to only provide bank account owned by them only at all times. Freelancer agrees to Hire9ja serving as its collection agent under this Section 4.   Subject to Hire9ja’s rights under these Terms (including the next paragraph), Hire9ja will generally require payment from an Employer prior to the performance of the applicable Freelancer Services and will remit payment to Freelancer after User has confirmed that the Freelancer Services have been performed; provided that, notwithstanding anything to the contrary in these Terms, Hire9ja shall in no event be responsible for any nonpayment or late payments by Users.

Subject to Sections 6 and 7 of these Terms (regarding limitation of liability, indemnification of Hire9ja and Hire9ja ’s right to choose whether or not to be involved in a dispute between an Employer and Freelancer), as between you and Hire9ja, Hire9ja reserves the right to (i) establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Hire9ja Site at any time in Hire9ja ’s sole discretion and (ii) to determine the disposition of any payment received by Hire9ja from a Employer in the event of a dispute between Employer and Freelancer, including to remit such payment to Freelancer, to return a payment to Employer or to hold such payment in escrow pending a judicial or other settlement of the dispute. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Hire9ja will try to use reasonable efforts to inform you of Charges that may apply. Hire9ja may from time to time try to provide certain Employers with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Hire9ja Site, and you agree that such promotional offers and discounts, unless also made available or applicable to you, shall have no bearing on your use of the Hire9ja Site or the Charges applied to you. Employer may elect to cancel requests for services or goods from a Freelancer at any time, in which case Users may be charged a cancellation fee.

 

5.      INTELLECTUAL PROPERTY; COPYRIGHT; CONFIDENTIALITY.

a.    INTELLECTUAL PROPERTY RIGHTS.

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read through the Hire9ja Site is owned by Hire9ja , excluding Content that Hire9ja has the right to use as described in above. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Hire9ja owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Federal Republic of Nigeria Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Hire9ja Site without Hire9ja ’s express prior written consent and, if applicable, the holder of the rights to the Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Hire9ja and, if applicable, the holder of the rights to the Content.

The service marks and trademarks of Hire9ja, including without limitation “Hire9ja” and the Hire9ja logos are service marks owned by Hire9ja. Any other trademarks, service marks, logos and/or trade names appearing on the Hire9ja Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names appearing on the Hire9ja Site without the express prior written consent of the owner.

b.     Copyright Complaints and Copyright Agent.

Hire9ja respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any materials provided on or in connection with the Hire9ja Site infringe upon your copyright or other intellectual property right, please send the following information to: contact@hire9ja.com

  1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
  2. A statement specifically identifying the location of the infringing material, with enough detail that Hire9ja may find it on the Hire9ja Site.  Please note: it is not sufficient to merely provide a top level URL.
  3. Your name, address, telephone number and e-mail address.
  4. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

c.    CONFIDENTIAL INFORMATION.

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Hire9ja and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Hire9ja in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Hire9ja upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Hire9ja ’s trade secrets, confidential and proprietary information and all other information and data of Hire9ja that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

6.      DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.

a.    DISCLAIMER.

Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Hire9ja Site (including without limitation, Freelancer Services)(“Hire9ja Services”) are provided “AS IS” and without any warranty of any kind from Hire9ja or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE HIRE9JA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE HIRE9JA SERVICES IS AT THE USER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HIRE9JA SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HIRE9JA AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET USER’S REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIRE9JA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF FREELANCERS. USER’S AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.  YOU AGREE TO NOT HOLD HIRE9JA RESPONSIBLE FOR YOUR ACTIONS OR OMISSIONS OR THE ACTIONS OR OMISSIONS OF ANY USER OR FREELANCER.

b.     LIMITATION OF LIABILITY.

HIRE9JA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF HIRE9JA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HIRE9JA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR PROVISION OF OR USE OF OR RELIANCE ON THE HIRE9JA SERVICES OR YOUR INABILITY TO ACCESS OR USE THE HIRE9JA SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN USER AND ANY FREELANCER, EVEN IF HIRE9JA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HIRE9JA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HIRE9JA’S REASONABLE CONTROL. USER ACKNOWLEDGES THAT FREELANCERS PROVIDING FREELANCER SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL HIRE9JA’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL FEES PAID BY, OR RECEIVED BY  YOU TO/FROM HIRE9JA DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

HIRE9JA’S SERVICES MAY BE USED BY USER TO REQUEST AND SCHEDULE GOODS, OR LOGISTICS SERVICES WITH FREELANCERS, BUT YOU AGREE THAT HIRE9JA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR LOGISTICS SERVICES PROVIDED TO USER BY FREELANCERS OR WITH RESPECT TO USER’S USE OF THE FREELANCER SERVICES (INCLUDING NON-PAYMENT) OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER USER’S RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

c.    INDEMNITY.

You agree to indemnify and hold Hire9ja and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use of the Hire9ja Site or services or goods obtained or provided or sold through your use of the Hire9ja Site, including any data or content transmitted or received by you, or any other party’s access or use of the Hire9ja Site with your username and password; (ii) your breach or violation of any of these Terms, applicable law, rule or regulation (including, without limitation, any tax or employment laws); (iii) Hire9ja’s use of your Content; or (iv) your violation of the rights of any third party, including Freelancers and Users.

7.      DISPUTES BETWEEN FREELANCERS AND USERS

Your interactions with organizations and/or individuals found on or through the Hire9ja Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Hire9ja shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between any Users and/or Freelancers, or between Users and/or Freelancers any third party, you agree that Hire9ja in its sole discretion may determine the amount of the Charges and to whom to remit such Charges in accordance with Section 4, provided that Hire9ja is in no event under any obligation to become involved in any such dispute.  In relation to disputes with any other Users or Freelancers, you hereby agree to indemnify Hire9ja from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute or our determinations with respect thereto.

8.      DISPUTES WITH HIRE9JA

a.    WAIVER OF JURY TRIAL

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Hire9ja Site (collectively, “Disputes”) will be settled by binding arbitration between you and Hire9ja , except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Hire9ja are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Hire9ja otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

b.     INFORMAL NEGOTIATION

To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between you and Hire9ja , you agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices shall be the address set forth in your Hire9ja account.  Hire9ja’s contact for such notices is contact@hire9ja.com.

c.    ARBITRATION.

In the unlikely event that Hire9ja has not been able to resolve a Dispute it has with you after attempting to do so informally, you agree to resolve any Dispute arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof, by binding arbitration by the rule of Law of the Federal Republic of Nigeria. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rule of Law.  The arbitrator will be either a retired judge or an attorney licensed to practice law in Nigeria and will be selected by the parties from the roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then arbitrator will be appointed in accordance with the Rule of Law. The arbitrator will render an award within the time frame specified in the Rule of law. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award shall be entered exclusively in the state and federal courts sitting in Nigeria. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

9.      MISCELLANEOUS

a.    CHOICE OF LAW.

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving effect to any conflict of law principles.

b.     NOTICE.

Hire9ja may give notice by means of a general notice on the Hire9ja Site, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing US. You may give notice to Hire9ja, with such notice deemed given when received by Hire9ja , at any time by email: contact @ hire9ja.com.

c.    PREVAILING LANGUAGE

The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

d.    GENERAL.

You may not assign these Terms without Hire9ja’s prior written approval. Hire9ja may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Hire9ja’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Hire9ja as a result of this Agreement or use of the Hire9ja Site. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Hire9ja’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hire9ja in writing.

BY CLICKING “I ACCEPT”, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND TAKEN STEPS TO THOUGHTFULLY CONSIDER THE CONSEQUENCES OF THIS AGREEMENT, THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT WITH HIRE9JA.