Service Professional's Agreement
ENJOIUS SERVICE PROFESSIONAL’S AGREEMENT
1. General Rules of Conduct
2. Responding to User Requests
Users may request a quote for Services provided by Service Professionals on or through the Website. In order for you to provide a quote and respond to a request (the “Quote Request”), Enjoius charges you a fee (the “Response Fee”). The Response Fee is paid by you using credits that are prepaid by you (“Credits”). The number of Credits charged for each response to a Quote Request varies based on the type of Service the User specifies in the Quote Request. For the Credits price list for Response Fees and other Credit information, please see the Credit Price List Information. Upon your payment of the Response Fee with the Credits, Enjoius will connect you with User through the Website.
3. Failure to Provide Services
Enjoius reserves the right to either suspend or terminate your access to the Website and/or terminate your Account and this Agreement if you fail to provide Services to Users who have paid for such Services.
4. Posting of Contact Information
Enjoius reserves the right to either suspend or terminate your access to the Website and/or terminate your Account and this Agreement if you post contact information of any User on the Website. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. A User’s contact information may not be posted on the Website. Enjoius reserves the right to display (on the profile) your first and last name or your company’s name if you add your Google+, Facebook, Twitter, Instagram, or any other social media information into your Enjoius account.
5. Booking Transaction Interference
Currently Enjoius does not offer Users the ability to book a Pro for any Services through the Website. This Section will apply if and when Users are able to book a Pro through the Website. You may not contact Users with an offer or suggestion to book an event outside of the Website. You are not permitted to interfere with another Pro’s booking. You are not permitted to email or telephone Users in an open or completed booking to warn them away from hiring another Pro. Discouraging Users from hiring other Pros is not permitted. Discouraging and/or preventing Users from booking through the Website is not permitted.
6. Referral Fees
You may not receive a referral fee or any fixed compensation for referring a User’s business to another Pro or third party. A User’s business may only be utilized by the Pro who received such business from the Website. If Enjoius discovers that you have received referral fees, Enjoius reserves the right to temporarily suspend or permanently remove you from the Website and to terminate your Account.
7. Pros that Dissolve Due to Breakups or Other Extenuating Circumstances
If a Pro consists of more than one person, or groups of persons, and such persons dissociate from the Pro, then Enjoius reserves the right to determine which person, if any, may maintain such Pro’s profile. Generally, in the event a Pro consists of two persons or more, each person will have to re-register for a brand new Pro Account. In the event of a dissociation of more than two persons, a vote of the majority of the persons generally will decide who maintains the Pro profile.
8. Service Disputes
You will be responsible for resolving, in a timely manner, any User complaints regarding the Services provided by you.
You will maintain commercial general liability insurance at your sole cost and expense. Such insurance will be provided with an insurer and will include, without limitation, commercial general liability, product liability, completed operations, blanket contractual liability, and personal injury and advertising liability. On request, you will provide a certificate of insurance evidencing all the coverage described in this Section.
11. Control of Site and Intellectual Property
- Notwithstanding any provision in this Agreement, Enjoius will have the right in its sole discretion to determine the content, appearance, design, functionality and all other aspects of the Website (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to, the Website and any element, aspect, portion or feature thereof (including any Service listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or to require you not to list, any or all Services or other information in Enjoius' sole discretion. Without limiting the generality of the foregoing, in the event of your breach of this Agreement or for any act of fraud, misrepresentation or violation of applicable law, rules or regulations, Enjoius reserves the right, in its sole discretion, to remove any Services or any information listed on the Website, cancel pending orders or bookings for Services (if any), require you to offer your customers refunds for Services or suspend your ability to participate in or use the Website.
- The term "Service Listing Information" means all content (e.g., graphics and text), including any Submitted Content and other information or materials provided by you or made available by you for use on the Website.
- You grant Enjoius a royalty-free, non-exclusive, worldwide, perpetual right and license to use, reproduce, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner, any and all Service Listing Information in connection with (i) the offering of your Services on the Website or (ii) use with the Website, and to sublicense the foregoing rights to Enjoius affiliates. You also grant Enjoius a royalty-free, non-exclusive, worldwide, perpetual right and license, under all rights you may have, now or in the future, to photograph, produce images of or otherwise record the Services, and to use, reproduce, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner, such photographs, images or records in connection with the Website.
- Except as expressly provided herein, neither party will acquire any rights or interest in the other party's trademarks, trade names, trade dress or other intellectual property, and any goodwill generated therein will inure solely to the benefit of the owner party. Each party reserves all of its rights in and to its trademarks, trade names and trade dress, all graphic images and text contained on such party's website, and all other intellectual property owned or licensed by such party.
- Except for the license rights granted in Section 11(c), all intellectual property rights in the Services and Service Listing Information are retained by you or your suppliers and/or licensors.
12. Representations & Warranties
You represent and warrant to Enjoius that (a) the person entering into this Agreement on behalf of the Pro has the authority and full power to do so, and all corporate actions have been taken, and all approvals obtained, that are necessary to make this Agreement binding and enforceable as against the Pro, and (b) your performance of this Agreement is not in conflict with, and will not cause an event of default under, any agreement or instrument to which you are a party or by which you are bound.
During the course of your use of the Website, you may receive information relating to Enjoius that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain Enjoius's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in or use of the Website; (c) you will not otherwise disclose Confidential Information to any individual, company or other third party, and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. All such confidentiality obligations shall survive for a period of 12 months after any termination of this Agreement.
14. Use of Enjoius Transaction Information
You will not, directly or indirectly: (a) disclose or convey any Enjoius Transaction Information (except you may disclose this information as necessary for you to perform your obligations under this Agreement); (b) use any Enjoius Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with Enjoius's or your privacy policies or applicable Law; or (c) disparage Enjoius, its affiliates, or any of their or our respective products or services. The terms of this Section do not prevent you from using other information that you acquire without reference to Enjoius Transaction Information for any purpose, even if such information is identical to Enjoius Transaction Information. The term "Enjoius Transaction Information" means, collectively, information relating to customer orders or bookings, and any other data or information acquired by you from the Website, Enjoius or its affiliates, or otherwise as a result of the Agreement, the transactions contemplated hereby or the parties' performance hereunder. All such restrictions on the use of Enjoius Transaction Information shall survive expiration or termination of this Agreement.
15. Entire Agreement and Modifications
Enjoius may amend this Agreement at any time in its sole discretion. If we amend the terms to this Agreement, we will provide reasonable advance notice and such amendment will be effective upon the effective date posted therein. The manner of notification of any amendment to this Agreement could include, for example, via email, posted notice on the Pro Dashboard, or any other manner. You can view this Agreement at any time at http://www.Enjoius.com/ProAgreement. You are responsible for reviewing the terms and remaining informed about applicable changes. PRO'S CONTINUED USE OF THE WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES. IF YOU DO NOT AGREE WITH ANY CHANGES, YOU SHOULD STOP USING THE WEBSITE AND TERMINATE THIS AGREEMENT.
Except as provided for in this Section, any other modification, amendment, supplement or waiver of this Agreement must be made in writing and duly signed by all parties.
You may not assign this Agreement, or any right or interest herein, without the prior written consent of Enjoius. Any purported assignment in violation of the foregoing will be void. Enjoius will have the right to freely assign this Agreement. Subject to the foregoing, this Agreement will be binding on each party and its authorized successors and assigns.
17. Governing Law
The headings are provided for convenience only and shall not be used in interpreting any provision of this Agreement.
19. No Waiver
No omission or delay by either party in requiring the other party to fulfill its obligations hereunder will be deemed to constitute a waiver of (i) the right to require the fulfillment of any other obligation hereunder; or (ii) any remedy that may be available hereunder.
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Effective December 19, 2014
Last modified as of December 19, 2014
Legal Contact Information
Fax: (310) 400-5662