Hire Her Services Agreement – April 2021
Our aim is to create an online marketplace empowering woman and business to work on their own terms, to collaborate on a range of projects and to support the growth and success of one another. We believe our Service provides just that.
This Agreement is important and governs your relationship with Us. By registering for a Hire Her Account, either as a Hirer or a Freelancer (or in some instances, as both), you agree and accept the terms and conditions set out in this Agreement. We recommend that you take your time to read and understand the terms and conditions set out below. If you are entering into this Agreement on behalf of a company, you hereby acknowledge and confirm that you are authorised to bind that company to this Agreement.
We may from time to time, amend this Agreement without notice to you by publishing the updated Agreement to the Hire Her Site, with immediate effect. Your continued use of the Hire Her Site and Services will imply your consent to the revised Agreement.
- Your Account with Hire Her
To access all our Services you will be required to create a Hire Her Account. To be eligible for a Hire Her Account you must:
- be at least 18 years old and have legal capacity to enter into contracts;
- be a resident in New Zealand or Australia;
2.2 be a New Zealand or Australian business, or operate as a business (for example a self-employed individual); and
- complete our Account set up process and provide true and accurate records.2.2 Account profile
You will be required to register for an Account as a Hirer or a Freelancer, or both. Our Services permit you to register both a Hirer and a Freelancer however you will be required to create profiles for the function within your Account. You will only be permitted to create one (1) Account. In some cases, we may permit you to register for a Hire Her Account using details provided through a third-party service such as a social media account. If you do so, you will permit us to access, store and use your information from that third party service subject to their terms and conditions.
By creating a Hire Her Account, you agree for your profile information that you provide us with to be made publicly available on our Site.
You hereby undertake that the information that you provide will be true, accurate and complete and that you will maintain the accuracy and completeness of your Account. You undertake to not provide any false, deceptive or misleading information, or information that would be likely to be, or becomes, false, deceptive or misleading.
We reserve the right to terminate your Account if any of the information that you have provided is not true, accurate or complete, or for unwarranted use of our Site and Services, or if in our sole discretion, we determine that you have breached any term of this Agreement.
2.3 Usernames and passwords
Your Hire Her Account details are important and you agree to keep your login credentials confidential. You acknowledge that you are solely responsible for the activity on your Account and to protect your details. You agree that you will notify us immediately if you suspect, or become aware of any unauthorised use of your Account.
2.4 ID verification
2.5 User Reviews
We value User Reviews and think it’s a great way to promote our Users and grow our online marketplace. Following the completion of a Project, each User will be able to create a review which will be publicly available on the reviewees profile. Each User agrees to act in good faith and post true and accurate reviews.
You acknowledge that Hire Her does not monitor nor investigate any user reviews, unless it is subject to a dispute which we are informed of by you. You will not hold Hire Her liable (in any manner whatsoever) for a review published by a User. Notwithstanding the foregoing, Hire Her reserves the right (but is not required to) remove any feedback or information in its sole discretion.
- What we do
3.1 Our Mission
Our aim is to create an online marketplace empowering woman and business to work on their own terms, collaborate on a range of projects and to support the growth and success of one another.
To realise our purpose, we have created a Site where a Hirer can advertise a job or search for a suitable candidate through our catalogue of brilliant Freelancers, and a Freelancer can advertise their talent which promotes their talent and services.
We understand that projects can be difficult and we aim to make it that much easier by hosting and maintaining the Site and providing assurances and security features to both Hirer’s and Freelancer’s for peace of mind.
3.2 Your relationship with Hire Her
We provide our Site and Services to make finding talent, jobs and completing projects easier. We do not introduce Hirer’s to Freelancers, nor do we promote jobs to Freelancer’s.
Each User, being the Hirer or the Freelancer is responsible for their own actions on the Site, including determining the scope of the job, searching for available jobs or relevant talent, and determining whether the job and/or talent is fit for purpose.
Whilst Hire Her provides a service which enables a Hirer and Freelancer to discuss and agree upon terms or a scope for a potential project, we are not party to any formal documentation of the arrangement (if applicable or required by either party). You acknowledge, agree and understand that we are not party to any relationship, negotiation or dealings between the Hirer and the Freelancer. The Hirer also accepts that we do not supervise, direct, control or evaluate the Freelancer’s work. You hereby undertake that you will not hold us liable for any dispute in your dealings with the other Party.
Without limitation, the Hirer and Freelancer are responsible for:
- ensuring accuracy in any job advertisement or Account profile;
- for providing true and correct information during the discussion for a potential project;
- determining the suitability of a Freelancers talent, or ability to complete a project advertised by a Hirer;
- formally documenting any ancillary agreements (if so required); and
- completing any verification checks (such as interviews or references).
- Payment terms4.1 Service Fees and payment
The Freelancer acknowledges and accepts that Hire Her will deduct a 5% Service Fee (excluding GST) from the fee payable to the Freelancer. Hire Her reserves the right to change the Service Fee at any time and without notice to the Users.
The Site and the Services we provide operate in New Zealand dollars and Australian dollars. If a Users payment method is denominated in another currency, that User in its sole discretion and risk, will accept processing or payment of the fee in accordance with the foreign exchange currency conversion rates applicable at that time.
The Hirer will pay the fee through the online payment portal provided by Hire Her for fixed jobs and milestone payments. Hire Her will hold those funds in escrow until the project/milestone has been completed and the upon the Freelancers instructions to withdraw the payment. The Freelancer acknowledges that payment requests will be processed within 7 Business Days. The Freelancer agrees that it will not receive any interest or other earnings the fees held on its behalf by Hire Her.
Notwithstanding any other term of this Agreement and without limiting the foregoing, we may in our sole discretion, withhold payment of any Fees if (i.) there are processing delays on our payment gateway portals, (ii) we are informed of an issue regarding a Project which is not resolved, (iii) we suspect fraud or (iv) are required by applicable law.
4.2 Taxes and Formal Invoices
Hire Her will create a recording keeping invoice which is sent to each User when a Project is confirmed. This invoice is not a formal invoice and we accept no responsibility for the issuing of formal invoices.
Hire Her is not responsible for determining, remitting or withholding any taxes applicable to the Fees. Each User will be responsible for determining whether they are required to issue formal invoices and the payment of any relevant taxes.
The Users acknowledge that Hire Her will not be liable for any non-payment of fees by a Hirer. If a Hirer fails to payment the Freelancer upon completion or a job or milestone, Hire Her may suspend the Hirer’s account.
4.4 No Return
The Users agree and accept that following the acceptance of a Project, Hire Her will charge the Hirer a fee, which will be payable to the Freelancer upon its direction following the completion of a job or milestone in relation to that Project.
The Users accept that, to the extent permitted by applicable law, the payment of Project fees are non-refundable and the Hirer agrees that it will not withhold or restrict payment to Hire Her.
4.5 Payment Methods
In order to use our Services as a Hirer, you will be required to provide certain account information for a valid payment method. The Hirer hereby authorises Hire Her to store any details regarding the payment method and to charge the payment method in accordance with this Agreement. For as long as the Hirer uses our Services, the Hirer continuously undertakes that the Hirer has sufficient funds available to charge the payment method. Our payment providers may charge additional fees for their service, Hire Her is not responsible for the payment of those fees.
We believe in the value our Service can create and have put in a lot of work to see our vision come to life. Our success lies within the success of the Hirer’s and Freelancers and we put our faith in you to make our Hire Her community prosper.
Without limiting the foregoing, the Hirer and Freelancer agree not to:
- offer, solicit or accept any proposal from a User identified through the Hire Her site, in any manner other than through the Hire Her Site;
- agree to a payment in surplus of, and not processed through, the Hire Her Site; and
- refer a User to a third-party for their services or project in any manner other than through the Hire Her Site.
Each User hereby agrees to notify Hire Her immediately if they are approached by a User to seek an engagement outside of our Service.
- Agreement between Hirer and Freelancer
Hire Her provides an online marketplace where Hirer’s and Freelancers can connect and agree on entering into Projects together. Hire Her is not party to any Agreement between the Users. Each User agrees that the use of the Hire Her Services will not create any employment, contractor, partnership or joint venturer relationship between the User and Hire Her.
The need to enter into any formal contract for a Project (for example, to document confidentiality or intellectual property agreements) will be determined at the sole discretion of the parties to a Project. Notwithstanding the foregoing, each User agrees that it will not enter into any agreement with another User that will affect the rights of Hire Her.
Whilst we will endeavour to provide you with the best experience when using our Services, you agree that to the maximum extent permitted by applicable law, Hire Her is not liable for any loss suffered by you either directly or indirectly. You agree not to hold us liable, for any loss or damages arising out of or in connection with this Agreement and our Services (including but not limited to your use or inability to use our Services, any deemed losses suffered as a result of our Services, or any other Users acts or omissions).
In the event that Hire Her may be deemed to be liable, then you hereby agree that our maximum liability to you will be capped at two times (x2) the fee payable by you or to you (depending on your user status) for any given Project).
Each User agrees to indemnify and hold us harmless against any claims arising from you or any third party in relation to (i) your use of the Hire Her Site and Services, (ii) a Users failure to complete a Project, (iii) your breach of this Services Agreement, (iv) your failiure to comply with applicable law or (v) negligence, wilful misconduct or fraud. Your indemnity under this clause covers all losses, damages or expenses that we may suffer or incur.
Each User’s experience and enjoyment of our Services is important to us, therefore we grant you a limited, non-exclusive, non-transferable and revocable licence to our Hire Her Site and Services, in accordance with this Agreement.
You accept and acknowledge that you have no rights to Hire Her’s intellectual property and you undertake to not reproduce, copy, store, distribute, publish, modify, reverse-engineer any part of our Site or Services.
This Agreement will be effective from the date you sign up to our Services and will continue until you terminate your membership by deleting your account with Hire Her. In the event that you have any open Projects at the time of termination you agree and accept that you will be continue to be bound to this Agreement until all jobs are completed. We may, in our sole discretion, terminate your account, and provide you with notice of the same.
Users may not assign their rights or obligations under this Agreement without Hire Her’s prior written consent. Hire Her may assign its rights and obligations under this Agreement at any time without obtaining any User’s consent and without prior written consent.
- Entire Agreement
- Force Majeure
The Parties to this agreement will not be responsible for the failure to perform or any delay in the performance of any obligation resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties, civil unrest, governmental requirements and regulations or restrictions imposed by law or similar conditions. Each party agreements to make a good faith effort to perform its obligations under the Agreement however if an Event of Force Majeure continues for a period of 60 days, either party may give to the other party a 30 day notice of termination. If the effect of Force Majeure continues, the Agreement shall terminate.
This contract is governed, construed and enforced in accordance with the laws of New Zealand. Any dispute arising out of in connection with this Agreement shall be dealt exclusively in the Courts of New Zealand.
Should any provision of this Agreement be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Agreement shall unaffected and continue to be valid and enforceable.
“Account” means a Hirer, Freelancer, or where applicable, dual Hirer an Freelancer account created on the Hire Her Site.
“Agreement” means this Hire Her Services Agreement, any updates to the Agreement as published on the Hire Her Site and all applicable polices.
“Business Days” means any trading day in which New Zealand Banks are authorized to operate, excluding Saturday, Sunday and any day where a public holiday observed is in New Zealand.
“Freelancer” means any registered user to who uses to site advertise its services and engage in Projects with a Hirer.
“Hirer” means any registered user who uses the site to obtain the services provided by a Freelancer to engage in Projects.
“Hire Her Site” means any Hire Her site or application where the Hire Her Services are provided.
“Party or Parties” a Hirer or Freelancer.
“Project” means an engagement for a service by a Hirer which is agreed to and provided by a Freelancer.
“Services” means any one of more of the Services offered by Hire Her which are accessible through the Hire Her Site, mobile application (if applicable) or otherwise.
“Service Fees” means the fee that you pay to Hire Her for the Services we provide.
“We, us, our and Hire Her” means a reference to Hire Her Limited.
“You” means a reference to you.