Organization Supplemental Terms.
Last updated: August 2021
Capitalized terms used in these Organization Supplemental Terms (these “Terms”) have the meanings set out in the Ambimi Terms of Service available at [ https://www.ambimi.com/terms-of-service ] (the “Agreement”) unless otherwise defined in these Terms.
If you have registered to use the Service as an Organization, in addition to the terms and conditions of the Agreement and the Privacy Policy, you agree to be bound by the following terms and conditions:
1. Service Arrangement
1.1 You may use the Service to post requests for Jobs to be provided (each a “Job Request”). Each Job Request must be clearly worded, correctly provide for the relevant category of service, and be a fair and accurate description of the work to be performed. When posting a Job Request, the Organization is solely responsible for confirming the accuracy of all information provided, including the work requested to be performed and the location where the Job is to be performed (the "Job Location"). Each Job Request is limited to one discrete Job. If an Organization wishes to obtain help with more than one Job, the Organization must post a separate Job Request for each Job requested.
1.2 You may create and manage Job Requests through the Service. You are under no obligation to post Job Requests. However, following a Professional’s acceptance of a Job Request, you must facilitate the Job in accordance with the Job’s specifications, unless you cancel the Job pursuant to Ambimi’s then-current Job cancellation policies (collectively, the “Cancellation Policy”), made available at [ https://www.ambimi.com/cancelation-policy ].
1.3 By posting and confirming a Job Request, you understand and agree that you have made an offer, for which a Professional may apply for your approval, or in some cases accept or reject immediately. You understand that once a Professional accepts your Job Request, we will notify you with information about the Professional, which may include the Professional's name, photo, customer service rating and near the scheduled time of the job, a geographical estimate of the Professional’s location. You will also be able to contact the Professional by telephone or text message for the sole purpose of communication related to the Job.
1.4 By posting a Job Request, you represent, warrant and covenant to Ambimi that: (a) you will maintain the Job Location in a manner that permits the Professional to access the Job Location and perform the Job in a safe and legal manner; (b) you have the right to grant the Professional access to the Job Location to perform the Job; and (c) you will be present at the Job Location or will have a representative at least the age of majority in your jurisdiction of residence present at the Job Location at all times to supervise the Professional while the Job is being performed.
1.5 We will take reasonable efforts, but are under no obligation, to connect you with a Professional who is available to provide the Job outlined in your Job Request, subject to your location, the Job requested, the availability of Professionals willing to accept the Job Request and other conditions beyond our control. We do not guarantee that your Job Request will be accepted or responded to within the timeline prescribed for the respective Job category, or at all.
1.6 Any references within the Service or on the Site to a Professional being rated, verified, vetted, licensed (where applicable), qualified or similar language only indicates that the Professional has completed the relevant registration process, and does not endorse, certify, or guarantee the Professional or their identity, trustworthiness, suitability, or ability to perform the Job. When interacting with Professionals, you should exercise due diligence, caution and common sense to protect your personal safety and property.
1.7 Organizations contract directly with Professionals for Jobs. Ambimi will not be a party to any agreements or contracts for Jobs. Ambimi coordinates payments between Organizations and Professionals but does not act as a prime contractor for the Jobs and nothing in Ambimi’s involvement in the payment process makes Ambimi responsible for the Jobs. Your contracts for Jobs are with the applicable Professional in each case, not with Ambimi. In the event that any Professional is determined by a governmental or regulatory body or otherwise deemed to be an employee in connection with their performance of a Job for you, you agree that, as between you and Ambimi, you alone shall be the employer of such Professional and Ambimi will not be responsible or liable in any manner for the consequences of that employment relationship.
2. Use of Service by Organization Personnel
2.1 Once you sign up for an Account, you will have the ability to add employees or other personnel (each, an “Authorized Personnel”) to your Account through the authentication process provided as part of the Service. As part of the authentication process, you will be provided with an authentication code that the Authorized Personnel must use to become affiliated with your Account. You are solely responsible for all activities of each Authorized Personnel that occur under or in connection with your Account or the Job Requests you or your Authorized Personnel create and manage.
3. Facilitation of Jobs
3.1 You agree to facilitate all accepted Job Requests fully and in accordance with the job parameters and other specifications established by the Job Request, unless otherwise cancelled in accordance with the Cancellation Policy. Full facilitation will typically include, but is not limited to: (a) meeting the Professional at the Job Location fifteen (15) minutes prior to the Job start time; (b) adhering to instructions you outlined in the Job Request; and (c) ensuring that Professionals are supervised at all times during which they are at the Job Location and working on the Job. Failure to comply with this Section 3.1 will constitute a material breach of the Agreement.
3.2 Ambimi does not control the manner or prescribe the method used to facilitate or perform Jobs. You and the Professional you engage to perform a Job, and not Ambimi, are responsible for any such facilitation and performance.
3.3 Ambimi is not responsible for supplying any equipment or tools necessary to perform the Jobs. To the extent you require a Professional to supply their own equipment or tools to perform a Job, you will be responsible to notify the Professional of such requirements prior to their acceptance of the Job Request.
3.4 Nothing in the Agreement will preclude Ambimi from doing business with other Organizations, nor preclude you from entering into contracts similar to the Agreement with other recruitment agencies or service providers. Ambimi will not restrict you from offering or facilitating Jobs with any other company, business or individual, or from being engaged in any other occupation or business. Notwithstanding the foregoing, you acknowledge and agree that, during the term of the Agreement, you shall not use your relationship with Ambimi (or the information gained therefrom) to divert or attempt to divert any business from Ambimi to a third party that provides recruitment services in competition with Ambimi.
3.5 You acknowledge and agree that Ambimi may release your contact information to a Professional upon that Professional’s request in connection with your Job Requests that have been accepted by that Professional and Jobs that have been performed for you by that Professional.
4. Service Fees & Payment
4.1 In exchange for your access to and use of the Service and the Site, including the right to receive Job Requests, for each accepted Service Request you agree to pay to Ambimi the fee as described and made available at [ https://www.ambimi.com/payment-policy ] (the "Ambimi Fee").
4.2 You will be responsible for paying invoices for each Job performed pursuant to a Job Request submitted by you (each an "Invoice"), which will include the pricing terms of the Job agreed to between the Organization and the Professional and the applicable Ambimi Fee. Pre-authorization for and payment of each Invoice shall be processed by the Payment Processor as described at [ https://www.ambimi.com/payment-policy ]. The Payment Processor will charge your credit card, or any other accepted payment method, according to the amount you have agreed to through the Service with respect to such Job. Following receipt of payment of each Invoice, the Payment Processor will remit the amounts owed by you to the Professional, and upon confirmation of such payment, we will mark the relevant Job as closed.
4.3 All payments by you to Professionals for Jobs must be made through the Service. Unless otherwise agreed to by Ambimi, fees will be invoiced to you in advance of each Job and will be refunded if a Professional does not arrive for a Job. There will be no refunds or credits for partially completed Jobs. We reserve the right to modify our billing rates at any time upon 30 days’ written notice by posting such fee changes to the Site or through email notification to you. You will be liable to pay such modified billing rates.
4.4 You will be solely responsible and liable for any and all taxes incurred in connection with the fees charged under the Invoices, except for income taxes incurred by Ambimi or the Professionals related to the receipt of such fees.
5. Rating System
5.1 You acknowledge that Ambimi desires to provide Professionals with the opportunity to connect with Organizations who maintain the highest standards of professionalism. For quality assurance purposes, we have developed a rating system designed to determine the level of professionalism displayed by an Organization through Professional feedback. Ambimi uses the rating system to determine the quality of Organizations. Organizations with low ratings may be limited in their right to respond to post Job Requests. Ambimi reserves the right to suspend or terminate your access to and use of the Site and/or Service, or any portion thereof, if your rating falls below a certain threshold, determined by Ambimi in its sole discretion. Ratings and any comments or reviews associated with them are entirely at the discretion of the Professionals. Ambimi is not responsible for any rating or review and will have no obligation to you to change any rating or review with which you disagree. If you disagree with a rating or review, your sole remedy is to refrain from any further use of the Site and Service.
6. Insurance & Indemnification
6.1 As between you and Ambimi, you are solely responsible for obtaining and maintaining any insurance coverage required or otherwise desired by you in connection with your engagement of Professionals to perform Jobs through the Service. At a minimum, at all times during your use of the Service, you will carry and maintain: (a) any insurance required by law; and (b) any other form of liability insurance customarily carried by businesses similar to the business you carry on at the Job Location, in commercially reasonable amounts per accident or occurrence and in the aggregate.
6.2 You hereby indemnify, defend and hold harmless Ambimi and its affiliates, and their respective officers, directors, agents, shareholders, employees and representatives, from and against any and all damages, injuries, claims, demands, actions, liabilities, costs and expenses (including reasonable legal fees) incurred or made against Ambimi arising from or connected with your engagement of Professionals to perform Jobs or your breach of warranty, representation or covenant herein including, without limitation, any liability that Ambimi may incur to any authority for source deductions, taxes and any other remittance obligations with respect a Professional’s performance of Jobs for you and the payment of fees for such performance.