Jobsx5 > User agreement
User agreement


Last update of user agreement of jobsx5: August 26 2007.


1.1. Objective MEXICANA DE APLICACIONES Y CAPACITACIÓN S.A DE C.V. operating through the website called JOBSX5, hereinafter referred to as JOBSX5 develops, operates and promotes a website offering a micro-job MARKETPLACE, hereinafter referred to as the MARKETPLACE, which serves as liaison between sellers, hereinafter referred to as SELLING USER, and buyers, hereinafter referred to as BUYING USER of micro-jobs. The micro-job may be either virtual or physical and may include products sold via the site and then delivered by the SELLING USER to the BUYING USER. Based upon this user agreement of JOBSX5, participants in this site may be individuals or legal entities, either of public, private or social right, in compliance with legislation of each country, which sell or hire a micro-job from the site. In order to sell or buy a micro-job, users should log into the site. Login is personal and non-transferable. 1.2 Legal age The JOBSX5 site will be available for full age users, in compliance with legislation applicable in each country; or for underage authorized by regional law to perform labor, civil and commercial activities. 1.3. Acceptance of exercise of rights According to this USER AGREEMENT OF JOBSX5, the BUYING AND SELLING USER, accepts that he/she is not (a) citizen or resident of a country that prohibits the use or participation by law, decree, regulation, treaty or administrative act; (b) citizen or resident of, or located at a country or region subject to sanctions or prohibitions by the U.S.A. or by other sovereign countries, including but not limited to, Cuba, Iran, North Korea, Sudan and Syria; (c) an individual or individual hired by or linked to an entity identified in the Checklist of People and Entities not Admitted by the Department of Commerce of the U.S., or Specially Designated Nationals or Blocked Persons List of the Treasury Department of the U.S., or the List of Excluded Individuals of the State Department, or unfit to receive items subject to export control laws or regulations of the United States, or any other economic sanction rule of any sovereign nation.


2.1. User registration of JOBSX5 For the MARKETPLACE of "virtual opportunities" to which the BUYING USER and the SELLING USER subscribe, they should register on the site individually and post the service or services they offer, which shall be classified by categories on the site catalog. The BUYING USER will log into the site of JOBSX5, whenever he/she has a requirement, in order to locate a SELLING USER. For such purpose, he will read the description of the service and if that suits his needs, he will hire through an order placed on line at the site of JOBSX5 and will make payment on line in accordance with terms hereinafter detailed. 2.2. Payment at the MARKETPLACE All micro-jobs offered through the site have a fixed price equivalent to $5.00 (five dollars 00/100 NATIONAL CURRENCY OF THE UNITED STATES OF AMERICA) or multiples of $5.00 (five dollars 00/100 NATIONAL CURRENCY OF THE UNITED STATES OF AMERICA). Money exchanged between SELLING USER and BUYING USER, shall not be property of the site. Whenever a micro-job is hired, the corresponding amount shall be charged to the card of the BUYING USER through a payment intermediary service (PayPal, PayU or any other operating with JOBSX5). During agreement on the micro-job and delivery at BUYING User’s satisfaction, funds will be safeguarded in the account of JOBSX5 through the payment intermediary; once the micro-job is delivered and the BUYING USER accepts it, funds will then be released and delivered to the SELLING USER. 2.3. Fees of JOBSX5 JOBSX5 acts as depositary of the amount paid by the BUYING USER to the SELLING USER while the job is being performed and delivered satisfactorily; likewise, JOBSX5 shall receive as compensation from the MARKETPLACE 20% (twenty percent) fee on payment made by the BUYING USER. Nevertheless, JOBSX5 reserves the right to set different fees under different circumstances, including 0% applicable fees to other services with variable fees, depending upon conditions defined and published by Jobsx5 with respect to the MARKETPLACE. All fees charged by JOBSX5 shall be non-refundable, regardless whether the service is satisfactory or not. 2.4. General Obligations of the User. The SELLING USER and the BUYING USER shall be legally liable for damages caused to other USERS, to JOBSX5 or third parties resulting from comments, observations, or other types of information, libelous content or legally punishable content published in the Platform of JOBSX5. All BUYING USERS and SELLING USERS, should observe laws applicable to them or their activities, and to Policies of JOBSX5, included in this Agreement by reference. These policies may be modified from time to time at JOBSX5's criteria; and, in such case, policies in force shall be considered to become portion hereof. The BUYING USER and the SELLING USER shall be bound not to access the JOBSX5 site through means, which are not, interfaces foreseen, and shall not use Site information for purposes different from those for which it was created. JOBSX5 shall not be legally accountable for comments, information or other content published or made available via the JOBSX5 Platform by any User or third party registered in it and who take part as registered users, even if such information or content is defamatory or legally punishable. 2.5 Identity and Account Security. JOBSX5 reserves the right to validate information from the SELLING USER and the BUYING USER at any given time, including - but not limited to - validation of information, regarding third party database or verification of one or more legal or official governmental documents confirming User identity. The user is the only one responsible for insuring and preserving confidentiality and security of the password used to access the system provided by JOBSX5. The user agrees not to reveal his password to third parties and shall be sole responsible for use or action derived from the use of such password at JOBSX5. Payments between BUYING USER and SELLING USER shall take place via a payment provider, including but not limited to: PAYPAL, PAYULATAM, DINEROMAIL, etc. Site users should be registered with one or more of these independent providers in order to pay for the MARKETPLACE. Privacy and security of data in such platforms is sole responsibility of its USER. JOBSX5 shall not be responsible for any identity or security issue with respect to service rendered by and in the payment platform(s) used by user for operations in the site. 2.6 Offerings at the MARKETPLACE and Requests. No micro-job published at JOBSX5 should contain information that makes it easy or requests for payment of professional fees outside the JOBSX5 system. Offerings should be professional and accurately describe services requested; should not contain offensive language or advertising of other products or services. Offers of micro-jobs should not request services which are illegal or which breach intellectual property rights, copyright or terms of services of other service, product or website. JOBSX5 provides the platform no charge for users so that, through it, they may carry out sell and buy operations of micro-jobs in benefit of users themselves; moreover, revenue received by JOBSX5 results from the fee it charges whenever a micro-job buy-sell transaction takes place. Therefore, it requests and makes it mandatory for users that all transactions be carried out inside the JOBSX5 site. The relationship of users of JOBSX5 among themselves and between them and JOBSX5, is an independent professional rendering deal and should not be interpreted as a subordination relationship of any kind; thus, no labor relationship of any kind exists in compliance with legislation of each country and/or region to JOBSX5, resulting from service rendered. 2.7 No Payment. If either the BUYING USER and/or the SELLING USER cannot pay outstanding amounts as set forth by this Agreement, the account of the accountable USER shall be suspended, no more payments shall be processed, and any micro-job in course shall be canceled. With no limitation to other applicable payables, the accountable USER should reimburse JOBSX5 for payable amounts, additional to applicable charges or penalties, besides a minimum two percent (2%) monthly interest or the maximum allowed by law, legal fees and all other collection costs permitted by law. At JOBSX5's judgment it may compensate unpaid amounts against amounts received or held for the USER, BUYER AND/OR SELLING USER, prepare reports necessary for credit agencies and legal authorities, as well as cooperate with them in any investigation or resulting criminal cause. 2.8 Withholding of funds. JOBSX5 reserves the right to hold funds for the payment of accountable USERS, provided they were subject to reimbursement process. Along these same lines, notice will be given to corresponding authorities so that actions may be taken in accordance with applicable legislation. 2.9 Resolution of Clarification. USERS may file clarification of a micro-job received within three (3) calendar days after receipt, once it has been concluded, and the system has given notice of conclusion. Notice will be sent via the internal messaging system of the site of JOBSX5, which may include e-mail notices to the account of USER, who can be either the SELLING USER or the BUYING USER, requesting clarification, and it is the USER's responsibility to check his e-mail to pay attention to notices, or he may check his account on the site of JOBSX5 in order to see messages and notices delivered, the latter using her password and user name whenever he so wishes. It is responsibility of the BUYING USER to analyze and request clarifications within adequate time spans. Likewise, it will be sole responsibility of the SELLING USER to give notice in due time and form to the BUYING USER whenever a micro-job has concluded; information will be sent via mechanisms considered for such purpose at the site of JOBSX5. Moreover, the SELLING USER shall be sole responsible, and pay close attention to comments, feedback and reviews sent by the BUYING USER .Once the clarification term has elapsed, the Buying User should accept the micro-job as satisfactory. Whenever a micro-job is not be approved, that shall be sole responsibility of the USERS, so JOBSX5 will be free from responsibility regarding the corresponding services even if he may mediate to conduct follow-up to event between USERS. 2.10. Privacy JOBSX5, with address at Manuel M. Ponce, Ciudad Satélite, Naucalpan de Juárez, Estado de México, C.P. 53100, is responsible for processing your personal data, and will use such personal data gathered here for the updating of activities corresponding to the MARKETPLACE, with entitlement to transfer and/or send such information to third parties, thus the SELLING USER and the BUYING USER, agree to terms thereof. For more information regarding processing of your data, please access full privacy notice at our website:


3.1. Requirements of MARKETPLACE The SELLING USER and the BUYING USER understand that all micro-jobs taking place between them: (i) Include terms and conditions of rendering, delivery and receipt of the micro-job; (ii) Explicitly acknowledge JOBSX5 as the beneficiary third party in the MARKETPLACE; and (iii) Do not take responsibilities or guarantees, or execute agreements on behalf of JOBSX5, (iv) Should always manage inside the site of JOBSX5 preventing management or communication, which might take place outside such JOBSX5 site. The BUYING USER and the SELLING USER may define their own terms and conditions for the micro-job; nevertheless, in no aspect shall such micro-job limit or modify rights of JOBSX5. 3.2. Rendering of micro-job The SELLING USER should render micro-job, his Services and/or products object hereof in a professional way. In all cases, the SELLING USER should deliver Product of the micro-job as offered in the description he/she uploaded during publishing of the micro-job. 3.3. No Labor Relationship At no time shall this agreement assume labor relationship or supra-subordination between the SELLING USER, the BUYING USER and JOBSX5. Thus, any labor responsibility shall be excluded in accordance with corresponding national and/or regional legislation. 3.4. Fees. The BUYING USER, should pay the SELLING USER, in advance, all corresponding amounts, under terms hereof, and should, of course, appoint JOBSX5 as agent for the SELLING USER; the latter should take place through JOBSX5 system. Payment obligations of the BUYING USER, with the SELLING USER, shall be met upon payment to JOBSX5. 3.5 Termination of Service Agreement. The BUYING USER or the SELLING USER may terminate micro-jobs at any time; but he cannot recover payment made at the MARKETPLACE. Once the micro-job has been accepted, the SELLING USER shall be bound to deliver the micro-job as specified in his publication. The BUYING USER should make all possible efforts to contact the SELLING USER, using the communication mechanism of the site, in order to make questions and clarifications about the micro-job she is interested in contracting and buying. After payment, micro-job agreed between SELLING USER and BUYING USER cannot be canceled. The only opportunity to cancel without final delivery of the micro-job will be whenever agreement exists between BUYING USER and SELLING USER, regarding cancellation of the micro-job; if that should happen, JOBSX5 may process return to the BUYING USER of the amount he might have paid, subtracting the corresponding fee charged by JOBSX5 resulting from management of the MARKETPLACE.


The BUYING USER and the SELLING USER are completely aware that JOBSX5 is sole and legitimate owner of the JOBSX5 brand, registered before the Insituto Mexicano de la Propiedad Industrial (Mexican Industrial Property Institute), and validated in countries adhering to the Madrid Protocol; and of its distinctive signs, logos, colors and designs. Moreover, it is owner and holder of computer based manuals and knowledge regarding the operation of the main activity and services of the MARKETPLACE Moreover, the BUYING USER and the SELLING USER acknowledge, agree and state that JOBSX5 is sole exclusive owner of the MARKETPLACE business model, holder of patents, industrial designs, graphics, financial models, methods, systems, specifications, brands and operating procedures, service marks and other commercial symbols by which it shall be subject to the protection of Copyright, Mexican Legislation, the Mexican Industrial Property Institute, the Madrid Protocol and, in general, domestic legislation of each corresponding country or region with respect to Industrial Property or Copyright in favor of JOBSX5, and they, therefore, waive exercise of any right or civil, penal, mercantile action, as well as any other action aimed at claiming ownership, taking or having exclusive use of the aforementioned, and are therefore aware of their waiver to such rights. Based on the aforementioned, the SELLING USER and the BUYING USER, through execution hereof, do not acquire any right with respect to the brand, business model, patent machines and functioning, industrial design, graphics, financial models, methods, computer systems, specifications, procedures of operation, service marks, requests in process, copyright, intellectual property, property of JOBSX5, as well as commercial symbols or any other including specifications hereof exclusively belonging to JOBSX5. Parties expressly agree that by virtue of execution hereof, the BUYING USER and the SELLING USER do not acquire any right regarding such copyright and registrations before the National Copyright Institute, with respect to the Paris Convention for the Protection of Industrial Property, or works thereof, image, functionality, reservation of rights, related rights, and, in general, any other figure regulated by corresponding legislation. The BUYING USER and the SELLING USER hereby expressly agree and acknowledge that all agreements derived from this agreement shall be considered as confidential; thus, the BUYING USER and the SELLING USER bind to preserve privacy.


The BUYING USER and the SELLING USER expressly acknowledge, agree and understand that: (i) JOBSX5 system is only a space through which USERS act as BUYERS or SELLERS. (ii) JOBSX5 does not take part in any Service Agreement between BUYING USERS and SELLING USERS; (iii) USERS acknowledge, understand and agree that the SELLING USER is no employee of JOBSX5 and that JOBSX5 does not supervise, directs or controls in any way the work of the SELLING USER or the Services he renders. (iv) JOBSX5 shall not hold responsibility or obligations subject to or regarding micro-jobs or any other act or omission of the Users; (v) JOBSX5 does not have control over SELLING USERS or over Services that SELLING USERS promote or render; (vi) JOBSX5 is not responsible for reliability, skills or abilities of any SELLING USER, or for the quality, security or legality of services. JOBSX5 facilitates at the site, necessary information fields so that SELLING USERS may explain and describe micro-jobs offered and it is the BUYING USER’s sole responsibility to read and review information that each SELLING USER has published and based on that determine pertinence to acquire micro-jobs o contact the SELLING USER through communication mechanisms facilitated inside the JOBSX5 site so that he may ask questions and request clarification on micro-job(s) published by the SELLING USER.


To the degree that the BUYING USER or the SELLING USER, share Confidential Information with the other party JOBSX5, the recipient should protect privacy of Confidential Information with the same care as he does with his own confidential information, he should not: (i) Disclose Confidential Information to anybody excepting, in the case of JOBSX5, a SELLING USER involved in the MARKETPLACE; and (ii) Use Confidential Information except whenever necessary to render micro-job (including but not limited to storage or transmittal of Confidential Information in or through JOBSX5 system for the use of the SELLING USER). Whenever information is no longer required for the rendering of Services of the MARKETPLACE, or upon written request from the BUYING USER or the SELLING USER, whichever the case, either of them will immediately destroy or return Confidential Information and copies kept at their offices, systems or any other equipment under their control. The SELLING USER or BUYING USER, as the case may be, agrees to give written certification to the party delivering Confidential Information in compliance with this Section within ten (10) days after receipt of written request of certification by the party delivering information. Without limitation to this Section, neither the BUYING USER, nor the SELLING USER, nor JOBSX5 may publish, or generate publishing of Confidential Information or Work Product, except whenever necessary for the rendering of Services detailed in the Agreement.


JOBSX5 does not make any statements or guarantees regarding the MARKETPLACE or any other activity or item regarding this agreement. Within limits allowed by the law, JOBSX5 waives all conditions, explicit or implicit, statements and guarantees, including but not limited to, marketability guaranties, non-infringement and suitability.


In no case shall JOBSX5 be responsible for costs or special, consequential, incidental or exemplary damages, litigation costs, installation and withdrawal costs, loss of information, production or profit.


Each SELLING USER and/or BUYING USER should indemnify, defend and exclude liability from JOBSX5 with respect to each claim, damage, liability, costs and expenses (including but not limited to, reasonable legal fees and all other associated costs and expenses) resulting from or linked to claims, ruling or awarding of a MARKETPLACE or action or omission carried out by such user that violate Property Rights or other rights of a third party.


Term of this Agreement begins on the Effective Date in which the micro-job is hired and continues until conclusion. SELLING USER and BUYING USER, may terminate this Agreement at any time, with or without cause; such termination will be in effect upon delivery of a written notice to the other party (or upon cancellation or suspension of the User account) provided such termination of convenience does not affect validity of micro-jobs performed before termination; thus, this Agreement shall be in force for such Service Agreements.


This agreement is the total agreement and understanding between the parties with respect to its subject matter and cancels or invalidates debate, agreement, statement, guarantee and other previous or simultaneous communications between both parties. In no detriment of the aforementioned, the SELLING USER and BUYING USER may enter any other complementary or written agreement they deem pertinent, provided existence of express permission by JOBSX5. Terms and conditions of this Agreement, however, shall rule and replace any other term or condition of complementary agreement aimed at expanding obligations of JOBSX5 or restricting rights of JOBSX5 under this Agreement. The SELLING USER or the BUYING USER shall not violate any law or right of third party in or regarding JOBSX5 system. Without limiting the general character of the above, the User agrees to observe all import and export control laws in force, as well as Property Rights of third parties. This User Agreement of JOBSX5, as well as any controversy, dispute or claim derived therefrom o regarding it shall be ruled and interpreted according to the laws and courts of Mexico City, Federal District.