These Terms and Conditions apply to the website MQ Business Solutions. The use of the site is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this site, you agree to these Terms as well as any other terms, guidelines, or rules that apply to any portion of this site, without limitation or qualification. If you do not agree to these Terms, then you must exit the site immediately and discontinue any use of the information, services, or products obtainable or accessible through the site. These Terms will also apply to any work that you undertake on our behalf. If you have any questions about the Terms, please contact us at info@MQ Business Solutions.com.
Your Use of this Site.
You may use this site only in connection with your search, application, and performance of services or tasks (each, a “Task”) that you may desire to perform for MQ Business Solutions (“We” or the “Company”). If you apply to perform a Task, you must provide complete and accurate information with respect to your application and, if you are selected, with respect to your performance of the Task.
You may not use this site or take any other action that: (i) is unlawful; (ii) violates these Terms; or (iii) could damage, disable, overburden, or impair the site (or any network(s) connected to the site), interferes with any other party's use of the site, or otherwise undermines the integrity of the site or any of its features. You may not use any data mining, robots, or similar data gathering or extraction tools on the site or, unless expressly permitted by the Company’s description for a Task, in the performance of a Task.
You represent that you are not employed by or otherwise controlled by any entity identified on the U.S. Department of Commerce’s Denied Persons or Entity Lists, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List; and you represent that you are not otherwise prohibited from accessing and using this site and any services offered through this site under any applicable laws, including U.S. country sanctions or embargoes.
We retain the right in our discretion to accept or reject any application to perform a Task, to the fullest extent permitted by applicable law.
If you are selected to perform a Task, you understand and agree that: You commit to perform the Task in a professional and timely manner. You, and not the Company, will determine the means and manner in which you perform the Task, subject only to the restrictions set forth in these Terms and the description for the Task. You will perform a Task in your personal capacity as an independent contractor and not as an employee of the Company. You agree that: (i) you are responsible for and will comply with all applicable laws and registration requirements, including those applicable to independent contractors; (ii) nothing in these Terms, your performance, the payment for a Task, or any other interaction between you and the Company (or any contractor or agent of the Company), creates an association, joint venture, partnership, franchise, or employer/employee relationship between you and the Company; (iii) you will not represent yourself as an employee or agent of the Company; (iv) you will not be entitled to any of the benefits that the Company may make available to its employees, such as vacation pay, sick leave, and insurance programs, including group health insurance or retirement benefits; and (v) you are not eligible to recover worker's compensation benefits in the event of injury.
Work Made For Hire.
To the fullest extent permitted by applicable law, any work product from Tasks you perform is a "work made for hire" for the benefit of the Company. You (i) agree that all ownership rights, including all copyright and other intellectual property rights, will vest with the Company immediately upon your performance of the Task, and (ii) waive all moral or other proprietary rights that you may have in that work product. To the extent any ownership rights do not automatically vest in the Company under applicable law, you hereby assign (without the right to any further compensation) all right, title, and interest, including all copyright and other intellectual property and proprietary rights, in and to that work product to the Company.
Materials We Provide.
We may make available certain software, software development kits, applications, instructions, and other materials and information for use in connection with the site or your performance of a Task. As between you and the Company, the Company retains all copyright and other intellectual property and proprietary rights in and to those materials and information. We grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable license to use these materials solely in connection with your permitted use of the site and your performance of a Task. You may not export, re-export, or transmit any of these materials to any country, individual, organization, entity, or other person of any type if such export, re-export, or transmission is restricted or prohibited by applicable law, including laws and regulations administered by the U.S. Departments of State, Treasury or Commerce.
Payment Processing Service.
The Company may use the services of Upwork Global Inc. or other third parties to process payments, disbursements, and related transactions on the site (the "Payment Company Service"). Payments made to you by the Payment Company Service, and your interaction with the Payment Company Service, will be governed by additional terms and conditions set by the Payment Company Service. By accepting our offer to perform a Task, you agree to comply with the terms and conditions set by the Payment Company Service. To the fullest extent permitted by applicable law, the Company will not be responsible for any action or failure to act (including delays or other issues in processing payment to you), to the extent attributable to the Payment Company Service.
You agree that it is your responsibility to determine and pay any and all taxes and duties, including income taxes, that might be required to be paid for any reason in connection with any payments made to you for a Task.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE MATERIALS WE MAKE AVAILABLE TO YOU, THE PAYMENT COMPANY SERVICE, OR THE TASKS, AND DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE SITE, MATERIALS, OR THE PAYMENT COMPANY SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY WARRANTY WITH RESPECT TO THE INFORMATION, CONTENT, MATERIALS, OR SUBMISSIONS INCLUDED ON THE SITE; OR (D) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
You shall indemnify, defend and hold harmless the Company and its affiliates, parents, other related entities, and successors, and their respective officers, directors, employees, trustees, contractors, agents and representatives, collectively, the “Company Parties,” from and against any and all claims, lawsuits, actions, proceedings, costs, losses, damages, liabilities, judgments, tax assessments, penalties, interest and expenses (including reasonable attorneys' fees) that arise out of or relate to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (ii) any actual or alleged infringement or misappropriation of third-party rights by any of your submissions or activities; or (iii) your wrongful or improper use of this site.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THESE TERMS, THE SITE, ANY MATERIALS MADE AVAILABLE TO YOU, THE PAYMENT COMPANY SERVICE, THE TASKS, OR TRANSACTIONS THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS, THE SITE, ANY MATERIALS MADE AVAILABLE TO YOU, THE PAYMENT COMPANY SERVICE, THE TASKS, OR TRANSACTIONS THROUGH THE SITE, EXCEED THE TOTAL AMOUNT OF FEES THAT WE AGREED TO PAY YOU FOR YOUR PERFORMANCE OF TASKS DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
Applicable Law; Disputes.
You agree that any dispute as between you and any of the Company Parties arising from or relating in any way to these Terms, the site, the Payment Company Service, or the Tasks will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted in Manhattan, New York, by the American Arbitration Association ("AAA") under its rules. You will not institute any arbitration without first notifying us and giving us the opportunity to settle your claim at an amount not to exceed the limitation of liability referenced above.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
We may terminate your performance of a Task for any reason and at any time without formal notice to you. Upon termination, we will arrange for payment for any Task that has been completed by you to our satisfaction, not to exceed the maximum amount that had been set for the Task.
These Terms constitute the entire agreement between you and the Company regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and the Company, whether written or verbal, regarding the subject matter of these Terms, unless specifically agreed in writing to the contrary by an authorized representative of the Company with specific reference to these Terms. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of these Terms, including when submitted by you in any order, invoice, bill, receipt, acceptance, confirmation, correspondence or other document.
You may not subcontract, assign, or transfer any rights, obligations or privileges that you have under these Terms without our prior written consent. We may assign these Terms, including in connection with your performance of a Task, in whole or in part, at any time without notice. Any subcontract, assignment, or transfer in violation of this section will be deemed null and void.
Severability; Definition of Including.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
The word "including" as used in these Terms will be interpreted as meaning “without limitation.”
The failure by any of the Company Parties to enforce any provision of these Terms will not constitute a present or future waiver of that provision or limit a right to enforce that provision at a later time. All waivers by the Company Parties must be in writing and signed by an authorized representative to be effective.
Separate terms and conditions apply to your use of sites maintained by Indeed, Upwork Global Inc., and any other third-party sites that you may access in connection with this site. Third-party sites are governed solely by the terms and conditions established by the third-party organizations.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. We encourage you to review these Terms periodically to ensure that you are aware of our practices and your obligations with respect to the site. Your continued use of our site or performance of a Task following any changes signifies your acceptance of these changes.