TERMS OF USE

1. Introduction

Welcome to Naybrjobs.com, the official website and platform (“Platform”) of Naybr, a service owned and operated by Naybr, Inc. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “ Naybr,” “Naybrjobs.com,” “us,” “we,” and “our,” refer to us, Naybr, Inc., our website, Naybrjobs.com, or our service, Naybr, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.

2. Description of Service

Naybr is a search engine that permits consumers, local workers, and service professionals (“Service Providers”) to connect with each other. If you are a consumer, you can fill out the details of a job or service you would like to have performed using our online/app form, and a local worker or professional can connect with you to get your work finished. If you are a worker or professional, you have the ability to search, find, and accept jobs by city, price range, and keyword.

3. Information Supplied and Using our Site

    In order for you to sign up with us, you may be required to provide your name, e-mail address, mailing address, zip code, credit card information,bank account information, last 4 digits of your social security number, government issued ID, and telephone number. We will also ask you general questions about the services you are requesting. In addition to providing us with the above information, you must be at least eighteen years old to sign up for our service, or, if a higher age of contractual capacity exists in your jurisdiction, then you must be at least that age. In addition, when interacting with our Site or the Naybr service you agree that:
  • You will not deceive us or any of the Service Providers on our platform or any of the other Workers on our platform;
  • You will not use the site or the Naybr platform to engage in any illegal conduct, allude to or request any illegal services;
  • You will not request any payment outside of the naybr system including but not limited to requests for check, cash, or wire payment of any kind;
  • You will not request services for anyone with whom you do not have authority to conduct business on their behalf;
  • You will not harass and/or stalk any employee, member, or Service Provider or behave in lewd conduct;
  • You will not post, submit, or convey any false, misleading, unlawful, defamatory, untruthful, inaccurate, obscene, invasive, threatening, harassing, inflammatory, or fraudulent content or information;
  • You will not Impersonate any person, entity, or company;
  • You will not use our Site to send “spam”, texts, phone calls, or other unsolicited commercial or non-commercial material to any of our other members;
  • You will not use us to “secret shop” other businesses;
  • You will not hack, crack, phish, SQL inject, install any code that is malicious or manipulates the site in any way, or otherwise compromise the security, safety, or privacy of our Site or our network, servers, member accounts, mobile numbers or access to the numbers, or the computers of our users;
  • You will not engage or solicit any other users to buy or sell products or services unless expressly authorized by Naybr;
  • You will not share your login and password with anyone;
  • You will not run any script or other program which is designed to search, index, or aggregate the User Content or other information on our Site, unless we have given you our express written consent to do so, which we may revoke at any time;
  • You will not post any reviews that are false, defamatory, or invade another’s privacy (if we give you the option of providing a review)

4. Payment

Job Posters

Our basic service to post a job is free to use for consumers who post prior to a job being accepted and approved. Once a job has been accepted by a worker, the posting consumer is responsible to pay the price they set plus a $2.00 safe jobs fee upon acceptance and approval of the job. All jobs may be auto approved if they have not been reported or manually approved within 24 hours. A consumer posting a job may cancel the acceptance of a job which will immediately re-post the job on the platform. Once an acceptance is cancelled the consumer may also choose to edit and un-publish the job. Canceling an acceptance may result in a one time $5.00 cancellation fee per cancellation.

Standards for work payment (posters)

Except for very poor workmanship, workers are almost always paid once you approve the job. If you report a job, payment to a worker may be delayed until a resolution is found. Posters or Workers who violate our terms of use can be banned from our site on a case by case basis. Moreover, the two way rating system allows a consumer who posts a job to provide a poor rating to worker that does not perform to expectation. This encourages high quality work and since workers are only allowed to accept jobs with 3 stars or higher, prevents low scoring users from accepting multiple jobs. If there is a situation in which the work quality is so poor, or the work was not done at all (e.g the worker did not show up), the poster may email support@naybrjobs.com for assistance. Consumers who post jobs should take pictures before and after the work is completed. Workers are instructed to do the same.

Workers

If you are a worker, you will only be charged a fee based on our Fee Per Job model, which is a 20% fee of the total amount of the job.

Do not skirt the system for payment, you will be charged.

If you skirt the system and accept payment in any form outside of naybr for a naybr posted job you may be charged the amount of the job and /or have your account blocked from accepting future jobs Once a job has been reported complete by you the worker, and approved by the posting consumer, we will deposit funds into your bank account on file. Your first bank transfer may take 7-10 days. Subsequent transfers should take 2-3 days as long as all information provided to us is accurate (address, date of birth, phone, and last 4 of social, etc).

Standards for work payment (workers)

Workers are generally always paid except for terribly poor work and no shows. Naybr, Inc reserves the right to evaluate work and make the final call on jobs that are reported by a consumer who has posted a job and believes the job is not completed or should not be paid.

However, Job Posters rate workers and workers with low ratings will not be permitted to take additional jobs on the platform. Moreover, jobs performed and documented to be very poor workmanship may be evaluated by the Naybr team and we may revoke payment and refund payment to the posting user if we think this is the right thing to do. Workers are encouraged to take and upload before, during, and after photos to the application available on the job details page and via "/myjobs/2".

Professional Service Providers

If you are a Professional Service Provider and have signed up for our separate premium advertising service, you will be charged our Fee per Job model of 20%, along with a monthly fee of $49.99. This fee is understood, and agreed upon, by you the service provider when you register for a premium account with us. There also may be service fees where applicable.

Professional Service Providers are eligible for jobs marked as “Skilled Labor”. In exchange for your monthly service fee, Naybr will complete a background and licensing check. If eligible, Naybr will certify your profile to allow you to accept jobs that consumers posts for “Licensed Service Providers” only so long as you are in compliance with our terms of service and the consumers requirements for ratings and pricing.

5. Privacy

To ensure the best provision of our service to customers and service professionals, we record any telephone calls, or messages that may take place through our service. You authorize us to make these recordings and to store and distribute them as required.

6. Intellectual Property

“Naybr, Inc.” is a unique trademark. You may not use our trademark, trade dress, or copyrighted content, or copy the look and feel of our website or its design, without our explicit, written consent. Copying the look and feel of our website includes using similar phrases, such as “naybrhood.” You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph. We may use your likeness or story, including any experience with a Service Provider, to post on our Site. We will not use your name unless you have given us permission. We may post this, along with any business logo or content (“works”) and you are giving us a revocable, sublicensable, royalty free, perpetual license to use, display, and distribute such works both for commercial and non-commercial purposes.

7. DMCA Notices

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains: Your name The name of the party whose copyright has been infringed, if different from your name The name and description of the work that is being infringed The location on our website of the infringing copy A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our Copyright Agent at: Naybr, Inc. 1324 Lake Dr SE, Suite 1 Grand Rapids, MI 49506 If sending the notification by e-mail, an electronic signature is acceptable.

8. Representations & Warranties

As mentioned before, we are an intermediary between you and potential service providers. Any issues that may arise concerning the service provider and you, are between you and them. While we may have certain responsibilities connected with our Platform those responsibilities are limited. We may terminate any relationship we have with either you or the service provider in performing our services, without notice, and without any compensation for any loss. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE USE OF ANY SERVICE PROVIDERS SERVICE, OR PARTICIPATION IN ANY OF OUR RELATED SERVICES. NAYBR PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, SERVICE, ANY PRODUCT OR SERVICE PROVIDER INFORMATION PROVIDED THROUGH THE SITE, OR VIA THIRD PARTY LINKS, OR VIA ANY BROADCAST TO PROVIDERS, AND NAYBR SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH USE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICE PROVIDERS, ADVICE, OR ANY SERVICE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR VIA THE SERVICE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. IF YOU, OR THE ENTITY YOU REPRESENT, ARE LOCATED IN A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. WE DISCLAIM ALL LIABILITY TO THE FULLEST EXTENT PERMITTED. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER, EVEN IF WE KNEW OR SHOULD HAVE KNOWN. OUR LIABILITY IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY, TO THE EXTENT PERMITTED BY LAW OR TO THE AMOUNT YOU HAVE PAID UNDER THIS CONTRACT FOR THE PAST YEAR.

9. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

10. Choice of Law

This Agreement shall be governed by the laws in force in the State of Michigan.

11. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Michigan. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that if you bring a dispute against us and the court finds in our favor, you will be responsible for our reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.

12. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

13. Severability

In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unlawful or unenforceable provision being included in it.

14. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

15. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will notify you and request that you agree to the amendments. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service.