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Task Contract

MODEL TASK CONTRACT

Last updated:   [13 March 2020]

This Task Contract is made between the Task Recipient and the Task Provider only and neither iTask nor any of its affiliates or related corporations are a party to this Task Contract.

The Task Recipient and the Task Provider may not, by agreement amongst themselves, alter the rights or responsibilities of iTask, any of its affiliates or related corporations, or agree to any provision that would violate iTask’s Terms of Use ([link]) or iTask’s Acceptable Use Policy ([link]).

In the event of any conflict between the Terms of Use and this Task Contract, the Terms of Use shall prevail to the extent of such conflict.

All capitalised terms not otherwise defined herein shall have the meaning given to them in the Terms of Use.

Unless otherwise agreed, the Task Recipient and the Task Provider enter into a Task Contract on the following terms:

1. Commencement date and term

  1. This Task Contract is created when a Task Offer is accepted by the offeree of that Task Offer, and is supplemental to that Task Offer.
  2. This Task Contract will continue until terminated in accordance with clause 7.

2. Services

  1. The Task Provider shall perform the Task Services at the time and location agreed with due care, skill and diligence.
  2. The Task Recipient and the Task Provider must each perform their obligations in accordance with the Terms of Use and any other terms and conditions agreed by and between the Task Recipient and the Task Provider during or subsequent to the creation of this Task Contract.

3. Warranties

  1. The Task Recipient and the Task Provider each warrant that the information provided in the creation of this Task Contract is true and accurate in all respects.
  2. The Task Provider warrants that (a) he, she or it (as the case may be) has the right to work and provide the Task Services; (b) the provision of the Task Services will comply with all applicable laws and regulations; and (c) he, she or it (as the case may be) hold the relevant permits, licences, consents and approvals to perform the Task Services in the jurisdictions in which the Task Services are or are to be performed.
  3. The Task Recipient warrants that (a) he, she or it (as the case may be) has the right to receive the Task Services; (b) the receiving of the Task Services will comply with all applicable laws and regulations; and (c) he, she or it (as the case may be) hold the relevant permits, licences, consents and approvals to receive the Task Services in the jurisdictions in which the Task Services are or are to be received.

4. Payments

  1. The Task Recipient and the Task Provider each acknowledges and agrees that the payment of all Task Fees shall be through such payment methods as agreed between the Task Recipient and the Task Provider and permitted by iTask.
  2. If payment is through cash, the Task Recipient and the Task Provider shall be responsible to each other for such cash payment, and iTask shall have no duties nor liability whatsoever in respect of such cash payment.
  3. If payment is through credit or debit card:
    1. pending Task Completion, the Task Fee shall be paid to iTask through the Platform in the manner prescribed by iTask pursuant to the Terms of Use;
    2. the Task Fee (less all fees chargeable by iTask pursuant to the Terms of Use) shall only be released by iTask to the Task Provider following Task Completion;
    3. should iTask at any time return or release the Task Fee to the Task Recipient or the Task Provider (as the case may be), none of the Task Recipient or the Task Provider shall have any claim against iTask and their sole cause of action shall be against each other only; and
    4. iTask’s role is restricted to acting only as a limited collection agent for the Task Provider, to facilitate payment of the Task Fee by the Task Recipient to the Task Provider through the Platform.
  4. Unless otherwise stated expressly in this Task Contract, all fees and charges payable are non-cancellable and are non-refundable.
  5. If the Task Recipient has agreed to reimburse the Task Provider for additional costs incurred or to be incurred in performing the Task Services, the Task Provider shall be solely responsible for obtaining such reimbursements from the Task Recipient directly.

5. Limitation of liability

  1. Notwithstanding any provision of this Task Contract, the maximum aggregate liability of any party to this Task Contract shall be limited to the Task Fee.

6. Termination of contract

  1. This Task Contract shall terminate upon the earliest occurrence of any of the following events:
    1. when the Task Fee is paid, released or returned to the Task Recipient or the Task Provider (as the case may be), whether by iTask pursuant to the Terms of Use following Task Completion or otherwise;
    2. when either of the Task Recipient or the Task Provider is terminated or suspended from the Platform;
    3. when mutually agreed by both the Task Recipient and the Task Provider;
    4. when iTask suspends, cancels, removes or terminates (a) the Task Contract; or (b) the Task Posting or the Task Offer to which this Task Contract relates; or
    5. when notified by iTask in accordance with iTask’s Terms of Use.

7. Independent Contractor

  1. The Task Provider is an independent contractor of the Task Recipient, and nothing in this Task Contract shall create any partnership, agency, employment or other relationship between the Task Provider and the Task Recipient.

8. Disputes

  1. In the event of any dispute arising out of or in connection with this Task Contract (including any question regarding its existence, validity or termination), the Task Recipient and the Task Provider both agree to notify iTask and shall attempt to resolve promptly any dispute in good faith within 14 days through informal negotiations (by phone, email or otherwise).
  2. If the dispute cannot be resolved through informal negotiations, it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC“) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

9. Gorvening Law

  1. This Task Contract shall be governed by and construed in accordance with the laws of Singapore.

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