Hillotask provides an on-line platform, www.hillotask.com (“Platform”), where college students seeking academic tutoring or assistance, study skills enhancement, help on specific college classes and related services (“Posters”) can post such services (collectively “Services”) that they seek, and college students desiring to offer these Services (“Taskers”) can render them for a fee. Posters and Taskers purchase and render the Services, respectively, and interact in connection with the rendering of the Services entirely at their own election. Posters pay Taskers an agreed upon fee using a PayPal company’s (Braintree) on-line payment service. Hillotask does not control, direct, supervise or manage Braintree’s payment or other services, rules and policies. Hillotask, Posters and Taskers may be referred to below collectively as “Parties”, or individually as “Party”.
The following terms and conditions (“Terms”), which are supplemented by the General Terms and Conditions set forth separately on the Platform, apply to the solicitation, offering, purchasing, payment for and rendering of Services on, using or through the Platform, and to the use of the Platform in connection with or for these purposes.
- Every Poster and Tasker who uses the Platform agrees and represents he or she is a college student of sound mind and body and at least 18 years of age. Hillotask does not and undertakes no responsibility to verify the age of a Poster or Tasker, whether either is of sound mind or body, or whether both are college students.
- A Poster shall pay the Tasker who renders the Services requested/posted by the Poster on the Platform the fee which the Poster agreed to pay for the Services, once rendered, when the Poster made the initial request/post for the Services, and/or any other fee agreed upon in writing on the Platform between Poster and Tasker. For reference purposes, the fee due from a Poster for Services rendered by a Tasker shall be referred to as the “Fee”. Poster shall pay the Tasker the Fee upon the latter’s completion of the requested Services.
- Braintree shall be solely responsible for receiving, remitting and otherwise processing all fees paid by Posters. For each fee payment received by Braintree, Braintree shall deduct an amount equal to 2.9% of the received fee plus 30 cents, and remit the remaining fee to the Tasker.
- If a Poster fails, for any reason, to pay all or part of the agreed-upon Fee, Hillotask shall pay the Tasker who rendered the Services in question one half of the fee owed by the defaulting Poster to the Tasker, provided that such payment shall not under any circumstances exceed ten dollars ($10). Notwithstanding, Hillotask shall make such payment to the same Tasker not more than twice, in total, regardless of the number of times the Tasker has been defaulted by one or more Posters. Further, as a condition to allowing a Poster who has defaulted to subsequently use the Platform, such Poster shall reimburse Hillotask all monies it previously paid Tasker(s) who were owed fees by such Poster.
- Although Hillotask is not obligated to decide or otherwise resolve any disputes between Posters and Taskers arising out of or related to the use of the Platform or the quality of or fees incurred for the rendered Services (“Disputes”), Hillotask shall use reasonable efforts to assist and encourage Posters and Taskers to use their best efforts to resolve Disputes on reasonable terms, including but not limited to: considering the timeliness of the rendered Services; whether the rendered Services are within the scope of the parameters, conditions, terms and requirements that the Tasker specified for the Services in question; whether changes to Services were timely requested and agreed to; and the reasonableness of any changes, terms, conditions, demands or requests set by Poster or Tasker concerning the Services in question. Further, Posters and Taskers each agree to use their best efforts to resolve, in good faith, on reasonable terms and conditions any Disputes.
- Hillotask reserves the right, at our sole discretion(but not the obligation), upon request from Poster or Tasker or upon notice of any misuse, unauthorized charges or potential fraud of the Hillotask platform, to (i) put any Task Payment on hold, or (ii) refund, provide credits or arrange for the Payment Service Provider retained by Hillotask to do so.
- Hillotask makes no representations or warranties of any kind as to the quality or nature of any Services rendered by any Tasker, including but not limited to a Tasker’s qualifications, training, education, experience and background.
- Posters and Taskers shall each comply with all relevant state and federal laws, rules and regulations, and not commit any violations of criminal or civil laws in the course of soliciting, offering, rendering, purchasing or paying for Services, or in using or in connection with using the Platform in any form or fashion. Further, Posters and Taskers each shall not use the Platform to engage in any kind, form or shape of criminal activities, conduct or behavior. Neither shall Posters and Taskers use the Platform to engage in conduct, activities or behavior that would violate a school’s, college’s, university’s or educational institution’s rules of ethical, student, academic or professional conduct or responsibility.
- Posters and Taskers each understand they are separate, independent third parties, and not Hillotask’s employees, independent contractors or agents. Posters and Taskers each further understand Hillotask has no control of any kind over, and does not endorse, qualify, rate, screen, supervise, manage or warrant any Poster or Tasker, including but not limited to the equipment or facilities used by a Tasker in rendering contracted Services.
- Posters and Taskers each shall indemnify and hold harmless Hillotask and its directors, officers, employees, successors and assignees from any claims, injuries, damages, judgments, fees, costs and losses incurred or arising from Posters’ or Taskers’ failure, respectively, to comply with the relevant laws, rules and regulations.
- Hillotask disclaims all warranties of any kind, including but not limited to warranties of fitness of use and merchantability, to the fullest extent allowed by law.
- In no event shall Hillotask be responsible for consequential, special or indirect damages, and Hillotask’s total liability to any Poster or Tasker, in the event of Hillotask’s fault, shall not exceed the fee received by Hillotask from the Services in question.
- Any claim, dispute or controversy arising out of or relating to this contract that cannot be resolved by the parties themselves shall first be mediated before a mutually agreed upon mediator. If mediation fails to resolve the claim, dispute or controversy, the matter shall then be arbitrated exclusively in Orange County, California by ADR Services, Inc., American Arbitration Association or Judicate West, and California law shall apply. A Party that refuses to mediate the dispute, claim or controversy prior to arbitration shall be solely responsible for the arbitrator(s)’ fees incurred in arbitrating the dispute, claim or controversy.
BY USING HILLOTASK’S PLATFORM, POSTERS AND TASKERS, RESPECTIVELY, REPRESENT THEY HAVE READ, UNDERSTAND AND AGREE TO EACH TERM AND CONDITION ABOVE.