This Agreement is a contract between Bloo Inc. (“Bloo” or “gobloo.com”) and a person (the “Fullancer”) using its Site (gobloo.com) and Services (Job and Fullancer identification) to find a job identified by Bloo (the “Company” and the “Job”).
As a prospective Fullancer, you must read, agree to and accept all the terms and conditions contained in this Agreement in order to use our Site, gobloo.com, and Services.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.
1. Service Fee
The fees to use the Bloo Site and Services are paid solely by the Fullancer.
1.1 Amount: The Service Fee is equivalent to 5% of the amount that the Fullancer earns from a Job. When a Company pays a Fullancer, either directly or through gobloo.com, the Fullancer agrees to pay 5% of that payment and of all subsequent payments for that job to Bloo.
1.2 Due date: This Service Fee falls due on the date that each payment is received by the Fullancer from a Company.
1.3 Company Payments via gobloo.com: In the majority of cases, a Company will pay a Fullancer via gobloo.com and Bloo will deduct its fee directly before transferring the remainder to the Fullancer.
1.4 Direct payments: In certain cases, a Company will pay a Fullancer directly. Bloo reserves the right to request the Company to i) withhold further payment to the Fullancer until Bloo has received any outstanding fees or ii) to pay Bloo’s fee directly to Bloo out of amounts owed to the Fullancer or iii) to pay to Bloo the full amounts owed to the Fullancer to allow Bloo to collect its fee directly.
2. Limitation of Liability
Bloo’s service is to identify jobs and identify suitable Fullancers (as described by the Company) to apply to these jobs.
Bloo will also assist in negotiating payment terms and the payment amount with the Company. A Fullancer at Bloo must adhere to certain pricing amounts in order to maintain consistent premium rates amongst all Fullancers in the Bloo Network.
All further considerations (including but not limited to: payment amount; suitability of the job for the Fullancer; ability and willingness of the Company to pay for the job etc.) are dealt with directly between the Company and the Fullancer.
Bloo does no due diligence on Companies or Company jobs and makes no claim to do so.
Bloo, it’s officers, shareholders and representatives take no part in and claim no responsibility for the terms arranged between Fullancer and Company. For instance, Bloo, it’s officers, shareholders and representatives accept no liability for non-payment of a Fullancer by a Company under any circumstances.
3. Company Job Payment Terms
As per item 2 above, Bloo will assist in negotiating payment terms and the payment amount with the Company.
Bloo retains absolute discretion to offer and accept whatever payment terms it deems suitable, however in general will aim to negotiate the following terms outlined in 3.1.
3.1 Monthly, Recurring Jobs:
Company to pay Bloo monthly in advance, with the first payment being made when the Company completes their checkout on the Fullancer’s payment checkout page and subsequent payments monthly thereafter.
Bloo to pay Fullancer in monthly payments once the transaction from the Company to Bloo has been successfully completed.
Each payment from Bloo to Fullancer will be net of Bloo’s fee for that month.
3.2 Alternative Payment Terms
In some cases a Company may propose alternative payment terms to 3.1 which Bloo may, at its sole discretion, agree to accept these terms and adjust Bloo payment terms to Fullancers accordingly.
In this case, the adjusted payment terms between Bloo and Fullancer will be such that if payment is received from the Company by Bloo later than the date outlined for payment to Fullancers under the terms in 3.1, Bloo will endeavour to pay the Fullancer as soon as Bloo has received payment and will initiate payment to the Fullancer not later than 7 working days after payment has been received by Bloo.
3.3 Late Payment
In some cases a Company may be late in making payments upon the agreed upon payment terms.
Bloo will only pay the Fullancer once the corresponding invoiced amount has been paid by the Company.
As in 3.3, in any case where payment is received by Bloo later than the expected date outlined for payment to Fullancers under the terms in 3.1, Bloo will endeavour to pay the Fullancer as soon as Bloo has received payment and will initiate payment to the Fullancer not later than 7 working days after payment has been received by Bloo.
Bloo will send the Company reminders regarding any outstanding payments on behalf of the Fullancer. If the Company has not remitted payment after two payment reminders have been submitted by Bloo without result, and no later than three months from the date on which the Company entered into default on such payment, the Fullancer may assert its claims for payment of the outstanding fees directly against the Company in writing, without the agency of Bloo.
Bloo, it’s officers, shareholders and representatives accept no liability for non-payment of a Fullancer by a Company under any circumstances.
3.4 Other Job Terms
As stated in 2, other job terms, including payment amount, are negotiated directly between the Fullancer and the Company.
4. Two-week break clause
Bloo gives all Companies the option to terminate their relationship with a Fullancer with immediate effect and for any reason within 14 days of commencing a job. If a Company decides to terminate the relationship, Bloo will compensate the Fullancer for up to $1,000 of work on the job depending on when the relationship was terminated and how much work was done by the Fullancer.
5. Disintermediation attempt
Any attempt made by a Fullancer to disintermediate Bloo from the Company/Fullancer relationship will result in the immediate loss of all compensation due for any work with an Bloo client. This does not waive Bloo’s right to seek additional damages from the Fullancer to recoup our lost investment in identifying and matching them with a Company.
6. Dispute resolution:
This Agreement, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of Pennsylvania Law.
7. Contacting Bloo: