Zinterim Terms of Service

Welcome to Zinterim! We operate a workforce booking platform and marketplace which enables temporary employment booking using our website. Please keep the following terms in mind.

1. Introduction

1.1 Welcome to the Zinterim platform (the 'Site'). We'll refer to our website and other services as our "Services", and Zinterim will be addressed individually or collectively as "Zinterim", "we", "us", or "our". Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.

1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'.

1.3 Our "Services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.

1.4 Our Services allow online work booking for Temporary Employees (“Employees”) between the Client ("Client") and the Staffing Agency ("Agency"), collectively known as "Users" or "Parties". The actual contract for a booking is directly between the Client and the Agency. We are not a party to that contract or any other contract between Client and Agency. Additionally, the Agency/Employee relationship and Agency/Client relationships are governed by the existing previously executed agreements in place between the Parties. Zinterim is not a party to those agreements. Zinterim does not have an agency relationship with Client or Employee. Parties to the booking will be entirely responsible for the booking contract between them. As such, We accept no obligations in connection to these contracts or agreements. However, if you experience problems with your online booking via Zinterim or with our Services we are able to provide support (refer to section 10). We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a booking.

1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.

1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.

2. Privacy

2.1 We know your personal information is important to you, so it's important to us. Our Privacy Policy details how your information is used when you use our Services. When using our Services or providing information on the site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.

2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.

3. Your Account

3.1 You'll need to create an user account with us to use some of our Services. Here are a few rules about accounts with us:

3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian.

3.1.2 Be honest with us, and provide accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account.

3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person's name on the account will be ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login credentials and password secure.

4. Limited License

4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Zinterim and where applicable, third party partners identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.

5. Your Content

5.1 Content that you post using our Services is your content. This includes usernames, profile pictures, profile descriptions, reviews, comments, video, etc.

5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you're not infringing or violating any third party's rights by posting it.

5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.

5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.

5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Employee Profile Content section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you.

6.2 You are responsible for paying all fees that are due to us. You are also solely responsible for collection and/or paying any applicable taxes for any subscription service selected or bookings you make through our Services.

6.3 You agree not to attempt to obtain source code of the Services. You agree to not interfere with or disrupt/harm our Services.

6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.

6.5 If you believe a User on our Site is violating these terms, please contact us.

7. Booking Agreement and Payment

7.1 Agency subscription fees are paid to us via credit card payments. These payments would be are processed through third-party payment channels which may vary depending on the jurisdiction you are in.

7.2 All bookings on the platform are binding. The Agency is obligated to complete the booking with the Client in a prompt manner unless an exceptional circumstance arises.

8. Agency Subscription Fees and Commissions

8.1 The Agency will pay us a monthly fee for the subscription plan (“Basic”, “Advanced”, “Pro”) they select.

8.2 The Agency may also pay us a commission on the total booking amount depending on the subscription plan selected by the Agency. Payment will include taxes, if any and any other applicable fees or costs for any of the bookings made on our Site.

8.2 Our commission will be deducted directly from any Agency fees collected by us from the Client before the funds are settled into your account.

8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your Client's location. All payment processing fees will be included in Agency commission that we charge.

9. Cancellation Policy

9.1 If you need to cancel a work order booked through Zinterim, please contact our client services department via live chat or phone at (561) 501-0545. We will contact the staffing agency to inform them of the cancellation.

9.2 If you booked your work order outside of Zinterim or were redirected from our site to a staffing agency’s web page to complete your booking, then you'll need to touch-base with that staffing agency directly.

9.3 If you simply need to change your work order, contact our client services department.

9.4 Staffing agencies have their own refund or cancellation fee policies in place and they may charge a fee for cancellation. Contact the staffing agency you are booking with to learn more.

10. Agency's Responsibilities

10.1 Agencies will properly manage and ensure that relevant information such as the booking cost, the professional details of their Employees, Employee availability and will not post inaccurate or misleading information.

10.2 The booking cost of Employees are determined by the Agency at their own discretion. The cost of a contract employee will include the any additional charges such as booking tax, value-added tax, etc. Agencies will not charge Client such amounts additionally and separately.

10.3 Agencies are obligated to make booked Employees available in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstance the Agency is obliged to contact the Client to inform them of any delays or inability to complete the booking.

10.4 Agencies will issue additional receipts, credit card slips or tax invoices to Client upon request as applicable.

11. Disputes with Other Users

11.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

11.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.

11.3 Whether you are a Client or a Agency you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favor of the other party.

12. Disputes with Us

12.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:

12.1.1 Governing Law. Any claims or disputes arising out of these Terms shall be governed by the State of Florida regardless of your country of origin, where your access our Services and notwithstanding any conflicts of law principles.

12.1.2 You agree that the exclusive forum for remedy for any dispute or claim arising from the Terms will be final and binding arbitration. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.

13. Changes to the Terms

13.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.

13.2 We may revise the Terms of Service but the most current version will always be at this link.

13.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.

13.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.

14. Prohibited Employee Profile Content

Zinterim is not a curated marketplace. However, for a variety of reasons we prohibit certain content from Employee listing or profiles containing prohibited content from being listed on our marketplace. Some of this content present legal risks to our community.
It is the Agency's responsibility to ensure that their proposed Employee listing or profile contains content that complies with all laws and is allowed to be listed for booking in accordance to local laws.
If an Employee listing or profile is found to be in violation of this policy, we may subject the Agency to a range of adverse actions, including listing deletion, account suspension, account termination and legal action

The following Employee profile content is prohibited:

Related to illegal drugs and drug paraphernalia
Content that promotes, supports or seeks to engage users in illegal activity
Content that promotes, supports or glorifies hatred and seeks to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation
Content that infringes copyright laws
Involves counterfeit items
Related to illegal goods
Promotes illegal services not limited to prostitution
Relates to pornography and adult industry services
And any other items illegal or restricted in the jurisdiction of the Client and/or the Agency or which otherwise encourage illegal or restricted activities. The list above is for illustration only and is not a complete list of all prohibited Employee Profile Content. If you see a listing that violates our policies, please contact us.

15. Disclaimers

THE SERVICE AND THE DELIVERABLES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” ZINTERIM EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. ZINTERIM MAKES NO WARRANTY THAT (A) THE SERVICE OR EMPLOYEE WORK PRODUCT/PERFORMANCE WILL MEET CUSTOMER’S REQUIREMENTS; (B) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR DELIVERABLES WILL BE ACCURATE OR RELIABLE. ZINTERIM DOES NOT AND CANNOT GUARANTEE A MATCH FOR EACH CLIENT SEARCH OR THAT THERE ARE EMPLOYEES IN EACH GEOGRAPHIC AREA REQUESTED BY CUSTOMER WHO ARE AVAILABLE TO BE BOOKED AT THE TIME AND PLACE REQUESTED. CUSTOMER ACKNOWLEDGES AND AGREES THAT ZINTERIM HAS NO LIABILITY FOR THE ACTION, OR INACTION, OF ANY EMPLOYEE AND THAT THERE IS NO EMPLOYMENT, JOINT VENTURE, OR AGENCY RELATIONSHIP BETWEEN ZINTERIM AND THE EMPLOYEES. ZINTERIM DOES NOT GUARANTEE OR WARRANT THE EMPLOYEES’ PERFORMANCE OR THE OUTCOME OR QUALITY OF THE WORK PRODUCT/PERFORMANCE PROVIDED.

16. Contact, Feedback and Complaints

If you need to contact us please visit our help page for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any exclusive rights you have to your feedback content so that we may use and allow others to use it without any restriction and without any payment to you.

TPT