Terms and Conditions

Last modified: July 29, 2024

  • Introduction
  • Definitions
  • Peakjobs Role
  • Account Registration and Responsibilities
  • Use of the Platform
  • Job Posting and Application Process
  • Job Agreements
  • Payments and Fees
  • Subscription Model and Payment
  • Ratings and Reviews
  • Privacy and Data Protection
  • Intellectual Property
  • Termination and Suspension
  • Dispute Resolution
  • Limitation of Liability
  • Indemnification
  • Communication Consent
  • Contact Information

Introduction

Welcome to Peakjobs. These Terms and Conditions (“Terms”) govern your use of our services, including our application, website, and technology (“Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. These Terms constitute a legally binding agreement between you (the User) and Peakjobs,Inc.(USA). If you do not agree to these Terms, you must not use our Services.

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with any additional guidelines, rules, and policies referenced herein. When we refer to “Peakjobs,” we mean Peakjobs, Inc. (USA), along with all their parents, subsidiaries, representatives, affiliates, officers, and directors (collectively “Peakjobs”).

All billing for Services provided by Peakjobs is conducted by Peakjobs, Inc. (USA) without the addition of VAT.

Definitions

“Our Services”: Refers to the application, website, and technology provided by Peakjobs for connecting Clients and Job Seekers.

“Clients”: Refers to businesses or employers that post job opportunities on Our Services.

“Job Seekers”: Refers to individuals seeking temporary employment opportunities through Our Services.

“Users”: Collectively refers to both Clients and Job Seekers who use Our Services.

“Platform“: Refers to the digital infrastructure provided by PeakJobs for the use of Our Services.

Peakjobs Role

Peakjobs serves as an intermediary platform that facilitates connections between Clients and Job Seekers. Peakjobs is not a party to the actual job agreements or employment contracts formed between Clients and Job Seekers.

Responsibilities:

  • Service Provision: Peakjobs provides the technology and infrastructure to enable Clients to post job opportunities and Job Seekers to apply for these opportunities.
  • Facilitation: Peakjobs facilitates communication and transactions between Clients and Job Seekers.
  • No Employment Relationship: Peakjobs does not employ Job Seekers. All employment-related matters are solely between the Clients and Job Seekers.
  • Dispute Resolution Assistance: While Peakjobs is not responsible for resolving disputes, it may provide assistance to facilitate resolution.

Account Registration and Responsibilities

Clients

Clients are required to provide accurate and current company information during the registration process. They must ensure that all account details are kept up-to-date and maintain the security and confidentiality of their account credentials.  Clients will undergo a verification process, this process includes SMS authentication. A Business Certificate may also be submitted but is optional.  Peakjobs reserves the right to perform background checks. Peakjobs also reserves the right to refuse to publish or remove a profile if there is insufficient, inappropriate, or suspicious data. Clients must immediately notify Peakjobs of any unauthorized use of their account. 

Job Seekers

Job Seekers must provide truthful and accurate personal information during registration and complete their profiles with relevant work experience, skills, and certifications. They will undergo a verification process, this process includes SMS authentication. PeakJobs reserves the right to request additional verification methods, including asking for a government-issued ID, as deemed necessary to maintain the security and integrity of our Services. Peakjobs also reserves the right to refuse to publish or remove a profile if there is insufficient, inappropriate, or suspicious data. Job Seekers must maintain the security and confidentiality of their account credentials and promptly report any unauthorized access to Peakjobs.

 

General Verification Disclaimer

PeakJobs will take action against any illegal posts or fake profiles, including removing the profile and potentially pursuing legal actions such as suing. This includes situations where a person or company pretends to be someone else. PeakJobs will do everything within its capabilities to verify the identities of Clients and Job Seekers. However, it cannot guarantee 100% accuracy in every case. Users are advised to exercise caution and perform their due diligence when interacting on the Platform.

Use of the Platform

Users are permitted to utilize the Platform for legitimate purposes such as searching for job opportunities, posting job vacancies, and applying for shifts or job positions. The Platform is intended to facilitate connections between Clients and Job Seekers, enabling them to enter into employment agreements independently.

Users must use the Platform responsibly and in compliance with all applicable laws, regulations and Peakjobs rules. Clients are expected to post accurate and truthful job descriptions, ensuring that all job postings are lawful and do not mislead or deceive Job Seekers. Job Seekers must provide truthful and accurate information in their profiles and applications.

Prohibited uses of the Platform include, but are not limited to, submitting false or misleading information, impersonating any person or entity, and harassing, abusing, or harming others. Users must not engage in any activities that could disrupt or interfere with the operation of the Platform, such as introducing viruses, malware, or any other harmful code.

Users are prohibited from using the Platform for any unlawful purposes, including engaging in illegal activities or promoting such activities. Any content submitted by Users must not infringe on the intellectual property rights of others, and it must not contain defamatory, obscene, or offensive material.

Users must respect the rights and privacy of other Users. Harassment, abuse, or any form of discrimination based on race, gender, sexual orientation, religion, nationality, or other personal characteristics is strictly prohibited. Users must also refrain from collecting or storing personal data about other Users without their consent.

Peakjobs reserves the right to monitor and review all content and activities on the Platform. If any content or activity is found to be in violation of these Terms, Peakjobs may take appropriate action, including removing the content and suspending or terminating user accounts. Peakjobs also reserves the right to take legal action against Users who engage in prohibited activities or violate these Terms.

By using the Platform, Users agree to indemnify and hold Peakjobs harmless from any claims, damages, or expenses arising from their use of the Platform or their violation of these Terms. Users acknowledge that Peakjobs is not responsible for the conduct of other Users and that they use the Platform at their own risk.

These Terms constitute a legally binding agreement between Users and Peakjobs. Users who do not agree to these Terms must not use the Platform. Peakjobs reserves the right to modify these Terms at any time, and Users will be notified of any significant changes. Continued use of the Platform after any modifications constitutes acceptance of the new Terms.

Job Posting and Application Process

Clients

Clients are responsible for providing accurate and detailed job descriptions when posting job opportunities on the Platform. Each job posting must include comprehensive information about the job requirements, responsibilities, qualifications, and compensation details. Clients must adhere to the job posting guidelines set forth by Peakjobs to ensure clarity and fairness for all Job Seekers. It is imperative that all information provided is truthful and not misleading in any way. Misrepresentation of job details can lead to account suspension or termination.

Clients must also manage their job postings actively, responding to applications and inquiries from Job Seekers in a timely manner. They are expected to comply with all relevant labor laws and regulations when creating and managing job postings. This includes ensuring that all posted jobs are lawful and that the working conditions described comply with applicable employment standards.

Job Seekers

Job Seekers must provide truthful and accurate information in their profiles and job applications. This includes detailed information about their work experience, skills, qualifications, and availability. Job Seekers are required to comply with the application procedures outlined by Peakjobs and the specific requirements of each job posting.

When applying for a job, Job Seekers must ensure that their applications reflect their true qualifications and experiences. Any attempt to misrepresent their skills or qualifications can result in the rejection of their applications and possible suspension or termination of their accounts.

Job Seekers must also adhere to the job requirements and any additional instructions provided by Clients. This includes submitting any necessary documentation or certifications as required for the job. Compliance with job requirements is essential to maintain the integrity and functionality of the Platform.

Peakjobs facilitates the job posting and application process by providing the necessary tools and infrastructure. However, Peakjobs is not responsible for the content of job postings or the accuracy of information provided by Clients or Job Seekers. Users must independently verify the details and suitability of job postings and applications.

Job Agreements

Job agreements are established when a Job Seeker accepts a shift or job posting offered by a Client on the Platform. The Job Seeker will be engaged as an independent contractor rather than an employee of Peakjobs. This acceptance forms a binding contract between the Client and the Job Seeker, facilitated by Peakjobs.

Responsibilities of Peakjobs

Peakjobs facilitates the connection between Clients and Job Seekers, providing the platform for posting and applying for jobs. Peakjobs assists with the administrative aspects of the engagement, ensuring that the terms of the independent contractor agreement are clear and mutually agreed upon. However, Peakjobs does not employ the Job Seekers and is not responsible for managing their work or paying their taxes.

Responsibilities of Clients

Clients are responsible for providing accurate and detailed job descriptions, including the required skills, qualifications, duties, shift timings, location, and compensation. They must ensure that the job terms comply with all relevant labor laws and regulations. This includes withholding and remitting income taxes, Social Benefits, Medical Insurance, and other relevant payroll taxes. Clients are also responsible for paying the agreed-upon fees directly to the Job Seekers as specified in the job agreement.

Responsibilities of Job Seekers

Job Seekers, as independent contractors or employees of the Client, are responsible for providing truthful and accurate information in their profiles and applications. They must perform their duties diligently and professionally, adhere to the agreed-upon shift timings, and comply with any specific requirements or instructions provided by the Client. Job Seekers must comply with all applicable laws.

Terms of the Job Agreement

The job agreement will clearly outline the duties and tasks the Job Seeker is expected to perform, specific shift timings, the physical or remote location of the job, specific shift timings and the compensation details, including the rate of pay and payment schedule. It is essential that all parties understand and agree to these terms to ensure a smooth and mutually beneficial working relationship. Any amendments to the job agreement must be communicated and agreed upon by all parties in advance. All job agreements must comply with local labor laws and independent contractor regulations, which may vary depending on the location of the job assignment. 

Payments and Fees

Clients are responsible for making direct payments to Job Seekers. These payments must adhere to the terms specified in the job agreement and must be made promptly according to the agreed-upon payment schedule. All payments must be made via bank transfer and not in cash.

Clients must ensure that all payment details are accurate and up-to-date. Payments can be made through approved electronic payment systems or direct bank transfers, ensuring a secure and efficient transaction process.

Clients are required to use the following payment methods:

  • Direct Bank Transfers: Clients can transfer payments directly to the Job Seeker’s bank account, ensuring a straightforward and reliable payment method.

Peakjobs will facilitate the transaction by providing the necessary support and instructions to ensure that payments are processed smoothly. While Peakjobs does not handle the funds directly, it ensures that all transactions are conducted securely and in compliance with the agreed terms.

Payments must be made promptly as per the job agreement. Upon shift completion, the business confirms the hours worked through the Platform. Any delays or issues in payment processing should be communicated to Peakjobs immediately to avoid disruptions. Timely payments are crucial for maintaining the trust and efficiency of the Platform.

All payment transactions must be conducted securely. Clients are responsible for safeguarding their payment information and ensuring that their payment methods comply with security standards. Peakjobs may provide additional resources or tools to help Clients manage their payment processes effectively.

Subscription Model and Payment

Peakjobs offers a tiered subscription model designed to meet the varying needs of different businesses. Each subscription plan provides access to a set of features tailored to the size and requirements of the organization. Users can select the plan that best suits their staffing needs and can upgrade or downgrade their subscription as their needs change. Payments are processed securely through Stripe, ensuring compliance with data protection regulations and providing a seamless transaction experience.

PeakJobs Subscription Plans:

Free Plan
Ideal for small startups or businesses in the testing phase with minimal staffing needs. Basic access to the platform with limited functionalities and support.
For the cost, please see the Subscription Pricing in our website – www.peakjobs.app/en/business

Pro Plan
Suitable for growing businesses that require flexibility for regular staffing. Enhanced features compared to the Free Plan, including priority support and access to a larger pool of pre-vetted workers.
For the cost, please see the Subscription Pricing in our website – www.peakjobs.app/en/business

Business + Plan
Designed for established companies with frequent and diverse staffing needs. Advanced functionalities such as detailed analytics, custom integrations, and higher priority support.
For the cost, please see the Subscription Pricing in our website – www.peakjobs.app/en/business

Enterprise Plan
Best for large enterprises or corporations with extensive, high-volume staffing requirements. Comprehensive access to all features, including enterprise-grade support, custom solutions, and dedicated account management.
For the cost, please see the Subscription Pricing in our website – www.peakjobs.app/en/business

Payment Processing with Stripe

  • Stripe is chosen for its reliability, security, and ease of use. It is widely regarded as one of the best payment processors due to its robust infrastructure and comprehensive suite of tools for handling online payments.
  • Stripe ensures that all card information and data are securely stored, maintaining full compliance with GDPR regulations to protect user data.
  • Stripe securely saves all card information, enabling seamless and secure transactions.

Upgrading Plans

  • Users can click the upgrade button to move to a higher plan. For example, jumping from Pro (e.g. €49.99/month) to Business (e.g. €199.99/month) will incur a cost of €199.99. Any unused job positions from the Pro plan will not be carried over.

Downgrading Plans

  • Users can choose to downgrade at the next billing cycle or immediately. If choosing an immediate downgrade, any unused job positions from the current plan will be forfeited. For example, downgrading from Enterprise (e.g. €399.99/month) to Business (e.g. €199.99/month) will result in the loss of any unused job positions from the Enterprise plan.

Ratings and Reviews

The Platform enables both Clients and Job Seekers to provide ratings and reviews based on their experiences. This feedback system is designed to promote transparency and accountability, helping other Users make informed decisions.

Ratings and reviews submitted by Users will be publicly displayed on the Platform. This visibility helps build a trustworthy community and allows Users to assess the credibility and reliability of both Clients and Job Seekers.

Users are expected to provide fair and honest feedback. Ratings and reviews should reflect genuine experiences and be free from any misleading or defamatory content. Peakjobs reserves the right to monitor and, if necessary, remove any feedback that violates these guidelines or the Platform’s policies. This ensures that the feedback system remains constructive and beneficial for all Users.

Privacy and Data Protection

Peakjobs collects various types of data from Users, including personal information provided during account registration, job applications, and communications. This may include names, contact details, employment history, and payment information.

The collected data is used to facilitate and improve Platform services, such as matching Job Seekers with job opportunities, and enhancing user experience. Data is also used for communication purposes and to ensure compliance with Platform policies.

Peakjobs implements stringent security measures to protect user data from unauthorized access, disclosure, or misuse. We comply with relevant data protection laws, including the General Data Protection Regulation (GDPR), Kosovo Data Protection Laws, and other applicable regulations, to ensure the privacy and security of user information.

For detailed information on data collection, use, and protection practices, Users are encouraged to review the Peakjobs Privacy Policy, which provides comprehensive details on how user data is handled.

Intellectual Property

All content and intellectual property on the Peakjobs Platform, including but not limited to text, graphics, logos, and software, are owned by Peakjobs or its licensors. These rights are protected by copyright, trademark, and other applicable laws. Users are granted a limited, non-exclusive license to access and use the Platform for its intended purposes.

By submitting content to the Platform, Users grant Peakjobs a non-exclusive, worldwide, royalty-free license to use, modify, display, and distribute the content. Users must ensure that their content does not infringe on the intellectual property rights of others and complies with Platform guidelines. In the event that Users upload copyrighted content without permission, Peakjobs disclaims any responsibility for such content. Should Peakjobs receive a complaint regarding copyrighted material, it reserves the right to remove the content in question.

Users are prohibited from using any content or intellectual property on the Platform without prior written consent from Peakjobs. Unauthorized use of any materials on the Platform may violate copyright, trademark, and other laws, and is strictly prohibited. Users may not reproduce, distribute, modify, create derivative works from, or publicly display any content from the Platform without express authorization.

Termination and Suspension

This contract may be terminated immediately by either party under certain conditions. Specifically, (A) one party may terminate if the other party breaches a material provision of this Agreement, or (B) Peakjobs may terminate if the User violates any law or regulation in connection with the User’s performance of the Services or use of the Application, or if the User engages in conduct that Peakjobs, in its sole discretion, believes in good faith to be detrimental to its business interests. Additionally, either party may terminate this Agreement at any time, with or without cause, immediately upon notice. Upon termination, the terminating party must provide notice to the other party, specifying the reason for termination if applicable.

Termination by Client

Either Client or Job Seeker can terminate the contract at any time without cause. Any outstanding payments for services rendered up to the termination date must be settled by the Client. In case of a dispute, users can contact PeakJobs and request assistance to resolve the issue.

Termination by Peakjobs

Peakjobs reserves the right to terminate user accounts immediately upon notice under the following conditions:

For Job Seekers:

  1. Providing false or misleading information about skills, qualifications, or work history.
  2. Repeatedly failing to meet the specific requirements or standards set out in the job descriptions.
  3. Engaging in unprofessional or unethical behavior, including harassment, discrimination, or other conduct that violates the platform’s code of conduct.
  4. Abusing features such as bidding, messaging, or reviews to manipulate outcomes or harass other users.
  5. Posting illegal content or creating fake profiles, including pretending to be someone else.

For Clients:

  1. Misusing sensitive information from Job Seekers, such as personal contact details, for purposes not related to the job.
  2. Not ensuring a safe working environment in accordance with legal standards and platform policies, particularly for physical job locations.
  3. Engaging in or promoting discrimination based on race, gender, religion, nationality, disability, sexual orientation, or any other characteristic protected under applicable laws.
  4. Attempting to coerce Job Seekers into leaving positive reviews or manipulating feedback through fraudulent means.
  5. Posting illegal content or creating fake profiles, including pretending to be someone else.

General Reasons Applicable to Both Users:

  1. Frequently canceling jobs or engagements without reasonable cause, which disrupts the reliability of the platform.
  2. Participating in or facilitating fraudulent schemes, such as scams aimed at other users or the platform itself.
  3. Unauthorized sharing or use of data from the platform that violates privacy terms or data protection laws.
  4. Activities that compromise the security or operational integrity of the platform, such as attempting to hack the service or distribute malware.

 

Upon termination, Users will permanently lose access to the Platform and any associated services. Any ongoing job agreements will be terminated immediately, and pending payments may be withheld pending investigation and resolution.

Suspension by Peakjobs

Peakjobs may temporarily suspend a user account under the following conditions:

For Job Seekers:

  • If there are reasonable suspicions that the Job Seeker has violated any provision of these Terms and Conditions.
  • Reports of engaging in fraud, including falsifying qualifications or misrepresenting work outcomes.
  • Providing false or misleading information during registration or while engaging in jobs.
  • Not adhering to the agreed-upon job specifications or requirements repeatedly.

For Clients:

  • Suspected breaches of any contractual terms agreed upon through the platform.
  • If there are reports of abusive behavior towards Job Seekers or illegal activities related to employment.
  • Providing false or misleading information at any stage of engagement or misuse of sensitive data obtained from Job Seekers.
  • Delaying or failing to fulfill payment obligations to Job Seekers or the platform.

General Reasons Applicable to Both:

  • Activities suspected to endanger the security or integrity of the platform, such as attempts to breach network security.
  • Any severe breaches of the platform’s policies or guidelines that necessitate an immediate review.

During Suspension:

  • Users will temporarily lose access to the Platform and any associated services.
  • Any ongoing job agreements will be paused pending a thorough investigation.
  • Users will be notified of the suspension and the reasons behind it through their registered contact details.
  • Peakjobs will review the situation and determine whether to lift the suspension or proceed with termination based on the findings.

 

User Notification Procedures

For both termination and suspension, Peakjobs will provide notice via email or through the Platform. The notice will include the reason for the action and any steps the user can take to address the issue, if applicable. Users have the right to contact Peakjobs for further clarification or to appeal the decision, with Peakjobs reviewing appeals and responding within a reasonable timeframe.

Dispute Resolution

In the event of a dispute arising from or related to these Terms or the use of the Platform, both parties agree to first attempt to resolve the dispute through intermediary services facilitated by Peakjobs. This initial step aims to foster amicable solutions before escalating to formal proceedings.

If intermediary services do not resolve the dispute, the parties agree to mandatory arbitration. All disputes will be resolved through binding arbitration in accordance with Kosovo Laws. Arbitration will take place in Kosovo, and the decision of the arbitrator will be final and binding on both parties.

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of Kosovo.

If arbitration is not applicable, any legal action or proceeding arising under these Terms will be brought exclusively in the competent courts of Kosovo. Both parties consent to the jurisdiction and venue of such courts and waive any objections to the exercise of jurisdiction over them by such courts.

Limitation of Liability

To the fullest extent permitted by law, Peakjobs and its affiliates, officers, directors, employees, agents, and licensors are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content.

The Platform is provided on an “as is” and “as available” basis. Peakjobs makes no warranties or representations of any kind, express or implied, as to the operation of the Platform, the information, content, or materials included on the Platform. To the fullest extent permissible by applicable law, Peakjobs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Peakjobs does not warrant that the Platform, its servers, or email sent from Peakjobs are free of viruses or other harmful components.

In no event shall Peakjobs’ total liability to you for all damages, losses, and causes of action exceed the amount you have paid Peakjobs in the last six (6) months, or, if greater, one hundred Euros (€100).

Indemnification

Users agree to indemnify, defend, and hold harmless Peakjobs, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to:

  • Your use or misuse of the Platform.
  • Your breach of these Terms and Conditions.
  • Your violation of any law or the rights of a third party, including but not limited to intellectual property rights, privacy rights, and any other proprietary rights.
  • Any content you upload, post, or otherwise transmit through the Platform.
  • Any other acts or omissions related to your use of the Platform.

This indemnification obligation will survive the termination of your account or these Terms and Conditions.

 

Amendments to Terms

Peakjobs reserves the right to amend these Terms and Conditions at any time. Amendments may be made to reflect changes in the law, new features, or changes in business practices.

For significant changes to the Terms, Peakjobs will provide notice to Users through the Platform or via email. Users are encouraged to review the Terms periodically for any updates. Continued use of the Platform after changes have been made constitutes acceptance of the revised Terms.

Communication Consent

By using the Platform, Users consent to receive communications from Peakjobs. These communications may include but are not limited to, notifications about account activity, updates to the Platform, marketing messages, and information about services and features.

Users may receive the following types of communications:

  • Account Notifications: Information regarding account activity, security alerts, and updates.
  • Marketing Messages: Promotional offers, newsletters, and information about new features or services.
  • Service Announcements: Updates about the Platform, including maintenance notifications and changes to terms or policies.

Users have the right to opt-out of receiving marketing messages at any time by following the unsubscribe instructions provided in the communications. However, Users may continue to receive essential service announcements and account notifications, as these are necessary for the proper functioning of the Platform.

Contact Information

For any support or inquiries, Users can contact Peakjobs through the following methods:

  • Email: support@peakjobs.app
  • Phone: +1 906 292 7281
  • Mailing Address: Peakjobs Support Team

Str. 1111B S Governors Ave STE 3503 Dover, DE 19904 US

 

  • Email: support@peakjobs.app
  • Phone: +383 49 888 397
  • Mailing Address: Peakjobs Support Team

Str. Jashar Salihu, Kulla e Muhaxhirëve, K.9, Nr.59 – Kosovo

 

Peakjobs is committed to providing prompt and helpful support to all Users.

Please include relevant details in your communication to ensure a swift response to your inquiries or issues.