User's Acknowledgment and Acceptance of Terms

CloudPeeps ("Us" or "We") provides the www.cloudpeeps.com website and various related services (collectively, the "Site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of this Site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on this Site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

As used in these Terms of Service, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its services. Any reference to “Peeps” includes our list of registered and vetted marketplace contractors. Any reference to “Customers” includes all businesses and individuals who use the Site, including, but not limited to, all businesses and individuals who engage Peeps via the Site.

Overview of our Services

To ensure the quality of the CloudPeeps experience we have set up our Terms of Service for our mutual benefit. If you violate these rules it will mean you've broken the terms of service and this may result in a termination of your account. CloudPeeps requests are non-transferable to other companies or individuals. All CloudPeeps Jobs are governed by specific requests and terms as outlined in the job upon listing.

CloudPeeps requests are non-transferable to other companies or individuals. All CloudPeeps Jobs are governed by specific requests and terms as outlined in the job upon listing.

Jobs

CloudPeeps allows Customers to list jobs and engage contract Peeps for work via the Site. All CloudPeeps Jobs are unique and customized for each listing, and are agreed upon by Customer and Peep upon being connected via the Site.

Hourly Jobs

Hourly jobs involve a billing cycle of two weeks, where Peeps submit invoices for work performed to date each cycle. Customers have the option to ‘query’ any work listed on the invoice within 5 days, and some instances, refunded for work that does not satisfy the criteria agreed upon in the job listing.

Fixed jobs

Fixed jobs are recurring, monthly memberships, that include a set scope of work that a Peep delivers to a Customer in each cycle. Jobs can be cancelled at any time by a Customer, subject to the terms below.

Any agreement or attempted agreement between the Customer and a Peep, in connection with a service contract, requiring that payment be made outside of Cloud Peeps Inc. shall constitute a material breach of this agreement. CloudPeeps will terminate a User’s access to and use of the Site if such User is found to be accepting payment outside the Service for clients found through the Service.

Payment

Once a Peep has been hired for a job, Customers are charged an up front payment of $250. This amount is credited toward the first invoice. If the total budget of the job is less than $250, the Customer will be charged the actual budget of the job.

All invoices submitted by Peeps must conform to the description and terms set forth in the Customer’s Job Description. Peeps will not be paid for invoices that do not conform to the Job Description.

Peeps will not be paid until CloudPeeps has received payment from a Customer. Although CloudPeeps actively tries to vet every Customer, CloudPeeps is not responsible for paying Peeps when a Customer fails to pay. CloudPeeps will, however, pursue payments from Customers for these charges and pay Peep if/when successful.

Hourly Jobs

For Hourly Jobs, payments will be charged on a biweekly basis pending receipt of an invoice from the Peep. All Peeps are required to submit invoices to Customers through CloudPeeps for work completed. Upon receipt of an invoice, Customers have 5 days to review the invoice (the “Dispute Period”), after which time Customers will be charged the full amount stated in the invoice. If Customers have any issues with an invoice, they should immediately contact hello@cloudpeeps.com and the Peep who submitted said invoice. We keep Customers’ payment details on file and reserve the right to charge them at any time for services performed by a Peep in each billing cycle.

Funds become payable to Peeps following the expiration of the dispute period, assuming no dispute has been initiated by the Customer. Disputes are handled in accordance with our Dispute Resolution Policy, as laid out in these Terms. By using the Site, you agree to be bound by the Dispute Resolution Policy, including, but not limited to, any and all final determinations made by CloudPeeps in accordance with the Dispute Resolution process. CloudPeeps may hold the disbursement of payments to Peeps if we have reason to believe the Peeps’ invoice may be subject to dispute or chargeback, we suspect fraud, we deem necessary in connection with any investigation, as required by applicable law, or, in our sole discretion, we determine that the Peep has violated the terms of the Site or any agreement.

Fixed Jobs

For Fixed Jobs, payments will be charged on the day a Customer is matched with a selected Peep and will cover the use of that service for a monthly period as indicated. Unless and until terminated by you or CloudPeeps, Customers will be charged for their membership every 30 days thereafter.

Cancellation

Hourly Jobs

For Hourly Jobs, Customers should inform any contracted Peeps of their wish to cancel a job at their earliest convenience. Peeps will stop performing services as soon as a job is cancelled. Full payment is due for all services rendered before the cancellation date We recommend as a courtesy to provide a Peep at least 7 days notice prior to cancellation.

Fixed Jobs

For Fixed Jobs, Customers can cancel at any time. When a Fixed Job is canceled, Customers will be charged on a pro rata basis, from the beginning of a billing cycle until the latter of either the date the Customer informs CloudPeeps of its intention to end the Fixed Job or the date the Peep ceases working for the Customer. We recommend as a courtesy to provide at least 2 weeks notice prior to cancellation.

Service

As a Customer, if you ever feel like CloudPeeps platform and a Peep’s service could be better, you can contact CloudPeeps by email at hello@cloudpeeps.com and we will try to return your email within 24 business hours.

Guarantee and Warranty

We encourage all Customers to inform us immediately if there are any issues with the Site, their Peep, or if there is any way CloudPeeps can improve its service. If a Customer is not fully satisfied with CloudPeeps, we offer a 2 week money-back guarantee. For Fixed Jobs, the refund will be for half of the amount charged during a monthly billing cycle. For hourly jobs, the refund will be for whatever the Peep charged the Customer during the 2 weeks prior to the Customer informing CloudPeeps of their wish for a refund. The Customer may, at its discretion, receive a refund in the form a credit on the Site.

Subject only to the 2 week money-back guarantee set forth above, use of this Site is at your sole risk. All materials, information, products, software, programs, and services are provided "as is," with no warranties or guarantees whatsoever. CloudPeeps expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, CloudPeeps makes no warranty or guarantee that this Site will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT WILL CLOUDPEEPS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CLOUDPEEPS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Content

All content and materials (collectively, "Content") and “Service” delivered by the Peep(s) to the Customer(s) via the Site or otherwise in connection with a job are considered the intellectual property of the Customer and are subject to their copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. The designated Peep(s) will not share the intellectual property or proprietary Customer information with other Customers, and all Peeps deliver their services subject to this Terms of Service and the CloudPeeps Privacy Policy, a copy of which can be found here. CloudPeeps does not support the distribution of pornographic, violent, or inhumane content and will not uphold the request of Customers to do so.

Termination of Service

CloudPeeps reserves the right to terminate a user at any time. This could be for any number of reasons including but not limited to the following:

If a Peep fails to uphold a level of service or communication needed to ensure positive relationships with Customers.

If a Customer behaves negatively, outside of reasonable feedback, to a Peep.

Agreed Exclusivity Period and Non-Circumvention of the Site

Customers: By using the Site, you agree to use CloudPeeps to make all payments to Peeps you identify through the Site. You acknowledge that CloudPeeps earns its fees through transactions that take place on the Site. You agree not to take any action directly or indirectly to circumvent these fees. If a Peep solicits payment from you outside the Site, you agree to notify CloudPeeps immediately by sending an e-mail to hello@cloudpeeps.com.

Peeps: By using the Site, you agree to use CloudPeeps to receive all payments from all Customers who identify you or whom you identify on the Site. You acknowledge that CloudPeeps earns its fees through transactions that take place on the Site. You agree not to take any action directly or indirectly to circumvent these fees. You also agree to notify CloudPeeps immediately if a Customer seeks to pay you outside the Site by sending an e-mail to hello@cloudpeeps.com.

By way of illustration and not in limitation of the foregoing, you must not:

  • Submit proposals or solicit parties identified through the Site to contact, engage, or pay outside the Site.
  • Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site.
  • Invoice or report on the Site or in an Opt-out Fee request an invoice or payment amount lower than that actually agreed between Customer (or prospective Customer) and Peep.

Notwithstanding the foregoing, if the Customer pays a fee to CloudPeeps, in accordance with the Direct Hire Policy and/or Opt-Out Fee below, and CloudPeeps notifies both the Customer and the Peep that the opt-out option has been exercised for that Peep, the Customer has the right to pay that Peep outside of the Site.

Direct Hire Policy and Opt-Out Fee

In accordance with our Direct Hire Policy, herein, and upon notice to and approval from CloudPeeps, a Customer may directly hire a Peep identified through the Site, so that payment through the Site will not be required for that specific Customer and Peep. To directly hire a Peep, the Customer must pay CloudPeeps a “Direct Hire Fee,” computed to be the greater of the following amounts:

  1. $2,400 (less $200 for each month Peep and customer have been in a working relationship on CloudPeeps); or
  2. 15% of what the Customer would pay the Peep during a 1-year period from the date Peep and Customer agree to work directly, as estimated in good faith by CloudPeeps.

If Customer and Peep proceed to work directly, the Customer will be invoiced the full amount of the Direct Hire Fee, as computed above, and has 5 days to pay the invoice in full before CloudPeeps automatically processed the charge using the Customer’s payment details on file on CloudPeeps, or arrange an alternate payment schedule as agreed to by both Customer and CloudPeeps.

The intent of the Direct Hire Policy is to provide Customers with a way to hire Peeps for an employment relationship. The Direct Hire Policy shall not be used to circumvent the Service Fee. If CloudPeeps determines that the Direct Hire Fee is being used for any other purpose than the foregoing, CloudPeeps reserves the right to decline payment of the Direct Hire Fee, and to require that all payments take place on the Site. Violation of this policy may result in immediate removal of the Peep and the Customer from the Site.

To pay the Direct Hire Fee, you must request instructions by sending an email to hello@cloudpeeps.com.

If you wish to opt-out of making payments through the Site for any other reason, you may do so at the discretion of CloudPeeps, for an amount that will be no less than the Direct Hire Fee (the “Opt-Out Fee”). To pay the Opt-Out Fee, you must request instructions by sending an email to hello@cloudpeeps.com.

If you are aware of a breach or potential breach of the Direct Hire or opt-out policy, you agree to notify CloudPeeps immediately by sending an e-mail to hello@cloudpeeps.com.

Dispute Resolution Policy

CloudPeeps’ Dispute Resolution Policy can be found on our Site or through contacting hello@cloudpeeps.com. By using our Site, you agree to be bound by the Dispute Resolution Policy and all decisions reached in accordance with it by CloudPeeps.

Restrictions on Use

You may not use the Site or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of CloudPeeps. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without CloudPeeps's prior written consent.

Modification of CloudPeeps's content is a violation of the copyrights and other proprietary rights of CloudPeeps or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of CloudPeeps. The Site and the information contained therein may not be used to construct a database of any kind. The Site and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of CloudPeeps or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with CloudPeeps's consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of CloudPeeps or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.

Privacy

Cloud Peeps Inc.’s current privacy policy is available at the Site (the "Privacy Policy"), which is incorporated by this reference. We strongly recommend that you review the Privacy Policy closely.

Nature of Relationships

The Customer and the Peep performing services in connection with this Site recognize that the Peep is an independent contractor of CloudPeeps, and not an employee of CloudPeeps. Each Peep and the Customer recognize that any Peep performing services is not an employee of CloudPeeps, and is not entitled to any of the benefits normally provided to the employees of CloudPeeps. The parties acknowledge and agree that no partnership or employment relationship can be construed by this Terms of Service. Accordingly, the Peep bears all liability that results from their provision of the services, including, but not limited to remittances for taxes, insurance, pension plan, employment insurance and workplace safety insurance. The parties agree that the Peep may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place the Peep in a conflict of interest with CloudPeeps or the Customer. The parties also agree that no agency relationship exists between CloudPeeps and a Peep performing services under this Terms of Service, and such Peep does not, and is not authorized to, represent CloudPeeps as its agent. The parties also acknowledge that CloudPeeps does not oversee, supervise, monitor, train, manage, or advise the Peep performing services hereunder, nor does CloudPeeps determine such Peep’s hours or schedule of work or the manner in which the work is performed.