Last updated on July 31, 2020
The Sidekicks.co site and its services are provided to the CLIENT subject to the terms, conditions, and notices contained or referenced herein (the "Terms of Service") and any posted rules that may appear on the site.
BY USING SIDEKICKS SERVICES LTD.’S SITE AND ITS SERVICES, the CLIENT AGREES TO BE BOUND BY THESE TERMS OF SERVICE. These Terms of Service are effective as of the "Last Modified" date at the top of this page. Sidekicks Services Ltd. expressly reserves the right to change these Terms of Service from time to time with or without notice. Any modification with or without notice is deemed acknowledged and on which the CLIENT is bound. In the event that any modification materially alters the Client’s agreed rights or obligations , such modified Terms of Service will be deemed effective only upon the Client’s actual knowledge thereof, or after 30 days from publication of such modified Terms of Service, whichever is earlier. The resolution of any dispute between Sidekicks Services Ltd. and the Client will be governed by the Terms of Service in effect at the time such dispute arose.
References to Sidekicks Services Ltd.’s "Affiliates" include its owners, producers, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers.
SIDEKICKS SERVICES LTD. is an external service provider that supplies Clients with quality manpower (Sidekicks’ Agents) for work that is either part of their core business or not. The type, nature, and scope of the service to be provided shall be clearly indicated in the Agreement. Any task falling short or requiring more constitutes a breach of such Agreement that may warrant a termination of service.
Services rendered by and/or working hours required from Sidekick’s Agents are non-transferable. The Client cannot sell or give away hours from his/her subscription. One is, however, free to recommend a subscription to colleagues, business partners, friends and family members. . A Sidekicks account is also exclusive and non-transferable.
If a Sidekicks Agent creates anything original for the Client ("Work Product"), Sidekicks Services Ltd. acknowledges the Client’s exclusive and irrevocable license to use the same for personal and commercial purposes. The Client owns the Work Product and has the right to possess, use, enjoy the fruits thereof, dispose or sell it to any third party, whether such third party is known to Sidekicks Services Ltd. or not.
Sidekicks Services Ltd. assures the Client that any Agent assigned to him/her meets the necessary skills and knowledge for the position involved. But while Sidekicks Services Ltd. offers a ‘SuperHero Guarantee’, there is still no warranty on any of the information, tasks, or projects the Sidekicks Agent completes for the Client. Sidekicks Services Ltd. has an undying drive and is in constant move on maintaining a high grade workforce. It always does its best to provide the most accurate, most effective information available for the Agent’s use while working for the Client. However, any information given and any work outcome cannot hold Sidekicks Services Ltd. liable legally or morally. Although there is technically no employer-employee relationship between the Client and the Sidekicks Agent, it is still the Client, and not Sidekicks Services Ltd., who has the control over the Agent’s work, from inception until completion.
By executing the Agreement, the Client agrees to pay Sidekicks Services Ltd. a certain price per Agent depending on the number of hours work and services required. One hundred and sixty (160) rendered hours per month is considered Full Time, while less work hours is considered Part Time. An Agent may also be engaged for a Job Order only (Employment for a Piece of Work) for which pay is not based on the number of hours worked but on the type of task completed. The amount to be paid for service given shall be agreed on between Sidekicks Services Ltd. and the Client. Sidekicks Services Ltd.’s services are on price tiering, depending on the skills required on the work, as set by the Client. All Sidekicks plans are governed by a daily 8-hour maximum limit. Any hours unused on the day will not be carried over. Applicable additional fees may be incurred for work beyond the agreed normal working hours (overtime pay) and during approved holidays (holiday pay).
The Client cannot in any way interfere with Sidekicks Services Ltd. and its Agent’s pay rate agreement. However, the Client is always at liberty to give bonuses should he/she desire to do so. Rewarding the Agent for a job well done is always a kind thing. It will keep one inspired and motivated to contribute more.
Included in the Agreement is the Sidekicks Agent’s right to an automatic increase to his/her rate as follows:
The Client can request for a refund if:
The Client can also request for a refund in any instance he/she deems fit. In this case, however, Sidekicks Services Ltd. is not stripped of the right to look into the matter and discern if a refund is indeed proper. A failure to agree constitutes a dispute which can be brought to any court of law. See provision on Jurisdiction below.
Sidekicks Services Ltd. will NOT issue a refund if the Client fails to comply with the Terms of Service and/or the Agreement.
The refund will be prorated to the number of the days remaining until the next billing date where the Client wants immediate cancellation.
The Client is always free to leave. The monthly subscription can be canceled at any time with no additional fees or hassle. In order to get a refund for the first month, he/she must cancel within the first 30 days. If cancellation is done after that period, one will be charged up to the end of that month's service. The Client Happiness team at: firstname.lastname@example.org is there to help the Client who has signed up. Sidekicks Services Ltd. may cancel the Client’s monthly subscription for any or no reason at all provided there is prior notice of 30 days and a prorated refund is given at the standard monthly rate for any time period for which the Client has already paid.
Either Party may terminate the Agreement upon 30 days written notice to the other Party for any purpose. The following are a few sample reasons for termination of service by Sidekicks Services Ltd.:
The lapse of the period of engagement of service (subscription), as defined by the kind of subscription, automatically terminates the service of Sidekicks Services Ltd., unless a continuation thereof is agreed upon. Hourly Projects are deemed continuous, unless and until they are expressly cancelled by the Client.
Upon termination of service, the Client assumes the obligation to make all means to obtain all of his/her work files under Sidekicks Services Ltd.’s / Sidekicks Agent’s custody. Any files lost after 30 days from termination of service will not make Sidekicks Services Ltd. and/or its Agent liable to the Client or any third party.
The termination of service marks the termination of work relationship between the Client and the Sidekick’s Agent. Sidekicks Services Ltd. is not accountable to any failure or damage caused by the Sidekicks Agent in his/her dealing with the Client in any form or nature after such termination of service.
Any Agreement between the Client and Sidekicks Agent, in connection with a service contract, requiring that payment be made outside of Sidekicks Services Ltd. shall constitute a material breach of the Agreement which justifies a termination of service and/or cancellation of subscription without refund.
In the Agreement, the Client acknowledges that Sidekicks Services Ltd. has made a substantial investment in recruiting, training and matching skilled Sidekicks Agents with each of its Clients, and that Sidekicks has a legitimate interest in earning a reasonable return on those investments.
The Client also acknowledges that Sidekicks Services Ltd. has agreements with Sidekicks Agents that protect this interest by requiring that Sidekicks Agents obtain Sidekicks Services Ltd.’s prior written consent before accepting any direct engagement with the Client to whom they were assigned.
Accordingly, to the fullest extent permitted under applicable law, the Client agrees that during his/her subscription and for a period of twelve (12) months immediately following the termination of such subscription with Sidekicks Services Ltd. for any reason, he/she shall not directly or indirectly solicit any Sidekicks Agent to leave his or her employment with Sidekicks Services Ltd. and to work for him/her in any engagement directly or indirectly. Should any solicitation by the Client become a substantial factor resulting in a Sidekicks Agent leaving Sidekicks Services Ltd. and accepting an engagement directly or indirectly without Sidekicks Services Ltd.’s consent, the Client agrees to pay Sidekicks a one-time fee equivalent to one year of the Client’s recent monthly Sidekicks subscription. This is considered as damage reasonably calculated to compensate Sidekicks Services Ltd. for its lost investment and not as a penalty of any kind. The acceptance of this one-time fee by Sidekicks Services Ltd. from the Client does not, however, constitute a waiver of the former’s right to bring a case in court for any other claim.
All stipulations in the Agreement shall be construed in accordance with the laws of State of Alberta, Canada.
In case any of the parties want to seek for judicial recourse in any dispute arising from the Agreement, the courts of Alberta, Canada shall have the exclusive jurisdiction being the primary Statewhere Sidekicks Services Ltd. operates, except when there is an agreement to the contrary. A different venue (State), if wanted, must itself be expressly stated in the Agreement.