SUPPLEMENTAL TERMS FOR FRANCHISEES

Last Updated Date: January 12, 2020

These Supplemental Terms for Franchisees (the “Franchisee Terms”) are binding on any person or entity activating a Jobber account who has a franchisor/franchisee business structure.  As used herein “You” or “Franchisee” means the person or entity creating an account to use the Jobber Service and “Franchisor” means the entity with whom Franchisee has a franchisor/franchisee relationship.  These terms apply where a subscription to the Jobber Services is: (i) purchased by Franchisor on Your behalf or; (ii) purchased by You as mandated by Franchisor.  These Franchisee Terms are supplemental to the Jobber Terms of Service and Privacy Policy which bind all users of the Website, App and Service. Capitalized terms not defined i these Franchisee Terms have the meanings given in the Jobber Terms of Service.  

BY CREATING/CLAIMING AN ACCOUNT AS A FRANCHISEE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS.  IN PARTICULAR, YOU ARE AWARE THAT FRANCHISORS ARE GRANTED RIGHTS TO ACCESS ALL ACCOUNTS PURCHASED ON BEHALF OF FRANCHISEES AND WILL HAVE REVIEW-ACCESS TO ALL DATA IN SUCH ACCOUNTS AND THAT YOUR RIGHT TO ACCESS AND USE THE JOBBER SERVICE IS ‘AT WILL’ AND SUBJECT TO THE FRANCHISOR’S ONGOING PROVISIONING OF SUCH ACCOUNT ACCESS ON YOUR BEHALF.

  1. Entitlement.  Access to and use of the Jobber Service is for the Jobber Plan purchased.  Please see below for information on entitlement and changes to accounts.  
  • Jobber Plans Purchased by Franchisor.  Jobber Plans purchased by Franchisor may provide You with access to customizations, features and rates not generally available as part of standard Jobber Plans.  Any Jobber Plan purchased on your behalf by a Franchisor cannot be altered without Franchisor’s approval.  If Franchisor ceases to pay for Your subscription, fails to renew Your subscription and/or requests that Jobber terminate Your access to the Jobber Service through an account purchased by Franchisor, we will provide you with notice of the termination of your access which will take effect thirty (30) days from the date of such notice.   For information about direct subscriptions and pricing for Jobber Plans, please see https://getjobber.com/pricing.    Please note that not all accounts and their information can be transferred to a new Jobber Plan.  For information about closed accounts and new accounts, please contact https://help.getjobber.com/hc/en-us.
  • Jobber Plans Purchased by Franchisee.  Jobber Plans purchased by You can be altered in accordance with the Jobber Terms of Services.  If You cease to pay for Your subscription, fail to renew Your subscription and/or request that Jobber terminate Your access to the Jobber Service, we will provide notice of the termination of Your access which will take effect 30 days from the date of such notice.   We reserve the right to notify Franchisor of termination of any Franchisee accounts. 
  1. Fees.  By default, fees for use of the Jobber Service by You are either paid by Franchisor on your behalf or paid by You directly if You are using the Jobber Service in connection with a Franchisor-specific plan or because you are required or recommended to use the Jobber Service by your Franchisor.  Any reimbursement or cost-contribution in respect of Your Jobber Plan subscription is solely a matter between You and Franchisor.  If the applicable fees are not paid when due for your Jobber account, Jobber will have the right to suspend or terminate Your access to the Jobber account and Jobber Service unless/until the account is in good standing.
  1. Account Ownership & Franchisor’s Access Rights.  The Jobber Terms of Service including the “Account Ownership” terms apply to all users of the Jobber Service including Franchisees however, those terms are subject to certain rights of Franchisors’ as set out herein.   

    Franchisors will have certain rights to access Your account and certain administrator privileges. This includes the right to view and read-only access to all data and information contained in your account, which is accessible to an administrator, including transaction history, details of administrators, account balances and other information which you, as the Account Owner, will have access to. Franchisors do not have the automatic right to process any transactions or take any actions reserved for registered Jobber Payment users or engage in any financial transactions.
  1. Term and Termination.   These Terms are effective from the date you activate/claim a Jobber Account as a franchisee and will continue so long as you use the Jobber Service or until terminated by you or by Jobber in accordance with the terms herein and the Jobber Terms of Service.
  1. Support/Disputes.   Jobber will use its commercially reasonable efforts to provide you with customer support to help resolve issues relating to your franchisor/franchisee arrangement.   However any disputes between You and Franchisor, must be resolved directly between you and Franchisor and any requests for account shutdown by a Franchisor may be actioned by Jobber in Jobber’s discretion whether or not You have agree separate payment terms for account access with your Franchisor.
  1. Release.  You hereby release and hold Jobber, its successors, , assigns, affiliates, related companies, directors, officers and employees (collectively the “Released Parties”) harmless from all actions, causes of action, damages, claims, and demands whatsoever, (including all damage, loss and injury not now known or anticipated but which may arise in the future and all effects and consequences thereof), however and wherever arising in connection with the exercise of Franchisor rights in accordance with this agreement, any rights of Franchisors which you have agreed to separately and the exercise of any rights of Jobber as specified  in these Franchisee Terms.  
  1. Updates to these Terms.   These Terms may be updated by Jobber from time to time in accordance with the terms set out in the Jobber Terms of Service.
  1. Contact.  If you have any questions/concerns related to the franchisor/franchisee relationship and the Jobber Services, contact us 1-888-721-1115.