Supplemental Terms for Franchisees
Last Updated Date: November 3, 2023
These Supplemental Terms (the “Franchisee Terms”) are binding on any person or entity activating a Jobber account where the Services are: (i) purchased by the Distribution Partner (as defined below) on Your behalf; or (ii) purchased by You as mandated by the Distribution Partner; or (iii) You are invited by Jobber to set up a customized account under the Distribution Partner’s banner.
As used herein “You” or “Franchisee” means the person or entity creating an account to use the Jobber Service and “Distribution Partner” means an entity that has partnered with Jobber to set up a distribution relationship for its related entities, including entities related as franchisees and franchisors, or similar contractual relationships (for example, dealer and manufacturer relationship, multi-unit companies that may not be legally structured as franchises, etc.).
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 DISTRIBUTION PARTNERS ARE GRANTED RIGHTS TO ADMINISTRATIVE PRIVILEGES AND ACCESS FOR ALL ACCOUNTS PURCHASED ON BEHALF OF OR BY FRANCHISEES AND WILL HAVE 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 DISTRIBUTION PARTNER’S ONGOING PROVISIONING OF SUCH ACCOUNT ACCESS ON YOUR BEHALF.
- 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 Distribution Partner. Jobber Plans purchased by Distribution Partner 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 Distribution Partner cannot be altered without Distribution Partner’s approval. If Distribution Partner 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 Distribution Partner, we will terminate your access. Please note that no Franchisee accounts nor 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 terminate your access. We reserve the right to notify Your Distribution Partner of termination of any Franchisee accounts.
- Fees. By default, fees for use of the Jobber Service by You are either paid by Distribution Partner on Your behalf or paid by You directly if You are using the Jobber Service in connection with a Distribution Partner-specific plan or because You are required or recommended to use the Jobber Service by Your Distribution Partner. Any reimbursement or cost-contribution in respect of Your Jobber Plan subscription is solely a matter between You and Distribution Partner. 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.
- Account Ownership & Distribution Partner’s 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 Distribution Partners as set out herein. Distribution Partners have certain rights to access Your account and administrator privileges. This includes, without limitation, the right to view and access 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. Distribution Partners also have the right to add users onto accounts at any time (and such users may be given administrative privileges by the Distribution Partner at their discretion), and includes the right to approve user access across multiple accounts within the Distribution Partner’s group of accounts as per the approved parties they have provided to Jobber. Distribution Partners do not have the ability to enable Jobber Payments for your account.
- Term and Termination. These Franchisee Terms are effective from the date You activate or claim a Jobber account as a Franchisee and will continue so long as You use the Jobber Service or until terminated by You, Distribution Partner, or by Jobber in accordance with the terms herein and the Jobber Terms of Service.
- Support/Disputes. Jobber will use its commercially reasonable efforts to provide You with customer support to help resolve issues relating to Your arrangement with the Distribution Partner. However any disputes between You and Distribution Partner must be resolved directly between You and Distribution Partner and any requests for account shutdown by a Distribution Partner may be actioned by Jobber in Jobber’s discretion whether or not You have agreed to separate terms for account access with Your Distribution Partner.
- 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 Distribution Partner rights in accordance with these Franchisee Terms, any rights of Distribution Partners which You have agreed to separately, and the exercise of any rights of Jobber as specified in these Franchisee Terms.
- Updates to these Terms. These Franchisee Terms may be updated by Jobber from time to time in accordance with the terms set out in the Jobber Terms of Service.
- Contact. If you have any questions/concerns related to the franchisor/franchisee relationship and the Jobber Services, contact us 1-888-721-1115.