TESTER CONTRACT FOR SERVICE

Please read this Agreement carefully. You must agree to this Agreement before you can become a tester at NetizenTesting.com. This Agreement is made between You and NetizenTesting.com.
You are accepting this Agreement by either clicking a box indicating your acceptance or by executing an order form that references this Agreement, You agree to this Agreement. IF YOU DO NOT AGREE WITH THIS AGREEMENT, OR DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THIS AGREEMENT. By using NetizenTesting.com and its proprietary platform, software, content and information, You agree to be bound by this Agreement and Our Privacy Policy.

DEFINITIONS
“We”, “Us”, or “Our” means NetizenTesting.com.
“You”, “Your”, “Tester” or “Testers” means the person who is applying to NetizenTesting.com to conduct usability testing remotely through the Internet.
“Client” or “Clients” means the company or other legal entity that purchase NetizenTesting.com’s Services.
 “Content” includes but not limited to websites, advertisements, graphics, sketches, pictures, games, animated videos, animations, search process using any Internet search engine providers, user interface of any kind, software, software prototypes or any other contents provided by the Client as the subject matter required for NetizenTesting.com to conduct the usability test.   
“Testing Instructions” means testing instructions, criteria, web links, Tester demographics, start date, end date, specific tasks description and all details of the Project to be given by the Client to NetizenTesting.com. NetizenTesting.com subsequently relays these instructions to its Testers.
“Test Results” means the usability testing results conducted by the Tester for NetizenTesting.com
“Project” means each usability test request by the Client to NetizenTesting.com.
“Service” or “Services” means the usability testing conducted by NetizenTesting.com for the Client according to the Client’s Testing Instructions and the testing results delivered by NetizenTesting.com.   
“Software Recorder” means the screen and voice recording software developed and owned by NetizenTesting.com.

OBLIGATIONS OF THE TESTER
You agree to keep confidential of all information that you will see or seen during any usability testing conducted for NetizenTesting.com and shall not disclose such information to any third party. You may not copy any Test Results or use it for other purposes other than uploading it to NetizenTesting.com’s server. If you are provided with passwords to access protected information during testing, you shall not use the password to access those information after the testing is completed.
We may collect data about your activities on NetizenTesting.com and/or when you are using our Software Recorder and we will share your non personal identifiable information with our Clients, without limitation, such as browser version and computer operating system version. In order to be a Tester, you will need to fulfil the following criteria:
1. have a minimum ADSL internet connection
2. Computer running on Windows or Mac with at least 1GB RAM and 5 GB free hard disc space.
3. USB or plug in headset microphone in proper working condition, with clear voice recording.
4. Valid email address and Paypal email address to get payment

We make no warranties that you will be chosen to provide usability testing services.

SOFTWARE RECORDER
NetizenTesting.com agrees to license to the Tester the right to use its Software Recorder to conduct usability testing Projects provided by NetizenTesting.com. You agree not to use NetizenTesting.com’s Software Recorder for any other purposes other than to conduct usability testing services for NetizenTesting.com. Both Parties agree that NetizenTesting.com takes reasonable care to ensure that the Software Recorder does not create harmful effect to the Tester’s computer. However, the Testers acknowledge and assume all risks in using the Software Recorder.

TESTER’S PERSONAL INFORMATION
NetizenTesting.com will not share your personal identifiable information with our Clients. Please read our privacy policy for further information.

COMMUNICATION WITH CLIENTS
You shall only communicate directly with our Clients through NetizenTesting.com’s proprietary platform. You agree not to solicit or offer usability testing services to Our Clients directly.
    
PAYMENT
NetizenTesting.com shall make payment to the Tester using Paypal after 14 days from the date the Tester successfully completed the test.  A completed Test Results includes the video recording and written answers to the written questionnaires.
We will only pay You if You have perform the usability testing in accordance to the requirements set down by the Client and the guidelines set down by NetizenTesting.com.


RELATIONSHIP
You agree that You are an independent contractor to NetizenTesting.com and this Agreement does not create any other contractual relationship, without limitation, as an employee or partner.   

RIGHTS
Both Parties agree that NetizenTesting.com is the owner of all content, information and data on NetizenTesting.com.
You agree that the payment You receive from NetizenTesting.com is full and final settlement for Your usability testing services. You hereby agree to grant NetizenTesting.com an irrevocable worldwide rights and interest of the Test Results for no additional fee.

LIABILITY AND INDEMNITY
The cumulative liability of a NetizenTesting.com shall not exceed the total amount paid to the Tester for a particular usability testing service at issue, whether arising from tort, contract, statutory duties, negligence or any other theory of liability.
The Tester further agrees to fully indemnify and hold harmless NetizenTesting.com, its founders, directors, staffs, personnel, clients, representatives, successors, contractors, assignee, licensee, and Testers from all actions, claims, demands made by third parties, and/or liabilities arising from Your provision of usability testing service to Us.
The Tester agrees to release NetizenTesting.com from all actions, claims, demands made by third parties, and/or liabilities arising from Your provision of usability testing service to Us.

GENERAL PROVISIONS
NetizenTesting.com reserves the right to change the provisions under this Agreement, without notice. If You do not agree to them, You may not provide Your usability testing services to Us. Any disputes arising will be governed by the provisions in effect at the time of claim.  
You may not assign any rights or obligations contained in this Agreement. NetizenTesting.com may with its discretion, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
Any term, condition, stipulation, provision, covenant or undertaking of this Agreement which is illegal, prohibited or unenforceable in any jurisdiction shall as to such jurisdiction be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions thereof and any such illegality, voidness, prohibition or unenforceability in any jurisdiction shall not invalidate or render illegal, void, or unenforceable any such term, condition, stipulation, provision, covenant or undertaking in any other jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of Singapore. The captions of this Agreement are not part of the provisions hereof and shall have no force or effect. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Singapore. If dispute arises, the Parties agree to use mediation and arbitration before resorting to the court of justice. The cost of mediation and arbitration shall be borne by both Parties equally.
You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with NetizenTesting.com. We will provide notice via email or other means of communication that You have provided to Us in Your contact information.
In the event of any dispute between the terms and conditions of the Agreement, the English version of this Agreement shall prevail and take precedence.


Please email us at Support@NetizenTesting.com if you have any comments or questions.
 
Last update:  8 July 2012