INDEPENDENT CONTRACTOR AGREEMENT
Date modified: July 18, 2018
- Contractual Relationship
This Independent Contractor Agreement (“Agreement”) constitutes a legal agreement between The Home Team, Inc. (“Company”) and you. This Agreement governs your access to and use of Company’s online lead generation platform and related websites, content and mobile applications (collectively, “the Platform”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. If you do not agree to the terms herein, you may not access or use the Platform. Company may amend the terms of this Agreement from time to time. Amendments will be effective upon Company’s posting of such updated terms at this location. Your continued access or use of the Platform after such posting constitutes your consent to be bound by the Agreement, as amended.
- The Platform
The Platform is the online lead generation system, website and mobile application provided by Company that enables individuals, like yourself, to seek, receive, and fulfill requests for moving and/or logistics services from authorized users of Company’s website and mobile application (Users). The Platform is made available solely for your use as a Home Team member to claim and perform specific job requests submitted by Users. YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROVIDE MOVING OR LOGISTICS SERVICES OR FUNCTION AS A MOVING COMPANY. YOU FURTHER ACKNOWLEDGE THAT YOU ARE NOT AN EMPLOYEE OF COMPANY.
Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, revocable, and non-transferable license to access and use the Platform on your personal device solely in connection with your activities as a Home Team member. Any rights not expressly granted herein are reserved by Company and Company’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (ii) reproduce, modify, distribute, license, or otherwise exploit the Platform; (iii) decompile, reverse engineer or disassemble the Platform; (iv) link to, mirror or frame any portion of the Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks.
The Platform and all rights therein are and shall remain Company’s property or the property of Company’s licensors. Neither this Agreement nor your use of the Platform conveys or grants to you any rights: (i) in or related to the Platform except for the limited license granted above; or (ii) to use or reference in any manner Company’s names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
- Network Access
You are responsible for obtaining the data network access necessary to use the Platform. Your mobile networks data and messaging rates and fees may apply if you access or use the Platform from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and applications and any updates thereto. Company does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications, for which the Company shall be in no way liable to you.
- Your Home Team Account
Once you are approved as a Company member, you will be able to log in using the e-mail address and password selected during the application process to access and use the Platform on your personal device in accordance with this Agreement.
You agree that you will maintain your username and password in confidence and not share your username or password with any third party or other Home Team member. You will immediately notify Company of any actual or suspected breach or improper use or disclosure of your username or password.
- Claiming and Fulfilling Job Requests
When your Company account is active, job requests from individuals requesting services through the Platform (“Users”) within the applicable geographic region will appear via the Platform. You may accept any available job request as you choose. You acknowledge and agree that once you accept a job request, Company may supply, through the Platform, certain information about you to the User, including your name, contact information, and photograph. You will be solely responsible for determining the most effective, efficient, and safe manner to perform each job request you claim, and you will provide all the equipment, tools, and other materials, at your own expense, necessary to perform the job. Company is in no way involved in the actual transportation, shipping or storage of household goods. Accordingly, you acknowledge and agree that any equipment, tools and other materials necessary to perform the job will not include rental or moving trucks (or any other mode of transportation) or similar moving equipment.
You retain the discretion to accept, decline, or ignore any User job request. You retain the discretion to cancel any accepted job request. However, if you cancel an accepted job on 2 occasions, your account will be deactivated. Additionally, if you accept a job request and fail to either cancel the request or show up to perform the job, your account will be deactivated.
Company member will be paid $13-15 per hour. The company will initiate payment to Company member within one week of each job performed via [methods of payment].
- Your Relationship With Company and the User
Company is not responsible or liable for any acts or omissions of a User in relation to your use of the Platform or your activities as a Home Team member. Additionally, Company is not responsible or liable to any User or third party for any acts or omissions you commit in relation to your use of the Platform or your activities as a Home Team member. Your relationship with Company and your relationship with a User are separate direct business relationships. You are not an employee of Company. You and Company agree and understand that this Agreement is to be interpreted in conjunction with any independent contractor agreement pertaining to an accepted job request. To the extent there is any inconsistency between this Agreement and such independent contractor agreement, the terms and conditions of the independent contractor agreement shall control.
As Home Team member, you are free to claim and fulfill as many and whichever User job requests you choose. Additionally, you are free to pursue or engage in any other business, occupation, or employment, and your use of the Platform and status as a Company do not in any way limit that freedom or right. You acknowledge and agree that you are not economically dependent on Company or the Platform.
You and Company agree that in the performance of this Agreement, each party may acquire or have access to confidential information regarding the other party or Users. Such confidential information includes your personal identifying information, any information you submit during the application process to become a Home Team member, your Company username and password, the personal identifying information of any User (including name, address of residence, phone number, email address, etc.), and any of the following information regarding Company: any business, financial, technical, operational, or marketing plans, data, or information that is nonpublic or proprietary.
Each party acknowledges and agrees that it will not use or disclose any confidential information to any third party, except as specifically set forth in this Agreement (i.e., Home Team member disclosure of your name, contact information, and photograph to a User, as set forth in Section 5, above). Each party further acknowledges that it shall not use confidential information of the other party except to accomplish the duties and obligations of this agreement.
This section is not meant to preclude the disclosure of confidential information required by law, court order, subpoena or any governmental authority, provided the party with such obligation notifies the party whose confidential information is subject to disclosure and provides the party a reasonable opportunity to contest or limit the required disclosure. Additionally, Company may disclose your confidential information to the extent necessary to defend against any charge, lawsuit, or other claim brought by you against Company.
- Disclaimer; Limitation of Liability; Indemnity
Company does not make any representation, warranty, or guarantee regarding the reliability, quality, or availability of the Platform or that the Platform will be error-free. Company does not grant or guarantee you any right, access, or priority to any particular User job request.
You acknowledge and agree that the entire risk arising out of your use of the Platform and performance of User job requests is solely with you. Company shall not be liable to you or any User for any personal injury, death, property damage, or any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, arising from your use of the Platform or your performance of any job for any User.
You agree to indemnify and hold Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys fees), arising out of or in connection with: (i) your use of the Platform; (ii) your performance or nonperformance of any work for a User; (iii) your breach or violation of this Agreement; (iv) or your violation of the rights of any third party, including Users.
- Choice of Law
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles.
- Arbitration & Class Action Waiver
You understand that you would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide your case, but both you and Company choose to have any disputes resolved through arbitration by the American Arbitration Association (or its successor). YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY CONCERNING YOUR ACCESS TO OR USE OF THE PLATFORM, YOUR ACTIVITIES AS A HOME TEAM MEMBER, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT, OR ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO ANY INTERPRETATION, CONSTRUCTION, PERFORMANCE OR BREACH OF THIS AGREEMENT, SHALL BE SETTLED BY ARBITRATION TO BE HELD IN CINCINNATI, OHIO IN ACCORDANCE WITH THE RULES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASSOCIATION (OR ITS SUCCESSOR). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Company and you will equally share in the costs of arbitration, including the arbitrator’s fees, and you and Company shall separately pay your own counsel fees and expenses. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended. Judgment upon the award rendered may be entered in any Court of competent jurisdiction. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
You hereby waive your right to participate as a representative or a member of a class in a class action related to any claim, dispute or controversy between you and Company that in any way arises from or relates to this Agreement, your access to or use of the Platform, or your activities as a Home Team member (Class Action Waiver). Further, unless both you and Company agree otherwise, an arbitrator resolving any such dispute, claim or controversy may not consolidate more than one person’s claim or claims. Notwithstanding any other part of this Agreement, the validity and effect of this Class Action Waiver must be determined only by a court and not by an arbitrator.
YOU HAVE THE RIGHT TO OPT OUT OF THIS SECTION 11 BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO THE HOME TEAM (PER SECTION 12, BELOW) WITHIN 60 DAYS OF THE EXECUTION OF THIS AGREEMENT.
This arbitration provision does not apply to disputes regarding the intellectual property rights of you or Company.
Company may give notice via general notice on the Platform, electronic mail to your email address in your account, or written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Company, with such notice deemed given when received by Company, at any time by first class mail or pre-paid post to Home Team Services LLC., 412 N. Main Street, Suite 100, Buffalo, Wyoming, 82834.
- Assignment; Severability; Waiver
You may not assign this Agreement without Company’s prior written approval. Company may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Company’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Company or any User as a result of this Agreement or use of the Platform. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Company’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.