INDEPENDENT CONTRACTOR SERVICES AGREEMENT
Hour4U Mobile Application is an internet application (“Hour4U Mobile Application” or the “Application”) owned and operated by Hour4u Technologies Pvt. Ltd. Hour4U provides a service (the “Service”) that allows its customers (“Customers”) to access Hour4U network of contractors (“Champs” or “you” or “Contractor”) to identify local providers to meet intermittent needs for services.
The Champs have access to the Application to receive and review requests for services from Customers and to determine their interest in and availability to respond to such requests.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JUDGE OR JURY TRIALS.
Acknowledgement and Acceptance of Independent Contractor Services Agreement
By registering to become a Champ, you accept and agree to be bound by the terms of this Agreement. Please read it carefully. By accessing the Application, or becoming a Champ, you accept this Agreement and agree to the terms, conditions and notices contained and/or referenced herein.
Other than making the changes available on the Application, Hour4U does not assume any obligation to notify Champs of any changes to this Agreement, or the creation or modification of any additional term.
You acknowledge that you are able to electronically receive, download, and print this Agreement, any other terms, notices, forms and any other notices [documents?] required by, or incorporated into, this Agreement by reference, any amendments to this Agreement, or any other items required by regulation or law. Further, you agree to keep the contact information in your Account current at all times including, but not limited to, your email address, physical address, and phone number.
Use of the Application is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be at least 18 years old [or the age of legal majority in the jurisdiction in which you work and legally authorized to work in India to become a Champ. If you do not meet these criteria, you may not register to become a Champ.
Capitalized terms are defined as set forth below or elsewhere in the Agreement.
1.1 “Services” means the services described in a Job Request for services by a Champ to a Hour4u Customer.
1.2 “Job Request” means a notice provided, through the Application, to one or more Champs, which includes a description of the services to be provided by the Champs, the time by which the Job Request must be completed (the “Job Completion Date”) and the fee associated with the Job Request (the “Payment”).
An Open request is a request for services that have not yet been accepted by a Champ (“Open Request”). Champs can use the Application to review Open Requests and to indicate their availability for Open Requests. Once a Champ has accepted a Job Request pursuant to Section 1.2, the Job Request will become a “Hour4U Engagement”.
Each Hour4U Engagement constitutes a new contract between Hour4U and the Champ, and between the Champ and Requestor.
⦁ “Hour4U Mobile Application” or “Application” means the software application used by Hour4U in connection with the Services.
2.1 Background Checks and Privacy Information.
As part of your initial registration with Hour4U, you agree to immediately execute a written consent for a background check. Subject to a satisfactory background check and agreement to the terms herein, you will be eligible to use the Hour4U Mobile Application to view and accept Job Requests. You further agree to complete any on-going background checks as may be required by Hour4U or a Customer. Failure to complete the initial or on-going background check processes may result in an inability to accept Job Requests and/or removal from the Hour4U Platform. Please note that in order to run your background check, Hour4U will ask for your Adhaar Card number during the onboarding process. We may also share your Adhaar Card number with our payment vendors in order to verify your payment account to ensure the safety of your account.
2.2 Best Efforts
By registering to become a Champ and accepting a Job Request, you agree to use your best efforts to perform the Hour4U Engagement such that the Services meet the requirements and specifications of the Customer, for whom the Job Request was created.
Once a Champ has accepted a Job Request & froze the Job request, the Job Request will no longer be available for performance by other Champs who received the Open Request.
By accepting an Open Request, you are entering into a binding legal agreement to provide the Services for the Payment specified in the Open Request.
Do not accept an Open Request unless you are sure that:
(1) You understand what you are being asked to deliver;
(2) You can perform the Services identified in the Job Request;
(3) You can deliver the Services in the requested time period; and if required, you can get to and from the Customer’s location.
Failure to timely deliver the Services consistent with the Customer’s requirements and specifications will constitute a breach, which might result in non-payment. Further, in the event of such a breach, you will be responsible for payment of any additional fees (e.g., rush fees) or costs incurred as a result of your failure to timely complete the Job Request in accordance with the Customer requirements.
- INDEPENDENT CONTRACTOR RELATIONSHIP
Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Hour4U and you or between the Customer and you. You will take no position with respect to or on any tax return or application for benefits or in any proceeding directly or indirectly involving Hour4U that is inconsistent with your being an independent contractor (and not an employee) of Hour4U.
You are not the agent of Hour4U or the Customer and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of Hour4U or the Customer.
As an independent contractor, you are solely responsible for determining which Job Requests you will choose to accept and how, when and where you will provide the Services under this Agreement.
Hour4U does not restrict the Champ’s right to provide services through other parties, including competitors of the Hour4U Mobile Application; Hour4U expects the individual performing services as a Champ will provide services for other parties;
A Champ acknowledges and represents Champ can earn income from other sources; Hour4U does not guarantee the Champ any minimum amount of Hour4U Engagements;
Hour4U does not pay a salary or hourly rate but rather facilitates Requestor’s payment of the rate set by the Requestor;
Hour4U does not terminate the work during the term of this Agreement unless the Champ violates the terms of this Agreement or fails to produce a result that meets the specifications of the Agreement;
Hour4U does not provide training, tools, equipment, benefits, or expense reimbursement to the Champs; however sometimes Customers do provide food and travelling expenses and in that scenario it will be the sole responsibility of Champs to decide if they want to avail the reimbursements provided by the customers and Hour4U will not be having any obligations or responsibility to the same.
Hour4U does not combine its business operations in any way with the Champ’s business, but instead maintains such operations as separate and distinct. Champs shall have no legal authority to enter into contracts on Hour4U’s behalf or otherwise bind Hour4U in any way.
Under no condition Champs can work directly with our clients (customers) within 6 month of their last engagement with clients via Hour4u App. We also love when Champs get offer letters from our clients but in that scenario our Champs must intimidate Hour4u Technologies Pvt. Ltd. about it and after taking approval from us only they can join. If without intimidating hour4u technologies pvt ltd, Champs start working directly with our clients, then their previous payments will be kept on hold, their access to Hour4u mobile App will be taken off and strict legal actions will be taken against them.
3.1 Benefits and Contributions
You are not entitled to or eligible for any benefits that Hour4U, its parents, subsidiaries, affiliates or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, Hour4U will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf.
3.2 Taxes. You are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from the payment of Payments to you under this Agreement, and you agree to do so in a timely manner. You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.
4.1 Use and Disclosure
From time to time, you may be given access to confidential information in the course of performing engagements that you receive through Hour4U. During the term of this Agreement and at all times thereafter, you will (a) hold all Confidential Information in strict trust and confidence, (b) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement, and (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining Hour4U’s express prior written consent on a case-by-case basis.
“Confidential Information” means any and all information related to Hour4U’s or any Customer’s business (including trade secrets, technical information, business forecasts and strategies, marketing plans, customer and supplier lists, personnel information, financial data, and proprietary information of third parties including Customers) that Hour4U and/or the Customer considers to be confidential or proprietary or which Hour4U has a duty to treat as confidential.
4.2 Standard of Care. You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature, and with no less than reasonable care.
4.3 Exceptions. Your obligations under Sections 4.1 and 4.2 will terminate with respect to any particular information that you can prove, by clear and convincing evidence, (a) you lawfully knew prior to Hour4U’s first disclosure to you, (b) a third party rightfully disclosed to you free of any confidentiality duties or obligations, or (c) is, or through no fault of you has become, generally available to the public. Additionally, you will be permitted to disclose Confidential Information to the extent that such disclosure is expressly approved in writing by Hour4U, or is required by law or court order, provided that you immediately notify Hour4U in writing of such required disclosure and cooperate with Hour4U, at Hour4U’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure, including filing motions and otherwise making appearances before a court.
4.4 Removal; Return. Upon Hour4U’s request and upon any termination or expiration of this Agreement, you will promptly (a) return to Hour4U or, if so directed by Hour4U, destroy all Confidential Information (in every form and medium), (b) permanently erase all electronic files containing or summarizing any Confidential Information, and (c) certify to Hour4U in writing that you have fully complied with these obligations.
- NO CONFLICTS
You represent and warrant that you are not subject to any contract or duty that would be breached by entering into or performing your obligations under this Agreement, or any Hour4U Engagement, or that is otherwise inconsistent with this Agreement or any Hour4U Engagement.
- REPRESENTATIONS AND WARRANTIES
6.1 General. You represent, warrant, and covenant that:
(a) You have full right, power, and authority to enter into and perform under this Agreement without the consent of any third party (including any of your current or former employers);
(b) You will comply with all of the terms of this Agreement;
(c) You will fully conform to the Customer specifications, requirements, and other terms of any Job Request that you accept, and the Services delivered will be of a professional and workmanlike quality;
(d) You will comply with all applicable laws, rules and regulations in connection with performance of the Services under this Agreement;
(e) Any workers that you may employ, engage or otherwise retain to assist with performance of Services under this Agreement are properly classified and treated under any applicable laws and will assist with the performance of Services in a safe, lawful and workmanlike manner.
You will indemnify and hold harmless Hour4U and its parents, affiliates, employees, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorney fees and costs associated with litigation) arising from or relating to a breach by you of any representation, warranty, covenant, or obligation in this Agreement, or arising from or relating to any negligent or intentional act or omission committed by you, in connection with the performance of any Hour4U engagement, which act or omission gives rise to any claim for damages against you, Hour4U and/or its parents, affiliates, employees or agents.
Hour4U specifically denies any obligation to defend and/or indemnify you from and against any third party claims made against you arising from any negligent or intentional act or omission committed by you in connection with the performance of any Hour4U engagement.
You acknowledge that you are an independent contractor, not an employee of Hour4U. As such, you acknowledge and understand that you are not covered by any insurance that may be provided by Hour4U to its employees, including, without limitation, health insurance, workers compensation insurance, general liability insurance, and automobile liability insurance. Hour4U requires that, as an independent contractor, you maintain workers’ compensation or occupational accident insurance for which you are solely and exclusively responsible for. Specifically, in the event that you are injured while working in the course and scope of an engagement for Hour4U, you acknowledge and understand that you will not be covered by any workers compensation insurance coverage that Hour4U may provide to its employees. Further, in the event that your actions cause an injury to a third party while you are working in the course and scope of performing a Hour4U Engagement or the Services, you acknowledge and understand that you will not be covered by any general liability or automobile liability insurance coverage that Hour4U may have, and that Hour4U is not making any commitment to defend and/or indemnify you in such circumstances, and specifically denies such obligation.
6.4 Warranty Disclaimer.
The Application is provided “as is,” as available and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
We disclaim all and make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Application by any third party.
Some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.
- LIMITATION OF LIABILITY
IN NO EVENT WILL HOUR4U BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.HOUR4U’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT,WHETHER IN CONTRACT OR TORT OR OTHERWISE,WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENTS OWED BY HOUR4U FOR HOUR4U ENGAGEMENTS PERFORMED UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE FIRST CLAIM TO GIVE RISE TO LIABILITY UNDER THIS AGREEMENT.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- TERM & TERMINATION
8.1 Term; Termination by Hour4U
This Agreement is for a term of 60 days, and is automatically and continuously renewed for additional 60-day terms with continued use. In the event more than 60 days pass without the Champ using the Hour4U Mobile Application, then the Champ’s next use constitutes a renewal of this Agreement.
Hour4U reserves the right to terminate your access to the Application if you have not accepted a Hour4U Engagement in the previous twelve calendar months, if you materially breach the Agreement or any Hour4U Engagement, if you violate the law in connection with your use of the Application (or in connection with the performance of the Services) or if you have otherwise engage in conduct in using the Application that Hour4U, in its sole discretion, believes in good faith to be detrimental to its business interests.
Sections 3 (“Independent Contractor Relationship”), 4 (“Confidentiality”), 5 (“No Conflicts”), 6 (“Representations and Warranties”), 7 (“Limitation of Liability”), 8.2 (“Survival”), and 9 (“General Provisions”) will survive any termination or expiration of this Agreement and/or any modification or termination of the Application. Termination or expiration of this Agreement will not affect either party’s liability for any breach of this Agreement such party may have committed before such expiration or termination.
- GENERAL PROVISIONS
9.1 Law. Except for the “Mandatory Binding Individual Arbitration And Class Action Waiver” below, which is governed by the Federal Arbitration Act, this Agreement or any claim, cause of action or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the state of in which the Champ resides regardless of your country of origin or where you access Hour4U, and notwithstanding any conflicts of law principles.
(a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by Contractor must be delivered to Anmol at [email protected]
(b) Contractor agrees and acknowledges that entering into this Arbitration Agreement does not change Contractor’s status as an independent contractor in fact and in law, that Contractor is not an employee of the Company or the Company’s Customer and that any disputes in this regard shall be subject to arbitration as provided in this Arbitration Agreement.
(c) If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in the county in which the Contractor performed his contractual duties for The Company.
Withdrawing from a job
We do understand that things happen and there are times when you may not be able to complete a job after you have accepted or Applied to it. Please be responsible and make sure to let Hour4U know at least 12 hours ahead of time.
Please keep in mind that you may be asked to provide proof of illness or the emergency. Withdrawing from a job with less than 12 hours’ notice will result in restricted access to new jobs on Hour4U.
Below is the correct way to withdraw from a job.
⦁ Use the app to withdraw from the job 12 hours or more prior to the start of the job.
⦁ PLEASE DO NOT ask the Requestor to cancel you from the job. It is your responsibility to withdraw from this job so that it can be re-posted automatically and a new Champ can fill your spot.
Note: If the Requestor makes a time / payments change to a job you have accepted, you will be able to withdraw. Please let us know immediately that you can no longer do the job by contacting [email protected].
Breach of Contract Policy
As a Champ, when you accept a job you have created a contract to perform services. Failing to perform these services constitutes a breach of the contract. If you no-show, withdraw from a job less than 12 hours before the start time, receive a rating of 3 stars or less, or ask the Requestor to cancel a job for you instead of withdrawing on your own within the app, then you are breaching the contract.
⦁ First Breach = 3-day restricted access to new jobs and removal from any accepted jobs
⦁ Second Breach = 7-day restricted access to new jobs and removal from any accepted jobs
⦁ Third Breach = Permanent restricted access to new jobs and removal from any accepted jobs.
⦁ 1 breach = Any withdrawal from a job less than 12 hours before the job start time.
⦁ 1 breach = Withdrawing from 3 jobs or a multi-day job (12+ hours before the start time) within 30 days.
⦁ 1 breach = Any 1, 2, or 3 star rating
⦁ 1 breach = Asking the Requestor to cancel a job for you instead of withdrawing on your own within the app.
⦁ 3 breach = Any withdrawal from a job less than 4 hours before the job start time results in permanent restricted access to new jobs and removal from any accepted jobs.
⦁ Any no-show after the “start” time will automatically result in permanent restricted access to new jobs and removal from any accepted jobs.
⦁ If you will accept and reject more than 5 Job Requests in a day, that may result in permanent restricted access to new jobs and removal from any accepted jobs.
After 30 days, if no additional breaches are incurred, your breaches will reset to 0.
If you ever have any questions about the circumstances surrounding your breach, [email protected] will be your best go-to.
Incentives and Rewards
Your profile includes your picture, phone number, and star rating – all of which will be accessible to the Requestor when you accept or Apply to a job. Once you complete a job, the requestor will provide feedback based on your work performance for that day.
Requestors rate Champ’s performance based upon the following scale:
5 = Outstanding job!
4 = Nice work.
3 = Unsatisfactory
2 = Poor Performance.
1 = Unacceptable.
Maintaining a high rating is important because it gives you priority access to jobs. Higher will be the ratings, higher will be your access to job notifications.
PS- When you get a rating below 3 our team looks into the issue and based upon the feedback from Requestor you might get a reduction in your payments.
Every time you reach the venue and start work on time you move up in the ladder and our algorithm gives you more access to job notifications.