QWIKFIX PROVIDER AGREEMENT
Last updated: Month Day, Year ("Effective Date")
The QWIKFIX Provider Agreement (“Provider Terms”) constitute a legally binding agreement ("Agreement") between QwikFix - Handy Home And Business Connections having a place of business at QwikFix - Handy Home And Business Connections (“QWIKFIX” “we”, “us”, or “our”) and you, an individual (“you” or “your”).
QWIKFIX provides on-demand lead generation to enable independent providers of home repair and maintenance to seek, receive and fulfill requests for home repair and maintenance services from an authorized user of QWIKFIX's website and/or related software application ("QWIKFIX Service"). You desire to enter into this Agreement for the purpose of accessing and using the QWIKFIX Service.
You acknowledge and agree that QWIKFIX is a technology services provider that does not provide home repair and maintenance services.
The Provider Terms are intended for all indpendent providers using the QWIKFIX Service. In order to use the QWIKFIX Service you must agree to the terms and conditions set forth herein. If you do not agree to these terms you may not access or use the QWIKFIX Service. In the event of a conflict between this Agreement and any other arrangements between you and QWIKFIX, the terms of this Agreement shall govern.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. QWIKFIX Service
QWIKFIX provides an online platform whereby indpendent providers ("Providers") can connect with users of the QWIKFIX Service ("User/Users") to provide home repair and maintenance assistance (hereafter, “Providers”). Providers can access the QWIKFIX Service through the use of the QWIKFIX provider mobile application ("Provider App"), which can be accessed by you on an authorized mobile device for the purpose of seeking, receiving and fulfilling on demand requests for home repair and maintenance. When you are active on the Provider App, User requests for home maintenance and repair may appear to you if you are available and in the vicinity of the User. If you choose to accept a request via the Provider App you will be provided with information about the requesting User, including their name and address. You agree that any information provided about a User will be used solely for the purpose of fulfilling that User's request. Once a request is accepted you agree to use your best efforts to arrive at the requesting User's address within the agreed upon time frame. You acknowledge and agree that upon acceptance of a User's request, the QWIKFIX Service will provide certain information about you to the requesting User, including but not limited to, your name, your image, your phone number, your past experience, the make and model of your vehicle. Upon arriving at the User's address, you will use the Provider App to track the time required to complete the User's request. If you are unable for any reason to complete the request you agree to immediately notify QWIFIX via the Provider App and provide any additional information that may be reasonably requested.
Providers shall be solely responsible for the services rendered to Users. You agree to complete User requests in a safe and professional manner, consistent with industry standards. You agree to comply with all applicable local laws, federal laws and regulations. Providers shall be solely responsible for providing proper equipment and methods to complete User requests.
Providers shall be solely responsible for any personal injury, propery damage, or other loss, tangible or intangible, resulting from Provider's provision of service to any User.
You acknowledge and agree that you are solely responsible for maintaining adequate insurance and bonding that may be necessary in accordance with applicable laws.You further agree to take such necessary precautions that are reasonable and proper to protect yourself from any acts and omissions of a User or any other third party.
QWIKFIX makes no representations, warranties or guarantees regarding any content or information provided by Users or Providers. All services rendered by Providers to Users are made at each party’s own risk. QWIKFIX is not responsible or liable for the actions or inactions of a User in relation to you in any capaity.
QWIKFIX's collection and use of personal information is set forth in its Privacy Policy ("Privacy Policy"), which is fully incorporated herein by reference.
2. User Accounts
2.1 Account Information. By registering an account to use the QWIKFIX Service ("Account"), you represent and warrant that all information you submit, including, without limitation, your first and last name, birth date, telephone number, address, personal image, insurance or bonding information, work experience and any related information, and credit card or financial account payment information is accurate and truthful. You agree to maintain accurate and up-to-date information, promptly submitting changes when needed. Failure to maintain up-to-date information may result in inability to access the QWIKFIX Service and Provider App.
2.2 Account Eligibility. By registering an Account, you represent and warrant that:
a) you are at least 18 years of age, or of legal age to enter into a binding contract in your jurisdiction (whichever is less); and
b) you will not authorize any third parties, including but not limited to persons under the age of 18, employees or sub-contractors, to access your Account or to providehome repair and maintenance services to Users; and
c) at all times you shall hold and maintain all appropriate levels of certification, licenses, and/or permits required to perform home repair and maintenance work in the state in which you register with the QWIKFIX Service; and
d) that you possess the requisite equipment, materials, skills and experience for any work that you accept through the QWIKFIX Service; and
e) that you will possess and maintain during the term of this Agreement appropriate levels of liability insurance and bonding, as applicable, to provide protection against bodily injury and property damage to third parties. You agree to be solely responsible for the costs associated with any insurance or bonding. Failure to maintain any of the insurance coverage required herein shall constitute a breach of this Agreement.
QWIKFIX, in our sole discretion, may refuse access to, or use of the QWIKFIX Service to any party, and change the eligibility criteria at any time.
2.3 Account Security. You are solely responsible for maintaining the security and correctness of your Account information. You accept full responsibility for all activity, liability, damage and/or loss resulting from failure to maintain a secure password or other means of accessing your Account. You agree to immediately notify QWIKFIX of any unauthorized use of your password or other breach of security.
2.4 Conduct: You agree to comply with all local, state and national laws regarding online conduct and acceptable content. Additionally, you agree to abide by the policies stated in these Provider Terms as well as all other policies and procedures that may be published from time to time which may be updated by QWIKFIX from time to time without notice to you.
2.5 Provider Generated Content. Any textual, audio, and/or visual content and information submitted via the QWIKFIX Service Provider Generated Content") shall remain your sole property. However, by submitting Provider Generated Content you grant QWIKFIX a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise use in any manner such Provider Generated Content in all formats and distribution channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that you have all rights, licenses, consents and releases necessary to grant QWIKFIX the license to the Provider Generated Content as set forth above, and that you will not submit any Provider Generated Content that: (a) infringes or violates someone else's rights; (b) is unlawful, or (c) is libelous, defamatory, violent, obscene, pornographic, or otherwise offensive, as determined by QWIKFIX in its sole discretion. QWIKFIX may at any time, but shall not be obligated to, review, monitor, or remove Provider Generated Content, at QWIKFIX's sole discretion, for any reason and without notice.
2.6 Provider Location. You acknowledge and agree that your location information must be provided to QWIKFIX in order to use the QWIKFIX Service and the Provider App (defined below). You acknowledge and agree that your geo-location information may be obtained by QWIKFIX while the Proivder App is running and that this information may be monitored, tracked, and shared with third parties.
2.7 Provider Background Check. You acknowledge and agree that QWIKFIX has the right, but not the obligation, to perorm local and national criminal background checks as a condition of your use of the QWIKFIX Service. QWIKFIX agrees to promptly provide the results of any background checks performed upon receipt of written request.
2.8 Provider Documentation. You agree to provide QWIKFIX with any written documentation that may be reasonably requested in order to ensure compliance with this Section 2. You agree that QWIKFIX may independently verify provided documentation in any way and at any time at its reasonable discretion. Failure to promptly provide accurate and current documentation when requested shall constitute a material breach of this Agreement.
3. Use of the QWIKFIX Service.
The QWIKFIX Service provides Users a platform to send a request for home repair or maintenance services to nearby Providers.
3.1 Responding to Requests for Service. The QWIKFIX Service will send these requests along with the requesting users home address to Providers in the nearby area. Each Provider may, in their sole and complete discretion, accept or reject each request for service. If you, a Provider, accept a request, you will be notified within the QWIKFIX mobile application and provided with information regarding the User – including the User's name, address, requested work, and the ability to contact the User by telephone. Each request may be accepted by only one Provider.
3.2 Time of Service. You will use the QWIKFIX mobile application to indicate when you arrive at the User's address, and the User, via the QWIKFIX mobile application, will then be asked to confirm this time. Once the User has confirmed, you will promptly begin the work that has been requested. If you are unable for any reason to complete the request you agree to immediately notify QWIFIX via the Provider App and provide any additional information that may be reasonably requested.
Time is accounted for in 10 minute intervals (for example, a 8 minute project will be considered 10 minutes of work, a 52 minute project will be considered 60 minutes of work). The provider will use the QWIKFIX mobile application to indicate when the project is completed, and the User, via the QWIKFIX mobile application, will then be asked to confirm this time. Once the User has confirmed, the amount of time expended will be automatically sent to QWIKFIX to be included in your next earnings payment. You agree to be solely responsible for any travel costs incurred in association with your use of the QWIKFIX Service.
QWIKFIX, in their sole discretion, will work to resolve any disputes that may arise between the User and the Provider relating to the time of services rendered.
3.3 Cancellation. Users may cancel their request within 5 minutes of the Provider accepting that request, you will not be entitled to any compensation for this cancellation or associated travel costs.
If more than 5 minutes have elapsed after you have accepted a User's request and prior to arriving at the User's address, or if you arrive at a User's address and they are not present, you will be compensated for [15 minutes] of work, in your next [monthly] earnings payment.
For the avoidance of doubt, QWIKFIX itself does not provide or solicit any home repair or maintenance services. Any home repair or maintenance services are solicited by the User, and provided through the Provider, who acts as an independent contractor. QWIKFIX solely provides the platform through Users submit requests, and through which Providers can learn about these requests. QWIKFIX makes no representations or warranties relating to requests made by Users or the work performed by Providers. You hereby agree to release QWIKFIX from all liability and claims arising from any acts or omissions of Users.
4. Payment Terms
Earnings will accrue at the rate stated for the type of service for all work completed and verified within the Provider App.
QWIKFIX will pay you based on work completed and verified within the Provider App in the previous 3 days. QWIKFIX will use best efforts to issue payment within three calendar days of the end of each completed job.
5. No Employment/Agent/Broker Relationship.
No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Provider Terms. Without limiting the foregoing, except as expressly set forth herein, QWIKFIX is not acting and does not act as an agent or broker for any Users, Providers, or any other user of the QWIKFIX Service. The relationship between the parties under this Agreement is solely that of indpendent contracting parties.
The parties expressly agree that this Agreement is not an employement agreement, nor does it create an employment relationship, between QWIKFIX and you; and that no joint venture, partnership, or agency relationship exists between QWIKFIX and you.
You agree not to present yourself as an employee, agent or authorized representative of QWIKFIX or its affiliates. You agree to indemnify, defend and hold harmless QWIKFIX from and against any claims based on such implied agency or representative relationship.
6. Indemnification.
By using the QWIKFIX Service, you agree that you shall indemnify, defend and hold QWIKFIX, its affiliates, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Provider Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Users arranged via the QWIKFIX Service, (c) your use or misuse of the QWIKFIX Service, or (d) your acts of negligence or willful misconduct.
7. Limitation of Liability.
YOU AGREE THAT QWIKFIX OR ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, OTHER USERS, EMPLOYEES, ATTORNEYS AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF OR DAMAGE TO PERSONAL PROPERTY OR THEFT OF MONEY OR VALUABLES THAT MAY OCCUR IN USE OF THE QWIKFIX SERVICE.
YOU AGREE THAT QWIKFIX OR ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, OTHER USERS, EMPLOYEES, ATTORNEYS AND AGENTS SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, LOST PROITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF QWIKFIX OR ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, OTHER USERS, EMPLOYEES, ATTORNEYS AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE USER TERMS OR YOUR USE OF THE QWIKFIX SERVICES, WILL NOT EXCEED [$XXX]. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Disclaimer.
The information, recommendations and/or services provided to you on or through the QWIKFIX Service is intended to be informative and does not constitute advice. QWIKFIX makes no representation, warranty, or guarantee of continuous, uninterrupted access to the QWIKFIX Service. QWIKFIX makes no representation, warranty, or guarantee that the QWIKFIX Services and related web pages are free of errors, defects, malware and viruses.
QWIKFIX accepts no liability in connection with and/or arising from requests made by Users or any acts, action, behavior, conduct, and/or negligence on the part of the User and you hereby agree to release QWIKFIX from all liability and claims arising from the foregoing.
QWIKFIX AND ITS AFFILIATES PROVIDE THE QWIKFIX SERVICE “AS IS” AND MAKES NO REPRESENTATIONS, WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE QWIKFIX SERVICE IS AT YOUR SOLE RISK AND THAT QWIKFIX AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF YOUR EXPERIENCE WITH THE QWIKFIX SERVICE OR THE TIMELINESS, RELIABILITY, SUITABILITY OR AVAILABILITY OF THE QWIKFIX SERVICE. QWIKFIX AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT ALL RISK ARISING OUT OF YOUR USE OF THE QWIKFIX SERVICE.
9. Transferability of QWIKFIX Service.
Subject to your compliance with these Provider Terms, QWIKFIX grants you a limited non-exclusive, non-transferable license to use the QWIKFIX Provider App and to access the QWIKFIX Service solely for your own personal use.
Except as expressly provided herein, you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the QWIKFIX Proivder App in any way; or (ii) modify or make derivative works based upon the QWIKFIX Service or Provider App
10. Intellectual Property Ownership.
QWIKFIX owns all right, title and interest, including all related intellectual property rights, in and to the QWIKFIX Service, related website and mobile application, including any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the QWIKFIX Service, in which you hereby assign all rights, title and interest to QWIKFIX.
QWIKFIX’s name, logo, and the product names associated with the QWIKFIX Service are trademarks of QWIKFIX, its affiliated companies or third parties, and no right or license is granted to use them.
11. Termination of the Agreement.
QWIKFIX may terminate this Agreement with immediate effect for any reason without prior written notice.
12. Severability
If any provision of these Provider Terms should be held to be unenforceable or invalid, then such provision or portion thereof shall be struck as to render these Provider Terms (as modified) legal and enforceable to the maximum extent permitted under applicable laws. QWIKFIX's failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.
13. Modification of the Provider Terms.
QWIKFIX may amend these Provider Terms from time to time, which will be effective upon QWIKFIX's posting the modified terms (which shall then become the agreement between you and QWIKFIX). QWIKFIX will provide notice that the Provider Terms have been changed using the contact information provided by you. Therefore, you agree to promptly update your contact information in the event of any changes. If you do not agree to the modified Provider Terms, your sole recourse is to stop using the QWIKFIX Services. Your continued use of the QWIKFIX Services after the date the modified Provider Terms are posted will constitute your acceptance of the modified Provider Terms.
14. Notice.
QWIKFIX may give notice by means of a general notice on the QWIKFIX Service or mobile application, or by electronic mail to your email address on record in QWIKFIX’s account information, or by written communication sent by regular mail to your address on record in QWIKFIX’s account information.
15. Assignment.
You may not assign your rights under these Provider Terms without prior written approval of QWIKFIX.
16. Governing Law.
The Provider Terms and any dispute related to these Provider Terms shall be governed and interpreted by the laws of the State of [New York].
17. Dispute Resolution.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS DISCUSSED HEREIN
You and QWIKFIX agree to resolve any dispute, claim or controversy arising out of or relating to these Provider Terms in accordance with this Section 17.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be in the state of New York. The arbitration shall be governed by the laws of the State of New York. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. The prevailing party shall be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
This Section 17 shall survive the termination of this Agreement.
18. Contact Information.
If you have any questions about these Provider Terms or any aspect of the QWIKFIX Service, please contact us at:
Contractor@qwikfix.io
info@qwikfix.io
(631) 265-0800
QwikFix - Handy Home And Business Connections
34 Main Street #391,
Smithtown, NY 11787
