1. Provider Responsibilities

Providers are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Platform, including without limitation User Content, and any communications they may have with prospective Customers through the App or the Service, fully comply with our Acceptable Use Policy, all applicable laws and rules of professional conduct, including those concerning the form, manner or content of communications with clients, advertising, or other matters. Providers are responsible for ensuring that information such as address, certifications, insurance, and related skills are up to date.

Consent to Receive SMS Messaging and Communications
When using the Service, Provider consents to receive communications from Customer via SMS messaging, or audio and video call. Cell phone or network data charges may apply. You acknowledge that Field Engineer has no involvement, control, or liability for the between Providers and Customers. The Platform may only be used for communication about the Work Order and no other purpose.

2. Payment of Providers

Certain specific terms govern Providers and payment.

All Fees Are Paid To Providers. We do not charge for the Provider’s services. The transaction is between the Provider and the Customer. Field Engineers does not introduce Customers to Providers and does not help Providers secure engagements. We merely provide the platform to facilitate the relationship between Customer and Provider and collect fees on the Provider’s behalf. Thus, Field Engineers does not charge a fee when a Provider finds a suitable Customer or finds an Engagement. We may charge a transaction fee (currently 10%) for each Job facilitated by us in exchange for the services we provide to our Users. We

may change the transaction fee in our sole discretion. Providers will be notified of any changes in the transaction fee.

Payment of Fee to Provider. Provider will only be paid after Provider: (a) has completed all services and tasks relating to the project, (b) has uploaded and sent to the Customer via the Platform all necessary electronic reports and materials required in the Work Order (c) has verified, via the Platform, that the services, tasks, and document upload have been completed, and (d) the Customer has accepted, via the Platform, the services and otherwise made no complaints concerning the nature, quality, or timeliness of the work. Customer will have five (5) days from the day the Provider marks the job as “Complete” to accept the services. If Customer fails to accept the services in that time period, the funds will automatically be disbursed to Provider in the providers account – If Provider wants to transfer funds out of Provider’s Account Field Engineer will issue payment to Providers to the payment account connected to Provider’s Account. . In order to receive payment, Provider must connect a bank account or PayPal or Payoneer account that matches the identity of the entity or individual account registered to do business through Field Engineer. The amount of time it takes to transfer funds out of Provider’s Account may vary. Field Engineer makes no guarantee about the time it takes to complete a funds transfer request. Payments cannot be made to a savings account and payment may decline if Provider attempts to collect payment through a savings account. Once payment is made to a Provider, we will have no further financial obligation related to the transaction and Customer will have waived any right to use our Dispute Resolution Procedure to dispute the nature of the work or request a return of any funds. Please review the Customer terms for more information on Field Engineers Services Dispute Resolution Procedures.

Additional Hours Needed. If a project requires more hours than the maximum number of hours proposed in the Work Order or the nature of the services results in an increase in the price of the project, Provider must obtain Customer’s approval, and Customer must deposit additional funds with Field Engineer before any work may be rendered by the Provider. The Platform will provide a function that allows the Provider to request more hours, or additional fees for a project and subsequently provide the Customer the opportunity to accept such a request.

1099 Independent Contractor. Providers are 1099 Independent Contractors and are responsible for reporting their income to the IRS and paying taxes appropriately. Taxes will not be withheld for Providers. Providers are responsible for ensuring that appropriate tax-related information (i.e. SSN, EIN, TIN) associated with their Account is up to date. Field Engineer is only responsible for issuing 1099’s to the individual or entity identified in the Provider’s Account. Customers agree to only post projects properly structured to ensure the classification of 1099 Independent Contractors is properly that of 1099 Independent Contractors. Providers will perform the Job as an independent contractor and nothing in this Agreement will be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Provider and Customer or between Field Engineer and any Providers or any Customers. Field Engineer, however, has no liability to the Providers or any Customers if a determination legal or otherwise is made by a federal, state or local agency or authority that any Customer is a joint employer of the Providers, or that the Providers are employees of Field Engineer and/or of the Customer.

3. Background Checks

Certain jobs may required background checks, drug testing, and security clearances. In order to qualify for certain jobs, Provider must update their account with all applicable security clearances and must provide consent to undergo such background checks or drug testing as may be required by Customer. Field Engineer, in its sole discretion, may partner with third-party services to provide such background checks and drug testing services to Providers. Any information you provide to such third-party services will be subject to their legal terms and privacy policy.

4. Indemnification

In addition to the indemnity provisions located in our general Terms of Use, Provider will defend, indemnify and hold harmless us, our parents, Affiliates, Authorized Users, and each of their respective directors, officers, employees, shareholders and agents and all of their respective successors and permitted assigns (the “Indemnified Parties”), from and against any and all suits, claims, actions, liabilities, losses, damages, costs and expenses (including, but not limited to, interest, penalties, reasonable attorneys’ fees and other expenses of litigation) and causes of action of whatsoever kind (collectively referred to as “Claims”) which may be incurred by, asserted against, or recoverable from any Indemnified Party arising out of or relating to (1) any negligent acts or omissions of Providers or its agents, employees or representatives in the performance or omission of any act or responsibility assumed by Provider under this Agreement; or (2) any contract entered into by you or your agents, including, but not limited to, the classification of a Provider as an independent contractor; the classification of Field Engineers as an employer or joint employer of Provider; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.

5. Disintermediation and Non-Circumvention Policies

We expend tremendous resources to provide our platform and services, to connect you with Customers and to provide Customers those services. You are prohibited from making side-agreements or engaging in activities that can be deemed competitive to Field Engineer with any user outside of our platform.

Once introduced to a Customer on our platform, you are prohibited from entering into any business transactions or agreements with any Customer outside of our Platform at all times during your use of our platform and for a period of two years thereafter.

You also agree not to receive direct payments from any of Customers for the services you provide and you will only offer your services to Customers through our platform. We will terminate a Provider’s access to and use of the Website if such Provider is found to be accepting payment outside the Service for any Customer found through the Service.

Remedies for Violation of this Section. You recognize and agree that any violation of the disintermediation and non-circumvention provisions set forth above, either during the term or for two years after the termination of this Agreement, will cause irreparable harm to Company. In the event that you violate or threaten to violate any of these provisions, at any time during this Agreement or after, Company will have the right to enforce these terms by means of injunctive relief, in addition to money damages and other available legal remedy. You agree to pay Company the cost of pursuing judicial enforcement of this Agreement, including attorney’s fees and costs. 

6. Insurance

Provider will provide and maintain current insurance information and submit current certificates of insurance verifying such insurance coverage limits as stated in the Work Order Terms in Provider’s account with the Platform. Provider’s inability to maintain certain coverage’s may impact Provider’s ability to get selected for jobs.

Providers are not covered under your current policy so this needs to be removed until they are. Otherwise you are in breach of your agreement each time you charge a provider for insurance.

You’re making a statement that you are charging them for lack of coverage when that’s not accurate. If something were to happen and you charged a provider for coverage but the insurance company came back and said they were not covered, this could really impact your platform.

7. How it Works

Customer posts a proposed project with specifications using a Work Order on the Platform. Through the Platform, Providers can submit bids for the Work Order. The Customer may accept the Providers proposal, or the parties can come to agreeable terms, and form a legally binding agreement with one another.Provider may only access the Platform through the App. All Work Orders are governed by our Work Order Terms which can be found here: http://fieldengineers.com/Work-Order-terms.

8. Our Relationship with Providers

Providers are independent professionals who offer to perform field engineering services for prospective Customers. They are not employees of Field Engineer. These terms do not create an agency, partnership, or joint venture. As such, Providers are not entitled to any benefits or insurance coverage carried by Field Engineer. Such as worker’s compensation. We are not responsible and will not be liable for any injuries Providers may incur as a result of the field work you are providing to Customers.

Field Engineer is Not a Party to Contracts. Providers are not the employees or agents of Field Engineer. We are not involved in agreements between Users, including the Standard Work Order Terms. We merely provide the platform for which Providers and Customers can transact business. At no point may we be held liable for the actions or omissions of any Provider performing services for a Customer or for any injuries that may occur on the Customer’s premises.

Field Engineer Does Not Endorse Providers. Providing a service where Customers and freelance field engineers can meet does not imply an endorsement of any subscribing Provider. Providers are prohibited from making statements, whether on or off our platform that expressly state or imply that Field Engineer endorses your services.

Reviews. From time to time, Providers may submit reviews of their experience with Customers; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. We will have no responsibility or liability of any kind for any User-Generated Content you encounter on or through the Website, and any use or reliance on User-Generated Content is solely at your own risk. We reserve the right, in our sole discretion, to suspend or terminate any Provider’s Account that abuses this review system, submits false reviews or accumulates negative reviews for services provided to Customers.

9. Provider User Agreement

In addition to our Terms of Use, the following terms apply to Providers. The Provider User Agreement is incorporated into and made a part of the Terms of Use.
By accessing or using the Services, you are accepting this Agreement and our Terms of use and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. Capitalized terms used herein, unless otherwise defined, have the same meaning given to them in the Terms of Use.

Last Updated: These terms were last updated on April 26, 2018.