Our Website and Services are directed to the general public. Minors under eighteen (18) years of age are prohibited from using the Site and Services. We do not intentionally gather Personal Information from visitors who are under the age of 13 or have any reasonable grounds for believing that children under the age of 13 are accessing our Website or using our Services. If we learn that we have inadvertently collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us.
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
Field Engineer processes Personal Information as a Controller (and in some cases, a Processor), as defined by the General Data Protection Regulation (GDPR). In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:
Our software may use your Personal Information to make automated decisions including but not to
If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time our App wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that our App seeks before you first use the app, and your use of the app constitutes your consent.
Field Engineer makes use of location-based data for our Site or App to connect you with other users near you that can either offer or are in need of Services. A Customer may require mandatory geo-location tracking for Providers to qualify for certain jobs which will only occur the day and times in which the job takes place and at the location of the job. If you choose not to allow Field Engineer to access your location, some or all functionality, including listed jobs in the geo-location, or jobs with a mandatory geo-location tracking requirement may not be available to you.
Third Party Service Providers. We may share your Personal Information with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts; to process payments, to provide technical support; to conduct background checks on users, and/or to provide other services to the Company.
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using our Service, you acknowledge that you understand and agree to assume these risks
Please be advised that at this time Field Engineer does not comply with the U.S.-EU Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (https://www.privacyshield.gov/) and, as such, people resident in countries subject to such frameworks should not make use of the Field Engineer Services.
Notice to California Residents. Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (1) a list of the categories of information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please write to us with a reference to California Disclosure Information at:
We’re committed to supporting our customers to prepare for the General Data Protection Regulation (GDPR). We’re working on implementing our readiness program across our organization. This involves:
We’ll be ready to share more detailed information regarding our progress soon and commit to being GDPR ready by the 25 May 2018.
For any questions or data requests, reach out to our Data Protection Officer (DPO) at firstname.lastname@example.org.
If you act as a Controller as defined by the GDPR, please review our Data Processor Agreement.
We respect your privacy rights and provide you with reasonable access to the Personal Information that you may have provided through your use of the Services. If you wish to access or amend any other Personal Information we hold about you, or to request that we delete any information about you that we have obtained from our Service, you may contact us at:.
At your request, we will have any reference to you deleted or blocked in our database.
You may update, correct, or delete your Account information and preferences at any time by accessing your Account settings page on the Service. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Service.
At any time, you may object to the processing of your Personal Information, on legitimate grounds, except if otherwise permitted by applicable law.
Welcome to Field Engineer, a website located at www.fieldengineer.com the “Site”) and operated by Field Engineer, Inc. (“Field Engineer”, “us”, “our”, and “we”). Field Engineer provides the Site, mobile applications (“App”) and services provided through the Site and/or App (“Services”) including a marketplace for freelance field engineers to be connected with potential customers in the Telecomm Industry.
“The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Website and/or the Service. A User may be a Provider, a Customer, both, or neither.
“Provider” refers to users of the Services, whether an individual or business who offer to provide freelance field engineering services to Customers. Providers are not the employees or agents of Field Engineer.
“Customer” refers to users who request and/or purchase services from a Provider.
Field Engineer offers a marketplace for Providers to render field engineering services to Customers. Providers and Customers can use the Platform to manage and pay for their projects. Providers are independent contractors who use the Platform to offer their services and to perform work on specific projects for Customers. All Providers and Customer must create an account to use the Services.
The following terms are applicable to all Users of our Site. For additional terms relating specifically to Customers and Providers, please visit the following links:
Provider User Terms
Work Order Terms
Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Terms and Termination.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We provide a mobile application (“App”) for Providers and Customers to manage jobs. Some of the functionality of the Services may only be available on the App and such functionality may vary between Providers and Customers. To use the App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device.
You may not: a) modify, disassemble, decompile or reverse engineer the App; b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party; c) make any copies of the App; d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or e) delete the copyright and other proprietary rights notices on the App.
App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Indigo Now and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
You agree that Field Engineer may contact you by text messages or the App at any of the phone numbers provided by you or on your behalf in connection with a Field Engineer account. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Field Engineer at any time by contacting us at email@example.com or controlling your notification and alert settings in your Account.
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies. You further agree that you will not seek to hire or otherwise engage sellers for future Services, or solicit buyers to purchase your services unless you sell/purchase the Services directly from us.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in Section 9.
Support or Maintenance. Field Engineer will provide 24 hours, seven days a week email and phone support unless otherwise indicated on our Site. You acknowledge, however, that we have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.
User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. We reserve the right to remove any User Content from the Service at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Third Party Sites, Ads and Ad Networks. As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Users may also include links to their website or other Third Party Sites on their listings. These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Links to Our Site. You are permitted to link to our Site for non-commercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link.
You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (a) any interactions with, or act or omission of, other Service users or Third Party Sites & Ads; and (b) any dispute you have with another User, whether it be at law or in equity, including, for example and without limitation, any disputes regarding the performance, functions, and quality of the services rendered by a Provider and requests for refunds based upon disputes.. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations; or (e) infringement of intellectual property rights. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
Field Engineer makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL FIELD ENGINEER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID FIELD ENGINEER IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
Field Engineer, Inc
Attn: Privacy Officer
Address: 40 Wall St, 128th Floor, New Jersey, NY 10005
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND FIELD ENGINEER HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Field Engineer agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles that provide for the application of the law of another jurisdiction.
You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Agreement to Arbitrate
You and Field Engineer each agree that any and all disputes or claims that have arisen or may arise between you and Field Engineer relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to Field Engineer’s Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in New Jersey, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The arbitration will be conducted by JAMS Arbitration (“JAMS”) under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in New Jersey.
Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Copyright/Trademark Information. Copyright © 2018 Field Engineer, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Last Updated April 26, 2018
PLEASE REVIEW THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. YOU WILL BE LEGALLY BOUND BY THESE TERMS WHEN YOU SUBMIT OR ACCEPT A WORK ORDER. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS UPON SUBMITTING OR ACCEPTING A WORK ORDER. DO NOT SUBMIT OR ACCEPT A WORK ORDER IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS.
These Work Order Terms are incorporated into each Work Order that is submitted by a Customer and accepted by a Provider and are a binding contract between the Customer and Provider.
Provider’s relationship with the Customer will be that of an independent contractor and not that of an employee or an agent of the Customer. Customer does not guarantee any volume of work to Provider.
Provider will maintain the following insurance:
Provider will provide and maintain current insurance information and submit current certificates of insurance verifying such insurance coverage in such Provider’s account with the Platform. Provider acknowledges that additional insurance coverage may be required by a Customer under a Work Order.
Provider acknowledges and agrees that Customer has expended substantial time, money and resources in developing and maintaining its client base, Intellectual Property (defined below), and other proprietary information. Provider acknowledges and agrees that it has, will, or may come into possession of technical, proprietary, financial and/or business information relating to Customer and/or Customer’s Clients which is not published or readily available to the public (Confidential Information).
Provider warrants and represents that:
If at any time a dispute arises between a Customer and a Provider over any aspect of the performance or interpretation of a Work Order, such as a dispute over the quality of the Provider’s work or the amount of compensation due will be governed by the Services-Related Dispute Resolution Process.
Provider agrees that all Intellectual Property, software, documents and other materials that Provider makes or possesses while performing services for the Customer are solely and exclusively the property of Customer. Taking data from Customer’s offices, computer system, subscribed databases or data holders without authorization is grounds for immediate termination of this Agreement and may be pursued as criminal misappropriation or theft, in addition to other remedies.
During the term of the applicable Work Order and for a period of five (5) years after, Provider will keep confidential and secure and not divulge to any person or use for Provider’s own benefit for any purpose any of Customer’s or Customer’s Clients’ Confidential Information, except with the written consent of Customer. Upon termination of this Agreement, or upon request by Customer or the Client at any time, Provider will surrender all tangible evidence of the Confidential Information to Customer or Client.
Provider will have full responsibility for applicable withholding taxes for all compensation paid to Provider or its Assistants under this Agreement, and for compliance with all applicable labor and employment requirements with respect to Provider’s self-employment, sole proprietorship or other form of business organization, and with respect to the Assistants, including state worker’s compensation insurance coverage requirements and any U.S. immigration visa requirements.
Provider acknowledges and agrees that Provider and its Assistants will not be eligible for any Customer employee benefits and, to the extent Provider otherwise would be eligible for any Customer employee benefits but for the express terms of this Agreement, Provider (on behalf of itself and its employees) expressly declines to participate in the Customer employee benefits.
Provider acknowledges and agrees that Provider and its Assistants have no authority to enter into contracts that bind the Customer or create obligations on the part of the Customer without the prior written authorization of the Customer.
Except for the Platform and as expressly stated otherwise in a Work Order, Provider will provide all equipment and tools that are necessary to complete the services. Provider will not be paid for any additional business expenses that Provider incurs in providing the services unless the Work Order expressly states otherwise, including any office, travel, and telephone expenses
Provider will be solely responsible for determining the method, details and means of performing the Services. Provider may, at Provider’s own expense, employ or engage the services of the employees, subcontractor, partners or agents, as Provider deems necessary to perform the Services (collectively, the “Assistants”). The Assistants are not and will not be employees of the Customer, and Provider will be wholly responsible for the professional performance of the Services by the Assistants to the Customer’s satisfaction. Provider will expressly advise the Assistants of the terms of this Agreement.
Upon acceptance of a Work Order by a Provider, or upon a Customer’s acceptance of Provider’s counteroffer, a legally binding agreement exists between such Provider and Customer, and the terms of that Work Order as modified will govern the provision of services between the Customer and Provider.
Any Provider may accept a Work Order or make a counteroffer. A Customer may accept or reject such counteroffer.
Each Work Order posted by a Customer will state: a) the identity of the Customer; b) the location where the services are to be performed; c) a description of the services; d) the work schedule; e) the fees being paid for the services; and f) any other specific terms included by the Customer.