“Terms” shall refer to all conditions, limitations, requirements, additions and modifications published within this document, incorporated by reference or otherwise communicated on the Site.
“Site” shall refer to the website E-ZHire.com and any other E-ZHire branded websites, web pages, mobile applications, mobile websites, software and other technologies operated by E-ZHire Inc or its affiliates.
“Site Services” shall refer to the services offered by E-ZHire on its website, or otherwise, to facilitate free-market services to consumer connections between independent Clients and independent Associates.
“Independent Services or services” shall refer to those services offered and provided by Associates that are purchased and consumed by Clients.
“E-ZHire.com, E-ZHire, E-ZHire Inc, us & we” are used interchangeably, and shall by any reference, individually or as a whole, identify the same legal entity.
“Client” shall refer to a registered or unregistered user and consumer of Site Services or Associate’s Independent Services to the extent offered by either.
“Associate” shall refer to a registered user of Site Services and a provider of Independent Services to Clients to the extent offered by either. Associate will also refer to Teams create by Associates.
Please read these Terms and any applicable Additional Terms before using the Site or the Site Services. By using the Site or the Site Services, you, the individual, Client and/or Associate (together “User(s) or you”) hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Site Services or both.
This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. You acknowledge and accept the following Terms: (1) you will only be permitted to pursue claims against E-ZHire on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- Description of Services; Limitations; User Responsibilities
1.1 About Our Services
E-ZHire offers various Site Services to help facilitate commerce transactions between its Users. The Site Services we offer include, among others:
We facilitate Clients who are seeking services in their home or office to search for and hire Associates who offer the service they are seeking. The main categories of Independent Services an Associate may elect to offer are as follows: Care, Cleaning, Entertainment, Events, Household Repairs, Labor, Landscape, Musical Instruction, Pet Care, Professional Services, School Tutoring & Sports Training.
We provide a platform for Associates to choose one or more service types to offer Clients to be performed on an hourly basis. The Associate will set their work schedule, time schedule and hourly rate for each service.
We provide a marketing platform for each Associate to display in digital format their qualifications, resume, photos, documents and video related to their unique skills offered to Clients.
We provide business tools to Associates to manage their service activities, such a scheduling, accounting, tax maintenance, time tracking, work logs and professional dashboard tools.
We provide search functionality through the Site to allow Clients to request a specific service, location and time per their requirements.
Our Site provides the Client a list of all available Associates who offer a service requested by a Client based on service type, location and time requested. The Site also reviews the availability calendar of each Associate and makes suggestions to the Client of possible schedule times.
The Client may then review any or all of the Associate’s marketing pages for detailed information about the qualifications of the Associate, and then may immediately select their desired Associate to schedule the work.
Our site will schedule a work order event directly to the Associate’s calendar, and communicate with both Client and Associate concerning the work order activities, from start, through the payment process.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2 Limitations of our Services
We market a variety of Independent Services through our Site on behalf of Associates, to help Clients find and purchase hourly services for their home or office. However, E-ZHire Inc does not employ Associates or any affiliate thereof. Associates are classified as Independent Contractors, and are directly responsible for compliance with all applicable employment, professional and tax laws in connection with any service provided.
Further, we do not have control over the quality, timing, or legality of the services actually delivered by Associates, nor of the integrity, responsibility or actions of Clients or Associates. We do not refer or recommend either Clients or Associates, nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Associates or the integrity, responsibility or actions of Clients or Associates whether in public, private or offline interactions.
The relationship between Client and Associate is that of two independent entities who have made a mutual agreement to enter into commerce for an hourly service to be performed. Either party may terminate the relationship at any time before, during or after the service is provided. Both parties are responsible for their own actions and decisions.
E-ZHire is not responsible for the conduct, whether online or offline, of any Client, Associate or other User of the Site or Site Services. Moreover, E-ZHire does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All Users, including both Clients and Associates, hereby expressly agree not to hold E-ZHire (or E-ZHire’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any Client, Associate or other third party or for any information, instruction, advice or Independent Services which originated through the Site, and, to the maximum extent permissible under applicable law, E-ZHire and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
1.3 User’s Relationship & Responsibilities
The Client affirms they have sufficient knowledge, verbal skills, understanding and mental capacity to provide the necessary instruction and oversight of any service they order, and fully understand that it is their sole responsibility to judge if the performance quality of the Associate’s services meet their personal standards and expectations. The Client understands they may cancel or terminate Associate services at any time and for any reason they feel is necessary, and will be responsible for charges performed through that time. The Client understands that the Associate is providing “labor only” for the services they ordered, where they will be charged for the total time labor was performed for services at the advertised hourly rate, and that a minimum charge may apply. The Client understands that Associates will have different skill levels, and that it is the Client’s responsibility to judge if the Associate they contract is sufficient to meet their needs or standards. The Client understands that the relationship between them and the Associate is of mutual consent, and not that of employer and employee, and that Client takes full responsibility for his/her actions or inactions, and the final quality outcome of services provided concerning the service transaction.
The Associate affirms they have sufficient knowledge, verbal skills, technical skills, understanding and mental capacity to provide the necessary labor and self-management of any service they perform, and fully understand that it is their sole responsibility to determine if the performance quality of their services meet a high personal standard and expectation. The Associate understands they may cancel or terminate Client services at any time and for any reason they feel is necessary, and will be paid for charges performed through that time. The Associate understands that they are providing “labor only” for the services they perform, where they will be paid for the total time labor was performed for services as detailed in their “Service Type Setup” in their account. The Associate understands that their skill level for a service may or may not be adequate to properly perform the Client service, and agrees to inform the Client prior to starting work or upon first realizing their skill deficit, that they may not have the required skills to perform the service to Client’s standards. The Associate understands that the relationship between them and the Client is of mutual consent, and not that of employee and employer, and that Associate takes full responsibility for his/her actions or inactions, and to provide the very best quality of work they are capable of performing for the service transaction
All materials needed for any service provided are the sole responsibility of the Client. Client must purchase the materials directly with their own funds. Associates and E-ZHire Inc will not warranty any materials used on your project, and are not responsible for any selection, destruction or theft of any materials purchased, stored or installed on your project.
1.5 Digital Production
Concerning Independent Services provided that include the production or modification of digital files (to include, but not limited to: photos, videos, software, data, computer programming, artwork, graphics, digital engineering and computer programming), these digital files shall be the sole physical and intellectual property of the Client who ordered the affiliated Independent Service which produced the digital files. The Associate who produced and is in position of these files after work is completed must transfer all files produced during the time they were performing services to the Client within a reasonable time and method. Client will have any and all copyright ownership upon creation, and Associate must receive written permission to use such materials from Client prior to use outside of the service provided.
- Eligibility to Use the Site and Site Services; Representations and Warranties
To be eligible to use our Site Services, you must meet the following criteria:
Our Site Services are available only to individuals who are eighteen (18) years of age or older; provided, however, that individuals sixteen (16) to seventeen (17) years of age may join E-ZHire as Associates subject to the terms set forth in Section 3.3 and any applicable Additional Terms. If you do not meet the above age requirements, do not register to use the Site or Site Services.
The Site and the Site Services are currently available only to individuals who are legally in the jurisdiction of the United States or the territory of Puerto Rico.
If you are registering to be an Associate, you must be permitted to legally work within the United States, and provide us with your valid social security number or ITIN number obtained from the IRS.
Users may not have ever been (i) convicted of any felony, any criminal offense involving violence, felony abuse, fraud, embezzlement or grand larceny, or any felony offense that involves drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
You must not be a competitor of E-ZHire or using our Site Services for reasons that are in competition with E-ZHire.com.
2.2. Representations and Warranties
By requesting to use, registering to use and/or using the Site or the Site Services, you represent and warrant that you fully meet the Eligibility requirements in Section 2.1 above, have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
In addition, you represent and warrant that you have not been (i) convicted of any felony, any criminal offense involving violence, felony abuse, fraud, embezzlement or grand larceny, or any felony offense that involves drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
- Rules for User Conduct and Use of Services
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through E-ZHire’s Site or Site Services, or that other Users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By transmitting and submitting any Content while using our Site Services, you agree, represent and warrant as follows:
– You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Site Services.
– You will register your account in your own legal name, even if you are seeking services for another individual or family member.
– All Content you post will be in English, as the Site and Site Services are not currently supported in any other languages.
– You are solely responsible for any Content that you post on the Site, or transmit to other Users of the Site. You will not post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from E-ZHire where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to E-ZHire or to any other User of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
– You understand and agree that E-ZHire may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of E-ZHire violates these Terms or which E-ZHire determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Site or others.
– You have the right, and hereby grant such right to E-ZHire, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by E-ZHire will not infringe or violate the rights of any third party.
– Your use of the Site Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
– E-ZHire is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Site.
– Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site Service, but not directly by E-ZHire, are those of their respective authors. Such authors are solely responsible for such content. E-ZHire does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Site Service. Under no circumstances will E-ZHire or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any User of the Site or Site Service; or b) reviews or comments made about you on the Site by other Users.
– You agree that E-ZHire has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity, if you disagree with a posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
– To the maximum extent permitted by law, E-ZHire disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any Users of the site. Users do hereby represent, understand and agree to hold E-ZHire harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.
3.2. Exclusive Use
A Client may use their account to search and order Independent Services for any legal purpose. Associates may use their account only to engage in Independent Service jobs for themselves or a Team they create. Users are responsible for all activity on, and use of, their account, and may not assign or otherwise transfer their account to any other person or entity. Associates may only register one account for their natural person at any one time.
3.3. Teen Providers, Parent, and Parent Monitored Accounts
If you are sixteen (16) to seventeen (17) years of age and would like to participate in E-ZHire as an Associate (a “Teen Provider”), you may register to use the Site and Site Services but only if your parent or legal guardian consents to your registration through an interview with the Parent or Guardian conducted by E-ZHire personnel (a “Parent”). Parent will receive a copy of communications between the Teen Provider and other Users as well as a copy of all emails E-ZHire sends to the Teen Provider. Parent Registered Users may respond to communications sent by other Users to the Teen Provider and may report inappropriate message content to E-ZHire. Parent may also log in to, update the settings of and terminate their Teen Provider’s account.
For purposes of these Terms, Parent and their Teen Provider are deemed to be Associates. By registering your consent as a Parent, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety on behalf of yourself and your Teen Provider whether or not you use the Site or Site Services, including without limitation E-ZHire’s right to run the verification and background checks described in Section 4 below. You further understand and agree that you will ensure your Teen Provider’s compliance with these Terms and that you are responsible for any noncompliance by your Teen Provider.
If you are a Parent, you also agree that you are responsible for monitoring the account of your Teen Provider as well as your Teen Provider’s activities both on and off of the Site, including monitoring who your Teen Provider communicates with and meets both on and off the Site and with whom he or she agrees to provide services.
If you register to use the Site as a Teen Provider, the first time you try to log in to your account after you turn eighteen (18), you will be required to agree to the Terms as in effect at the time, including the consents to run the verification and background checks described in Section 4 below. Once you accept the terms and log in, the parent monitoring functionality of your account will be removed and your Parent Registered User will no longer have access to your account. If you do not agree to the Terms after you turn eighteen (18), E-ZHire may terminate your access to all or part of the E-ZHire Site, remove your profile and/or any Content posted by or about you from the Site, and/or terminate your registration in E-ZHire.com, with or without notice.
3.4. Prohibited Uses
By using the Site or Site Services of E-ZHire, you agree that you will not under any circumstances:
– use the Site, Site Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
– use the Site or Site Services for any unlawful purpose, for any purpose not expressly intended by E-ZHire or for the promotion of illegal activities;
– attempt to, or harass, abuse or harm another person or group;
– use another User’s E-ZHire account;
– provide false or inaccurate information when registering an account on E-ZHire.com, using the Site Services or communicating with other Registered Users;
– attempt to re-register with E-ZHire if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
– interfere or attempt to interfere with the proper functioning of E-ZHire’s Site Services;
– make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
– bypass any robot exclusion headers or other measures we take to restrict access to the Site Service or use any software, technology, or device to scrape, spider, or crawl the Site Service or harvest or manipulate data;
– use the communication systems provided by or contacts made on E-ZHire for any commercial solicitation purposes;
– publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
In order to protect our Users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of phone numbers a Client may view or the number of emails a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion.
Should E-ZHire find that you violated the terms of this Section or any terms stated herein, E-ZHire reserves the right, at its sole discretion, to immediately terminate your use of the Site and Site Services. By using the Site and/or Services, you agree that E-ZHire may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, Associate or Client information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Site content, including but not limited to, use on a “mirrored”, competitive, or third party site. This fee shall be in addition to any other rights E-ZHire may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Site Services, E-ZHire reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.
- Background and Verification Checks
4.1 E-ZHire May Order and Use Background Checks About You
By using the Site or Site Services as a Client or Associate, you hereby acknowledge and agree that E-ZHire has the right, but not the obligation, to use a third party reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of our Site and its Users (“Internal Background Checks”). E-ZHire may order these checks when you register with E-ZHire and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a service or profile, or ordering services, etc.).
These Internal Background Checks are in compliance with, but not regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services will not be considered “consumer reports” under the FCRA. Internal Background Checks may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
You understand and agree that E-ZHire may review the information provided by the third party reporting agency and that E-ZHire retains the right to deny or terminate your E-ZHire registration based on the information it receives from these checks, even if such information was subsequently dismissed. If E-ZHire terminates your membership or access to the Site on the basis of information in a background report, we are not obligated to notify you, but upon written request within 60 days from such denial or termination, will provide you an electronic copy of the report. You hereby represent, understand and expressly agree that E-ZHire does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the reporting agency that issued it and not E-ZHire.
BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW E-ZHIRE TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE E-ZHIRE.COM, ITS SITE OR SITE SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
4.2 E-ZHire May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a Associate or Client, you authorize E-ZHire, and acknowledge that for purposes of promoting the safety and integrity of its Site and Site Service, E-ZHire reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2.2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that E-ZHire may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for E-ZHire.
You also hereby represent, understand and expressly agree that E-ZHire does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.
BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW E-ZHIRE TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE E-ZHIRE.COM, ITS SITE OR SITE SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
4.4 Special Responsibilities of Clients under FCRA
Client, if you receive a background check directly from an Associate, subject to the Associate’s explicit instructions about who may have access to such a report, or if Associate elects to post such report on their site pages, you warrant that you will use such information only for a purpose permitted by FCRA, and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws if such laws apply.
Your responsibilities in using the information contained the background check can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. FCRA governs the use of reports obtained from a
4.5 Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
E-ZHire will conduct an initial Background Check on all newly registered Service Provider Associates using a third party service such as CheckMate®, People Smart® and/or Background Report.com®. The purpose of this Background Check is not for employment purposes, but rather to reasonably aspire to a more secure use of the E-ZHire website. By registering as a Service Provider, the Associate affirms that they understand and are in compliance with Section 2.2 above. The background report is a reasonable method of confirmation of their compliance to said section. If you decide to rely on our review of compliance based on the information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal database, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.
If you decide to access, use, or share information provided by a third party background check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless E-ZHire from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. E-ZHire does not assume and expressly disclaims, and you hereby agree to release E-ZHire from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that E-ZHire has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Client, Associate Service Provider or other Registered Users. To the extent E-ZHire performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information or affirmations those Users have provided, or of their compliance with Section 2.2 and eligibility to use the Site or Site Services.
- Termination or Suspension of Registration
Should E-ZHire determine that you are not eligible to use the Site or Site Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a User, or have misused or misappropriated Site content, including but not limited to use on a “mirrored”, competitive, or third party site, E-ZHire reserves the right, at its sole discretion, to immediately terminate or suspend your access to all or part of the E-ZHire Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in E-ZHire.com, with or without notice.
In any event, E-ZHire also reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the E-ZHire Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in E-ZHire.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination or suspension of any individual’s use of the Site or the Services, E-ZHire reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
Our decision to terminate or suspend an individual’s registration and/or to notify other Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
- Links To External Sites
Links from the Site to external sites (including external sites that are framed by E-ZHire.com) or inclusion of advertisements do not constitute an endorsement by E-ZHire of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. E-ZHire does not control such sites, and is not responsible for their content. Just because E-ZHire has hyperlinks to such sites does not mean that E-ZHire endorses any of the material on such sites, or has any association with their operators.
- Payment And Refund Policy
A Client or Associate is not required to pay any fees to become a Registered User of the Site and access the Site Services. An Associate is required to reimburse costs for background check prior to account activation.
8.1 Client Billing and Payment
Client will make all payments for services directly to E-ZHire, and never to Associates. At the time of Client registration, Client will be required to register their default payment method credit/debit card with the Site. This credit card information is NOT recorded and maintained on the E-ZHire database, but with an accredited third party payment processor who is fully compliant with PCI Standards, the same standards and protection used by U.S. Banks.
Upon ordering services, a work order will be generated and an event will be created and schedule with the Associate(s) you requested. Upon arrival to your work site, the Associate will log their time to start work. At that time, our System will also log the Associate’s GPS location if available. When the work is completed, the Associate will stop the work time. The Associate may start and stop the work time as often as needed for your project in a calendar day. After that calendar day is complete, the System will calculate the total time clocked and create an invoice event. The Associate will review the event to confirm its accuracy and approve for billing. The Client will receive an invoice for any Associate approved events, and have an opportunity to review the events for accuracy over a 3-day period. During that review period, the Client may elect to pay the invoice with any payment method they choose, dispute the event, or do nothing, and the system will automatically bill the Client’s default payment method. The Client authorizes E-ZHire to charge their default payment method as described above.
8.2 Associate Payment Process
Associate will receive all payments for services directly from E-ZHire, and never from Clients. At the time of Associate registration, Associate will be required to register their default direct deposit account with the Site. This account information is NOT recorded and maintained on the E-ZHire database, but with a third party payment processor who is fully compliant with PCI Standards, the same standards and protection used by U.S. Banks.
Upon Client ordering services, a work order will be generated and an event will be created and schedule with the Associate(s) requested. Upon arrival to the work site, the Associate will log their time to start work. At that time, our System will also log the Associate’s GPS location if available. When the work is completed, the Associate will stop the work time. The Associate may start and stop the work time as often as needed for the project in a calendar day. After that calendar day is complete, the System will calculate the total time clocked and create an invoice event. The Associate will review the event from their account to confirm its accuracy and approve for billing. The Client will receive an invoice for any Associate approved events, and have an opportunity to review the events for accuracy over a 3-day period. During that review period, the Client may pay the invoice or dispute the event. After receipt of Client’s payment, the system will process Associate’s payment for services, less the E-ZHire Service fee, payment processing fee and self-employment tax withholding as indicated on your Service Setup account documentation. The Associate authorizes E-ZHire to process payment and direct deposit funds into their default payment account as described above.
8.3 Disputed Events and Refund Policy
A Client’s right to dispute an invoice event during the review period as detailed in Section 8.1 above, is limited to the quantity of recorded hours logged and being billed. The Client may not dispute an event based on the quality of work performed, or any other dissatisfaction with service. If a Client does not dispute an event during the review period, then that event will be considered approved by the Client by default.
If the Client disputes an invoice event, that event will not be charge to the Client’s payment method until the dispute is resolved. E-ZHire will review the disputed event, which may include speaking with the Client and Associate, examination of the work order, examination of the Client’s and Associate’s User history and reviews, and referencing the GPS data-log as to the location of the Associate during the logged times. After the completion of the review, E-ZHire will inform the involved parties of its final and binding decision. Client and Associate agree that E-ZHire will have full authority to determine the final resolve of any single invoiced event disputed with a value of $500 or less. Any disputed event over $500 that cannot be amicably resolved through E-ZHire mediation between the parties will be arbitrated between the Client and Associate through final and binding arbitration, rather than a court, conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). Client and Associate hereby agree to the dispute and resolution conditions as stated herein.
Except as set forth above, all payments for Independent Services are non-refundable.
Client and Associate (Parties) agree that E-ZHire’s Site and Site Service, when accessed and used by the Parties, have a monetary and intrinsic value, and that any attempt by the Parties to circumvent the payment or participation of E-ZHire in any connection or transaction between the Parties which seeks to exclude E-ZHire will cause damage to E-ZHire for which they will be liable. Client and Associate agree to not circumvent E-ZHire in any manner using information or access through its Site or Site Services.
Client agrees to pay for all Independent Services directly to E-ZHire per Section 8.1 above, and not to Associate. Client further agrees they will not circumvent, hire or attempt to hire any Associate outside of the E-ZHire Site, regardless who initiated the circumvention. Client agrees that they will not procure any labor or receive any service, from any Associate originally procured through E-ZHire, and acknowledge they will be liable for any damages to E-ZHire for such breach.
Associate agrees that payments for Independent Services they perform for Clients, will be paid directly from E-ZHire per Section 8.2 above, and not through Client. Associate further agrees they will not circumvent, be hired or attempt to hired by any Client outside of the E-ZHire Site, regardless who initiated the circumvention. Associate agrees that they will not perform any labor or provide any service, to any Client originally procured through E-ZHire, and acknowledge they will be liable for any damages to E-ZHire for such breach.
Associate agrees to not make any post on the Site which will include means of direct contact between Associate and Client outside of the E-ZHire Site, to include, but not be limited to telephone numbers, email, social sites, addresses, web links, directions to contact information, and name of business. This does not include information required by E-ZHire for registration purposes.
- Release of Liability for Conduct and Disputes
We are not an employer of Associates. Associates are classified as Independent Contractors. Clients may seek the services of an Associate through the use of the Site or Site Services, and Associates may post profiles and submit hourly rates to Clients regarding their services. Any issues concerning the conduct of a Client or Associate including, without limitation, the services received by the Client or payment due to the Associate, must ultimately be resolved directly by the Client and the Associate. E-ZHire will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Site Services, you do hereby represent, understand, and expressly agree to hold E-ZHire harmless for any claim or controversy that may arise from any disputes between you and any Client, Associate or other User(s) of the Site. You agree to take reasonable safety precautions in all interactions with Clients, Associates or other Users of the Site or the Services, particularly if you decide to meet offline. By using the Site or the Site Services, you do hereby agree to report any alleged improprieties of any Users therein to E-ZHire immediately by notifying E-ZHire of the same via electronic correspondence.
- Age Restrictions
Except with respect to Teen Providers (as described in Section 3.3), E-ZHire is intended for people 18 or over. Clients and Associates should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. E-ZHire will not knowingly collect any information from individuals under 13. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Site Services, your registration will be terminated immediately.
- Disclaimers; Limitations; Waivers; Indemnification
11.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by E-ZHire, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, E-ZHIRE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN E-ZHIRE; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, E-ZHIRE EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS, WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, E-ZHIRE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS AN INDEPENDENT SERVICE PROVIDER OR TO ENGAGE THE SERVICES OF A SERVICE PROVIDER.
11.2. Assumption of Risk
You assume all risk when using the Site and the Site Services, including but not limited to all of the risks associated with any online or offline interactions with Users of the Site or the Site Services. You agree to take all necessary safety precautions when interacting with other site visitors or Users.
11.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will E-ZHire be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Site Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Site Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if E-ZHire, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL E-ZHIRE’s AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU THROUGH YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID E-ZHIRE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-E-ZHire Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL E-ZHIRE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. E-ZHire makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
- Copyright Notices/Complaints
It is E-ZHire’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting E-ZHire and providing the following information:
– Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
– Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
– Your name, address, telephone number and e-mail address.
– A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
– A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
– A signature or the electronic equivalent from the copyright holder or authorized representative.
2885 Lawrenceville Suwanee Rd, Suite A
Suwanee, GA 30024
- Agreement to Arbitrate
13.1 Agreement to Arbitrate
This Section 13 is referred to in these Terms as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and E-ZHire or a E-ZHire Affiliate, whether relating to these Terms (including any alleged breach thereof), the Site Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND E-ZHIRE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND E-ZHIRE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER E-ZHIRE USERS.
13.3 Pre- Arbitration Dispute Resolution
E-ZHire is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at Client_Services@E-ZHire.com or at E-ZHire Inc., Attn: Legal Department, 2885 Lawrenceville Suwanee Rd, Suite A, Suwanee, GA 30024
13.4 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against E-ZHire Inc, you must complete a short form, submit it to the AAA, and send a copy to E-ZHire at E-ZHire Inc., Attn: Legal Department, 2885 Lawrenceville Suwanee Rd, Suite A, Suwanee, GA 30024. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or E-ZHire Inc may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and E-ZHire Inc subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or E-ZHire Inc, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different E-ZHire Users, but is bound by rulings in prior arbitrations involving the same E-ZHire user to the extent required by applicable law.
13.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, E-ZHire will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, E-ZHire will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse E-ZHire Inc for all fees associated with the arbitration paid by E-ZHire Inc on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
13.8 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against E-ZHire prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against E-ZHire prior to the effective date of removal.
- Governing Law and Jurisdiction
These Terms, and any dispute between you and E-ZHire Inc, shall be governed by the laws of the State of Georgia without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 13 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and E-ZHire Inc must be resolved exclusively by a state or federal court located in the State of Georgia. You and E-ZHire Inc agree to submit to the personal jurisdiction of the courts located within the State of Georgia for the purpose of litigating all such claims or disputes.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
- Contact Information
If you have any questions or need further information as to the Site or Site Services provided by E-ZHire.com, or need to notify E-ZHire as to any matters relating to the Site or Site Services, please contact E-ZHire at:
E-ZHire Inc, 2885 Lawrenceville Suwanee Rd, Suite A, Suwanee, GA 30024, USA
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