Effective Date: February 20th, 2018
MATERIAL TERMS AND NOTICES
- The Be Green Portal & Representatives connect you to third party clients & customers. You are not an employee but rather a subcontractor of Be Green.
- The App is provided “as is” without warranties of any kind, and Be Green’s liability to you is limited regarding the performance of Services;
- Access to certain features of the Be Green Portal may require access to information about the location of your device, such as GPS coordinates;
- We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in Section 2) that occur through the Be Green Portal for our business purposes, including to provide and improve customer service and the Be Green Portal, fraud prevention, and to identify violations of this Agreement;
- You agree not to circumvent the Be Green Portal by scheduling and/or paying for services outside the App.
2. Be Green Portal Connects You to Third Party Clients & Customers
The Be Green Portal provides a team of customer-service representatives (“Call Center” or “Representatives”) and an on-line scheduling portal where independent, self-employed individuals and/or businesses (“Providers”) can accept jobs (“Bookings”) from potential customers, both individuals and businesses that reside in the United States (“Customers”), that are seeking to obtain Carpet, Upholstery Cleaning and/or House Cleaning services.
The Be Green Portal further offers Providers digital marketing assistance, payment processing, and other digital services.
Each Provider shall recieve an account that enables such Provider to access the Be Green Portal. Before receiving an account, Providers must have their Provider account approved prior to accessing the Provider functions through their account.
For purposes of this Agreement, the services provided by Providers to their Customers that are scheduled through the Call Center or the Be Green Portal shall be referred to as the “Services.”
Providers are to set their weekly availability (“Schedule”) at least two weeks in advance using the App. It is up to the Providers to provide Services to Customers scheduled through the Be Green Portal or the Be Green Call Center, however, Providers acknowledge commitment to any bookings scheduled within the limits of their previously submitted schedule. The representatives will distribute the next day’s final bookings before 630pm (MST) the evening prior.
After scheduling, Providers will use the App to facilitate further communication with their clients, build individualized estimates for additioanl services and process customer payments, including but not limited to: diving directions, special customer instructions, booking details, and customer’s contact information.
Furthermore, the Provider has the right of control over how the Provider will perform the services.
The Provider will also provide any equipment or materials necessary to provide said services and Be Green is exempt from having to furnish such equipment or materials. Some resources & contacts may be provided.
3. PAYMENT COLLECTION & COMPENSATION After providers collect full payments from customers using the App, Be Green will pay compensation to the Provider for the Services. Payments will be made based upon predetermined categorical rates, per job, as follows:
Categories, Deffinitions, & Rates:
“Money IN” – Total amount customer pays to Be Green. Not including “Net Promotional Amount,” any “Gratuity” and/or applicable fees or taxes. A percentage of MONEY IN will be communicated to you in the online Provider orientation and/or on the Website.
Money OUT – Amount when the technician knocks on the door. Amount added by the call center at the time of booking. Cost of job as agreed to by the customer at the time of booking. A percentage of MONEY OUT will be communicated to you in the online Provider orientation and/or on the Website.
PROMOTIONAL AMOUNT (“Promo Amount”) – Often times Be Green will collaborate with thrid party promotional platforms to sell prepaid service bookings at a discounted rate. Promotional platforms include but are not limited to: Groupon, Living Social, and other online retailers. “Promotional Amount” refers to the amount a customer pays to a third party, of which, the portion payed to Be Green equals “Net Promotional Amount.” Not calculated as a portion of total “Money In.” A percentage of PROMO AMOUNT will be communicated to you in the online Provider orientation and/or on the Website.
NET PROMOTIONAL AMOUNT – Average portion of “Promotional Amount” paid to Be Green (typically between 45%-60% of Promotional Amount)
EXTRAS – Calculated by subtracting MONEY OUT from MONEY IN. Extras refer to the amount of additional services sold to a customer by the provider during the course of the booking.
Gratuity – Tip – A gift of money, over and above payment due for service. Customers are required to pay gratuity via debit/credit card transactions. All providers are compensated 100% of gratuity added to the jobs they complete.
Providers will bill Be Green on a weekly basis and all billing will be Paid 13 days after any week ending bill submission. Weekly billing consists of a percentage rate (communicated to you in the online Provider orientation and/or on the Website) of the following categories: MONEY OUT, PROMO AMOUNT, (i.e. groupon, eccommerce & other sales), and EXTRAS. Upon inadequeate work, the provider agrees to sacrifice their portion of any refunded charges or damages to third party customers.
Each week the App calculates completed job information and uses this information to generate an accurate bill for each provider. By using the Be Green Portal, providers have the ability to keep track of updated job information and also confirm that their weekly bills are correct in case of a miscalculation. Provider acknowledges their responsibility to confirm the approval of each weeks bill no later than the Monday following a week, failing to do so may result in compensation delays.
The following fees are applicable: Administrative Fee: $7 per job or gig.
Redo / Touchup Fee: $20 per job or gig.
In the event that Be Green is required to rectify poor or unsatisfactory services to a customer by a provider. Be Green may assess a $20 fee to accomidate a different provider to complete, rectify, amend, or enhance the job.
No other fees and/or expenses will be paid to the Provider, unless such fees and/or expenses have been approved in advance by the appropriate executive on behalf of Be Green in writing. The Provider shall be solely responsible for any and all out-of-pocket expenses, travel, taxes, Social Security contributions or payments, general liability insurace, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation.
4. TERM/TERMINATION. This Agreement may be terminated by either party “at will.” However, upon termination any prior completed services will maintain negotiated rates within this contract.
A regular, ongoing relationship of indefinite term is not contemplated. Be Green has no right to assign services to the Provider other than as specifically contemplated by this Agreement. However, the parties may mutually agree that the Provider shall perform other services for the Be Green, pursuant to the terms of this Agreement.
5. RELATIONSHIP OF PARTIES. It is understood by the parties that the Provider is an independent provider with respect to Be Green, and not an employee of Be Green. Be Green will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Provider.
It is contemplated that the relationship between the Provider and Be Green shall be a non-exclusive one. The Provider also performs services for other organizations and/or individuals. Be Green has no right to further inquire into the Provider’s other activities.
6. BE GREEN’S CONTROL. Be Green has no right or power to control or otherwise interfere with the Provider’s mode of effecting performance under this Agreement. Be Green’s only concern is the result of the Provider’s work, and not the means of accomplishing it. Except in extraordinary circumstances and when necessary, the Provider shall perform the Services without direct supervision by Be Green.
7. PROFESSIONAL CAPACITY. The Provider is a professional who uses his or her own professional and business methods to perform services. The Provider has not and will not receive training from the Be Green regarding how to perform the Services.
8. NO LOCATION ON PREMISES. The Provider has no desk or other equipment either located at or furnished by the Be Green. Except to the extent that the Provider works in a territory as defined by Be Green, his or her services are not integrated into the mainstream of Be Green’s business.
9. NO SET WORK HOURS. The Provider has no set hours of work. There is no requirement that the Provider work full time or otherwise account for work hours. However, providers are to set their weekly availability (“Schedule”) at least two weeks in advance using the App. It is up to the Providers to provide Services to Customers scheduled through the Be Green Portal or the Be Green Call Center, however, Providers acknowledge commitment to any bookings scheduled within the limits of their previously submitted schedule. The representatives will distribute the next day’s final bookings before 630pm (MST) the evening prior.
10. EXPENSES PAID BY PROVIDER. The Provider’s business and travel expenses are to be paid by the Provider and not by Be Green.
11. CONFIDENTIALITY. Provider may have had access to proprietary, private and/or otherwise confidential information (“Confidential Information”) of Be Green. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of Be Green, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of Be Green, and any and all trade secrets, customer lists, or pricing information of Be Green. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Provider, or divulge, disclose, or communicate in any manner any Confidential Information. The Provider will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, the Provider will return to Be Green all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the Provider during the term of this Agreement.
12. INJURIES. The Provider acknowledges the Provider’s obligation to obtain appropriate insurance coverage for the benefit of the Provider (and the Provider’s employees, if any). The Provider waives any rights to recovery from Be Green for any injuries that the Provider (and/or Provider’s employees) may sustain while performing services under this Agreement and that are a result of the negligence of the Provider or the Provider’s employees. Provider will provide Be Green with a certificate naming Be Green as an additional insured party.
13. INDEMNIFICATION. The Provider agrees to indemnify and hold harmless Be Green from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Be Green that result from the acts or omissions of the Provider, the Provider’s employees, if any, and the Provider’s agents.
14. NO RIGHT TO ACT AS AGENT. An “employer-employee” or “principal-agent” relationship is not created merely because (1) Be Green has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the contract or (2) Be Green has or retains the right to stop work done improperly. The Provider has no right to act as an agent for Be Green and has an obligation to notify any involved parties that it is not an agent of Be Green.
15. ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.
16. WAIVER OF BREACH. The waiver by Be Green of a breach of any provision of this Agreement by Provider shall not operate or be construed as a waiver of any subsequent breach by Provider.
16. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
17. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Colorado.