Service Provider Terms & Conditions
These Service Provider Terms (SPT) are in addition to the Terms in our Terms of Website Use, and Service Terms (ST) which by this reference are incorporated into and made part of these SPT as if fully written herein. Definitions and shorthand references used in the Terms are used in these SPT. If there shall be any conflict, ambiguity or inconsistency between the Terms, the ST and these SPT, these SPT shall control.
There are two types of Service that Service Providers may “opt-in” to make Service available through the Website and provide: (1) Labor Service, which cannot include transportation, and (2) Moving Service for local and intrastate moves, which includes transportation. Labor Service and Moving Service are referred to jointly as “Service”.
You must submit an application and register an account with MLHC PRO to be eligible to advertise your Service in the MLHC PRO marketplace and to perform Service for Customers. By submitting an application and/or registering an account with MLHC PRO, you are: a. advertising as an independent company whose information is listed within the MLHC PRO marketplace. If at any time you do not agree with all these SPT discontinue using the Website and Website Services immediately; and b. representing and warranting that you: (1) Are authorized by any of the United States or their political subdivisions that you do business in to perform or arrange Service advertised through the Website; (2) Are conversant of, in compliance with and shall at all times comply with all valid laws, orders, rules, regulations and other requirements of any federal, state, or local authority having jurisdiction over you or the provision of Service (“All Laws” or “Laws”); (3) Shall maintain or ensure maintenance of all equipment used to perform Moving Service (“equipment”), ensure that all equipment has valid plates, permits, licenses, fuel tax receipts, etc., and shall keep and maintain or ensure maintenance and retention of all records prescribed by Laws, including but not limited to, records of all drivers, logs, and vehicle maintenance reports; (4) Shall be solely and fully accountable for your Service, the Service of all Service Providers that you arrange for and all persons who perform Service (“Service Providers and Personnel”) remaining in compliance with All Laws that apply to them and for following commercial best practices in the selection, use and retention of Service Providers and Personnel; (5) Have insurance for or only use Service Providers who have Workers’ Compensation in an amount equal to or greater than required by your domicile State, and such General (including property damage), Automobile liability and Cargo insurance in amounts required by All Laws, all providing coverage on a per occurrence basis; (6) Are in good standing with your State of domicile; (7) Are free and authorized to advertise and provide or arrange Service without violating the terms of any agreement(s) to which you are a party; and that (8) You shall maintain all the aforesaid authorization(s), compliances, maintenance, accountability, insurances, good standing and freedom and authority to advertise and provide Service.
When you provide Labor Service providing any transportation or assistance with any transportation using trucks or any vehicles of any kind will be a violation of these SPT and will be grounds for deactivation of Your Account.
As a Labor Service Provider you are not allowed to work as an employee for any other Labor Service Provider. However, shared crew members are allowed.
MLHC PRO currently does not require all Service Providers to pass criminal background checks, drug testing or credit checks, but a Service Provider must be willing to conduct these checks upon request when required by Customers or Laws. There are also specific “opt in” programs within MLHC PRO which require participating Service Providers to pass criminal background checks and adhere to certain other qualifications. More detailed information about these programs are in Sections Drug and Alcohol Testing & Criminal Records & Background Checks below and in your Service Provider account.
MLHC PRO, at its sole discretion may or may not approve you to become a Service Provider. When Your Account application has been approved or refused, you will be notified via electronic mail of the status of the application. Once Your Account has been approved, you will have an opportunity to enter and update all pertinent information; including but not limited to business information, an IRS W-9 form, prices, availability, etc. Should Your Account be approved but you violate any SPT, MLHC PRO reserves the right to deactivate Your Account. You may choose to deactivate Your Account on the Website by clicking on the Account Status tab on Your Account and choosing the “Deactivate your account” link or by emailing info@MLHC PRO.com.
As a Service Provider you may elect to enter in Your Account information regarding and relating to your business, you may upload documents and/or pictures affiliated with your business including but not be limited to documents and/or photos of your business, regulatory license(s), commercial insurance, Service and rate information (See Section 6, below) workers’ compensation policy and company uniforms (collectively referred to as Your Content). By agreeing to these SPT, you grant MLHC PRO the absolute right to share and post Your Content on the Site and with any User, Customer, partner and/or affiliate of MLHC PRO. Your Content published on MLHC PRO is strictly your responsibility. MLHC PRO does not screen, support or endorse any of Your Content. However, MLHC PRO does reserve the right to delete Your Content and any information or links that it feels violate these SPT, or takes advantage of any MLHC PRO User, Customer, affiliate, and/or partner. MLHC PRO is also not responsible for any content or information of third-party websites or services listed, since third-party websites and services do not operate under these SPT. Any agreements made through or with a third-party service are strictly between the Service Provider and that service. You agree that any misinformation, damage, or loss caused by any third-party services is not the responsibility of MLHC PRO and not MLHC PRO’s responsibility to resolve. Service Provider also agrees that HireAHelper is not responsible for any loss or damage you may suffer from any information posted or promised by, or any content/communication created by any Service Provider, User, Customer, affiliates and/or partners of MLHC PRO.
Upon selecting a Service Provider, a Customer enters the date, time and description of the Labor Service or Moving Service (collectively “Order”) they wish to procure. An Order may go longer or shorter than the specifications listed. Once an Order has been placed, you will receive notification of the Order via electronic mail and text messages (if you have set up text messaging notifications) to the phone number listed in Your Account. You agree to contact the customer to confirm the details of the Order both when it is booked and between twenty-four (24) and forty-eight (48) hours before the scheduled Service start time. A Service Provider has 24 hours to accept or reject an Order. If you do not reply within the 24 hours you will receive another email notification and a 24-hour grace period to respond to the Order. If you indicate you can offer same day and/or next day service you must respond to an Order notification 2 hours in advance of the requested start time or within 24 hours, whichever is sooner. If you ignore and/or fail to respond to an Order notification, your account may be deactivated and the Order will be re-routed to a different Service Provider in the market area.
More info on the Service Provider and Customer cancellation policy can be found here:
Upon accepting an Order, you agree to agree to all terms of Service requested, including the date of Service, time of arrival, number of helpers, number of hours [see section 6 on overtime and refund policies] and the specified Service listed in the Order description from the Customer. Failing to accommodate all terms of Service requested is grounds for deactivation of Your Account.
You shall regularly update the Availability tab on Your Account. Though you may change your availability at any time after logging into Your Account, you agree to be available for Service during the time listed on the Availability page. Preferences for next or same day Orders must also be listed in Your Account. Failure to consistently not be available for Service or completion of Orders may result in the deactivation of Your Account.
- RATES, PAYMENT AND FEES
You shall enter all information pertinent to your Service(s) and your rates and charges in Your Account. This shall include all information regarding any distinction on Service provided and all costs associated with such Service. You will have an option to enter your flat rates, travel fees, area coverage, refund, additional hour rates, rates for same day & next day Orders, working over pre-booked times, equipment fees, etc., in Your Account. Although not all service options are mandatory, Service Providers must list their rates for Service in order to be listed on the site. To determine travel fees by miles, MLHC PRO uses Google Maps to determine the actual driving mileage between two locations (from the Service Provider’s business address to the center of the Customer’s zip codes). In the rare case that we cannot determine the driving mileage we calculate the distance simply as the shortest distance between two points on the map. When the job is a local move (when the Customer’s locations are within 100 miles of each other) no additional travel fees will be added as you are charging for the time it takes to drive to the Customer’s second location. Two (2) hours of Service will be the minimum for which each Service Provider can contract for Service.
Service Providers will have an opportunity to list a flat rate for each two (2), three (3) or four (4) hours of Service for a minimum of $15 per person, per hour.
For any hours over the pre-booked time, a default option that you do not provide such Service will be automatically selected for you. But should you elect to provide time beyond the pre-booked hours and/or provide Service beyond what was originally booked by a Customer, you are agreeing to that availability on every Order in circumstances where more time is needed. Additional hours will be calculated at fifteen (15) minute increments at the hourly rate that the Order was booked under.
Options for refund policy are listed in Your Account. It is your responsibility to make clear what your refund policy is in Your Account. Should you elect to offer refunds for unused time, you are agreeing to refund Customers on every Order when a Customer requests a refund for the unused time. If you elect to not offer refunds for unused time, but show up late to an order, the customer is entitled to a refund of unused time equal to the amount of time you were late by.
To determine fees for “flights of stairs”, please note that MLHC PRO defines a “flight of stairs” as four or more steps between floors. Stairs are still considered “one flight” if the steps are interrupted by a landing and continue to lead you to the next floor of the building. Our representatives keep this definition in mind at the time of booking when gathering details from Customers. MLHC PRO ‘s policy is that the first flight of stairs on an order is always free. For all flights after that the Service Provider has the option to charge extra, regardless of whether the additional flights are at the initial location or subsequent locations.
- CANCELLATION FEES AND PAYMENTS
The following policies apply to fees for Order cancellation:
If a Customer cancels or reschedules an Order with more than 24 hours’ notice, you may not charge a cancellation fee. The 24 hours’ notice is calculated from the end of the Scheduled service start time listed in the MLHC PRO system. You also may not charge a cancellation fee when a Customer cancels an order due to inability to contact you or when you fail to show up during designated start time.
If a Customer cancels or reschedules an Order less than twenty-four (24) hours but more than one (1) hour before the beginning of the scheduled Service start time, you may charge a cancellation fee of a 1-hour charge at your standard hourly Labor Service rate. If a Customer cancels an Order with less than one hour’s notice, you may charge a cancellation fee of a 2-hour charge at your standard hourly Labor Service rate.
If you arrive at a job site during the scheduled Service start time and a Customer is not present you will be on the clock and can charge for wait time as soon as you complete calls to the Customer and MLHC PRO.
If a Customer is running late and is not ready for Service at the scheduled Service start time, you must give the Customer the option to cancel the Service Order and pay the less-than-one-hour notice 2-hour cancellation fee or to have you wait on the clock for at least the amount of time you were booked for.
If you cannot contact a Customer and it is after the scheduled Service start time, you can leave and charge a less-than-one-hour notice cancellation fee.
If there is a dispute regarding cancellation fees owed, you must be able to show proof via emails and/or phone records that you confirmed the Order both when it was booked and between twenty-four (24) and forty-eight (48) hours before the scheduled Service start time and that you attempted to contact the Customer.
When you do arrive at the scheduled Service start time but with less crew members than promised, you must pro-rate the labor charges and travel fees based on the rates in the Order instead of your normal rate for the smaller-sized crew.
If a cancellation fee applies, HireAHelper will retain ten (10) percent of the total cancellation fee as its fee.
MLHC PRO processes payments from Customers to Service Providers by ACH deposit or paper check. By using the Website you agree that the bank account or mailing address listed in Your Account is the correct one to send payment to. MLHC PRO is not responsible for payments that are lost due to incorrect payment information. Once an Order has been completed, Customers can authorize MLHC PRO to transfer payment to you by either calling or texting the Payment Release Line at the end of each Order, or by signing off on your paperwork/invoice showing hours completed. If we are unable to collect payment from a Customer your sole remedy is against that Customer. MLHC PRO provides an IRS 1099-K form to you for each calendar year showing the dollar amount paid to you that was processed through the Site during such calendar year. You agree and consent to receive the 1099-K form electronically.
MLHC PRO’s fees vary depending on the Order type and coverage level provided by MLHC PRO to you on each Order. You hereby authorize MLHC PRO to withhold these fees once a Customer confirms an Order was successfully completed and authorizes MLHC PRO to transfer payment for Service to you.
Disputes: All communication regarding disputed payments and cancellation fees must be submitted in writing using one of the methods below:
- COVERAGE AND FEES
Service Provider agrees to be fully responsible to discuss and resolve such damage claims directly with the Customer.
- ELECTRONIC DELIVERY OF COMMUNICATIONS
- NOTIFICATION OF CLAIMS OR INFRINGEMENT
If at any time while browsing or using MLHC PRO services you believe that your information is being misused, improperly displayed, or misrepresented creating copyright infringement, or in blatant violation with your personal rights, please contact MLHC PRO immediately at: email@example.com by email In Order to properly diagnose and resolve the issue, please provide us with the necessary information:
- The material in question, and enough information for us to locate it. Such as a URL, or description of how and where it was viewed by you.
- A statement by you providing substantial reasoning, belief, or evidence that the material is in violation of its creator, rightful owner, or the law.
- A statement by you certifying under penalty of perjury that the above information you provided is accurate, and that you are either the rightful owner or acting out of the best interest of the rightful owner, of the material in question.
- Your name, address, telephone number, and signature. If after proper investigation the material or person in question is found to be in violation, HireAHelper will remove the material and reserves the right to take further action against its creator, such as removing the account from our website, by the steps necessary in the Digital Millennium Copyright Act (DMCA).
- PRIVACY AND INFORMATION DISCLOSURE
As a Service Provider with MLHC PRO you agree not to publish, email other users, or in any other way make available for public viewing, content that is:
Discriminatory against: age, sex, gender, sexual orientation, disability, religion, ethnicity or race
Violates federal, state, and local law
Threatening to MLHC PRO, its employees, its Users, customers, affiliates and/or partners.
You also agree: (1) Not to use our database for improper solicitation or to advertise for any illegal services for your own or any third party, implanting or creating computer viruses, or controlled interruption to our server or information provided to and by MLHC PRO. (2). That you will not (and will not attempt to improperly influence the feedback of any Customer in any manner. (3) Not to post, cut and paste, and/or copy the content of Customer feedback review from the Site to your personal or business website, to any third party website, and/or on any of personal, business, or third-party marketing materials (regardless of the form). (4) That you will not post or attempt to post, in any manner or by any means, a feedback review of your own services.
Furthermore, you agree not to commit forgery, harass MLHC PRO, its employees, customers, or users, or attempt to acquire information only provided to MLHC PRO administration by any means. A violation of any of the aforementioned is grounds for immediate deactivation of your account and grounds for criminal charges.
- NO SPAM POLICY
As a Service Provider with MLHC PRO you agree not to use any personal information such as a User’s name, phone number, and/or email address acquired through MLHC PRO for spamming purposes. Distribution of any such information without the prior written consent of HireAHelper is strictly forbidden.
As a Service Provider with MLHC PRO you agree that MLHCpro.com can at any time enforce limitations of any rightful kind upon its users. In no event will HireAHelper be liable to you for any lost profits, lost savings or incidental, indirect, special or consequential damages, arising out of your use or inability to use the services or the breach of this agreement, even if advised of the possibility of such damages.
- ACCESS TO THE SERVICE
MLHC PRO welcomes any company to sign up on its website to provide moving labor service. MLHC PRO provides you limited access to our database in order to promote and advertise your services. At no time does MLHC PRO offer administrative access to its Service Providers. MLHC PRO does not allow its Service Providers to provide outside links and or phone numbers with the purpose of further advertising oneself commercially or circumventing the MLHC PRO service via available description fields. Service Providers are allowed to link MLHC PRO in your own websites or services, as long as you are not providing harmful or malicious information about MLHC PRO, or its employees, partners or services.
- TERMINATION OF SERVICE
MLHC PRO reserves the right to remove any account from its site by deleting such account and blocking IP address for any reasons that it feels is necessary.
- PROPRIETARY RIGHTS
All content, material, and images uploaded to MLHC PRO by MLHC PRO employees is copyrighted. Service Provider agrees not to misuse any of this content for your own purposes other than to advertise the services of HireAHelper.com. Although MLHC PRO does not authenticate any content published by its Users, you agree not to misuse any content that is provided by MLHCpro.com Users, either. Service Provider also agrees not to use any information provided on HireAHelper.com for any use other than acquiring a Customer on MLHCpro.com.
- DISCLAIMER OF WARRANTIES
As a Service Provider with HireAHelper you agree that MLHC PRO is not responsible for any complaints you may have with other Users or Service Providers. MLHC PRO is not responsible for providing you with business, or quality work. MLHC PRO is strictly a database of Service Providers. Any Labor or Moving Service you offer to a Customer is provided under a contract between you and that Customer. MLHC PRO is just a means to find that Customer. We are not a staffing agency, representative, provider, contractor, or employer to any Service Provider. By advertising your Labor or Moving Service on MLHC PRO, you are agreeing to represent yourself properly, and perform the Service you provide correctly. By accepting an Order through MLHC PRO, you are agreeing that any issues regarding the quality or work performance by you are to be resolved between yourself and the Customer. MLHC PRO is not legally responsible for settling or being involved in any disputes you may have with another User or Customer. By using MLHC PRO services, you are agreeing that any contracts made by you through MLHC PRO, are solely the responsibility of yourself and the Customer involved.
As a Service Provider withMLHC PRO you agree not to hold MLHC PRO, its employees, Users, Customers, partners and/or affiliates liable for any injuries suffered by you or your crew members during the execution of an Order. Service Provider agrees that you cannot hold MLHC PRO, or its employees responsible for any loss or damages you may incur while using services on MLHC PRO, or any third party services advertised.
- DRUG AND ALCOHOL TESTING
As a Service Provider with MLHC PRO, you agree that you and All Personnel will be free of any alcohol or drugs while performing Service for a Customer. There are specific “opt in” programs within MLHC PRO which require All Personnel to pass Drug Testing and adhere to certain qualifications required by Customers or Laws. More detailed information about these programs will be made available in Your Account.
20.1 If a Service Provider accepts an Order on which a Customer or Laws require(s) drug-tested Service Provider Personnel, only Service Provider Personnel for whom Service Provider has submitted proof of passing a drug test may be sent for those Orders.
20.1.1 Any falsification of drug-testing proof or sending non-tested Service Provider Personnel to perform Service on an Order that requires drug-testing will be grounds for immediate deactivation of Your Account.
20.2 MLHC PRO reserves the right to randomly audit employees on any Order requiring drug testedService Provider Personnel.
20.3 If anything occurs that could jeopardize the drug test status of any Service Provider Personnel, you must notify MLHC PRO immediately. All Personnel whose drug test status is in jeopardy must either pass a new drug test or be removed from providing Service on Orders on which a Customer or law requires drug-testing .
20.3.1 MLHC PRO also reserves the right to randomly require Service Provider Personnel to resubmit new drug tests at any time in order to provide Service
20.3.2 All Personnel must pass new drug tests periodically to provide Service on Orders that require drug-tested Service Provider Personnel.
- CRIMINAL RECORDS & BACKGROUND CHECKS
By becoming a Service Provider on the MLHC PRO marketplace you agree that you and All Personnel have not been accused or found guilty of any federal, state, or foreign criminal activity including but not limited to: any felony theft, assault, battery, stalking, any type of sexual misconduct, rape, pedophilia, etc. False representation regarding these issues may result in immediate removal from the marketplace and criminal charges.MLHC PRO maintains the right to run background checks on any/all of Service Provider and any Service Provider Personnel of companies listed as Service Providers.
21.1 If Service Provider accepts an Order on which a Customer or Laws require(s) background checked employees, only Service Provider Personnel for whom you have proof of passing background check may be sent to provide Service on those Orders.
21.1.1 Any falsification of background check proof will be grounds for immediate removal from MLHC PRO.
21.2 MLHC PRO reserves the right to randomly audit All Personnel on any Order requiring background checked personnel.
21.2.1 MLHC PRO reserves the right to suspend or remove Service Providers from the marketplace for sending non-background checked Service Provider Personnel to provide Service on an Order requiring background checked personnel.
21.3 If anything occurs that could jeopardize Service Provider Personnels’ background status, MLHC PRO must be notified immediately. Service Provider Personnel whose background checks are in jeopardy must either pass a new background check or be removed from providing Service.
21.3.1 MLHC PRO also reserves the right to randomly require All Personnel to resubmit new background checks at any time in order to stay in the program
21.3.2 Service Provider Personnel must pass new background checks periodically to be eligible to provide Service(s) on Orders.
- ALLEGED THEFT CLAIMS
All Service Providers are required to submit to the following procedures in the event a Customer claims missing items while the Service Provider’s Personnel were on site:
22.1 Service Provider must update their Service Provider Personnel list with names, photos and email addresses for All Personnel that were working for the Service Provider or who were recently terminated or quit.
22.2 Service Provider must send a picture of a photo ID for All Personnel that were on the Order where the missing items were reported.
22.3 Service Provider must begin a background check on All Personnel that were on the Order where the missing items were reported. New background checks must be completed if the current background check is greater than three years old.
22.4 These tasks must be completed within five days from the time when the Service Provider receives the initial complaint/claim email sent by the MLHC PRO Claims Department. Failure to complete these tasks within the allotted time frame will result in your account being deactivated until the tasks are completed in full.
22.5 Service Provider must work cooperatively and in a timely manner with the claim representative when missing/lost items are claimed. Service Providers are responsible without limit for any reimbursement of losses incurred due to lost/missing items. MLHC PRO encourages Service Providers to help resolve lost/missing item issues with Customers in order to prevent claims from being filed through MLHC PRO.
- LICENSE AND INSURANCE
All Service Providers are required to have all appropriate licenses and/or insurance as required by Laws. Service Providers must be able to produce copies of any license and insurance information that is listed on the site. Failure to be able to provide proof of listed license, insurance or offering Service that the Service Provider doesn’t carry proper licenses for is grounds for removal from MLHC PRO. All commercial liability policies should now include MLHC PRO as an additional insured. All MLHC PRO applications and renewals will require MLHC PRO as an additional insured on commercial liability policies.
- VIOLATION OF TERMS AND DAMAGES
Please report any violation of these SPT by emailing to: firstname.lastname@example.org
As a Service Provider with MLHC PRO you agree and understand that, because damages are often difficult to quantify, if it becomes necessary for MLHC PRO to pursue legal action to enforce these SPT, you agree to pay MLHC PRO’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these SPT, MLHC PRO retains the right to seek the remedy of specific performance of any term contained in these SPT, or a preliminary or permanent injunction against the breach of any term or in aid of the exercise of any power granted in any SPT or any combination thereof.