TERMS OF USE
SydeWyrk LLC (“SydeWyrk”, “we”, “our”, “us”) provides the www.sydewyrk.com site, mobile app, web app and various related services (together referred to as this “Platform”) subject to your (“User”, “you”, “your”, “SydeWyrker”) compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”). In addition, when using particular services on this Platform, Users shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
In order to take advantage of our Platform and make Service Requests, you must become a registered User by signing up for an account and password. The information you complete when using the online registration form will be used to set up this account. It is required that as a registered User, you provide us with accurate and complete information about yourself and update this information whenever it changes. We have the right to reject any application or registration for any reason at any time. Your account may not be transferred or shared with any other person or company and you must protect your account password. By having a User account, you accept all responsibility or any use and activity associated with your account. By registering for this account you agree that you are at least of the age of 18. Your account information will be shared with third parties that partner with us for certain features of the Platform. Your account information is subject to our Privacy Policy, which is specifically incorporated by reference into our Terms of Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE PLATFORM NOW. THE REMEDY FOR DISSATISFACTION WITH THIS PLATFORM, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS PLATFORM, IS TO STOP USING THE PLATFORM. YOUR AGREEMENT REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS PLATFORM.
These Terms of Use are effective as of June 20th, 2018. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Platform and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Platform after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
Children’s Online Privacy Protection Act – (“COPPA”) requires online services obtain parental consent before knowingly collecting personally identifiable information from children that are under the age of 13. If you believe that a child under 13 has provided SydeWyrk with personal information, please contact us at <support@sydewyrk.com.> If we learn we have collected information from someone under the age of 13, we will immediately delete the information from our servers the best we can. If you are under the age of 13, you are not allowed to use our platform and must not try to access or sign up for an account.</support@sydewyrk.com.>
YOU MAY NOT USE OUR SERVICES IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
Description of Services – SydeWyrk make various services available on this Platform to connect Users with SydeWyrkers in their neighborhood or surrounding areas to perform simple home services typically outside the interior of the User’s home. Such services include but are not limited to lawn care, landscaping, light hauling, power/pressure washing, animal waste removal, exterior cleaning, exterior painting, snow removal, and car detailing. (the “Services”) Fees for the various Services are set by SydeWyrk based on job type and size, and are described in the Platform. You are solely responsible for providing, at your own expense, all equipment necessary to use the Platform, including a mobile device, computer, and your own Internet access. SydeWyrk reserves the right to modify or discontinue the Platform, including any features therein, at any time with or without notice. Modifications may include, but are not limited to, changes in the pricing structure and the addition, deletion or change of Services. SydeWyrk shall not be liable to you or any third party should it exercise such right. Any new changes or modifications shall be subject to these Terms of Use. Temporary interruption of the services available through this Platform may occur. SydeWyrk has no control over third party networks you may access in the course of the use of this Platform, and therefore, delays and disruption of network transmissions are completely beyond our control. You understand and agree that the Services available on this Platform are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. We are not responsible for the performance of Services by SydeWyrkers, nor do we have control over the quality, timing, provision or failure to provide, or any aspect whatsoever relating to the identification, request, or provision of Services. Services listed within the SydeWyrk Platform are not provided or performed by SydeWyrk, its employees, agents, officers or anyone affiliated with SydeWyrk. In order to use this Platform, you must become a registered User by creating a User Account. Our platform is accessible from a computer or a mobile device.
Registration – In order to access the Services on the Platform, a User is required setup an account and password, which is obtained by completing the SydeWyrk’s online registration form. (“Registration Data”) The User is required to update their Registration Data whenever a change occurs. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. SydeWyrk reserves the right to reject any registration. You must be at least the age of majority in the jurisdiction in which you reside. By providing Registration Data, you signify that you are at least the age of majority and acknowledge that you may not use the Services if you are under the age of majority. You also grant us the right to disclose to third parties certain Registration Data about you. The information SydeWyrk obtains through a User’s Registration Data is subject to the SydeWyrk Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
Service Request – A User may use the Service by logging into the Platform and selecting a Service from the SydeWyrk list of available Services, or building a Custom Job. (a “Request”) The SydeWyrk Platform will specify the price for the Service selected based off job type and size, unless the User builds a custom job, in which the User will specify the price. Once the User selects the Service they will be able to specify specific details including the time frame for completion. The User will also be required to add two photos of the Services to be performed. When making a Service Request the User shall specify a time frame when they want the Service to be performed from our available time frame selection tool. This time frame is used a general guideline for the job and SydeWyrk is not responsible for ensuring these time frames are followed. Our method of allowing how a user chooses the time frame may change at any time without notice. Once a User has submitted a Request, the Users job will be placed into the marketplace. As SydeWyrkers request to be hired, a User will have the opportunity to review the SydeWyrkers profiles and have the option to “accept hire” or “reject hire” of that SydeWyrker presented. If the User rejects the SydeWyrker, then the job will remain open for other SydeWyrker to request hire until a SydeWyrker is hired by the User. When a SydeWyrker has been “hired” by the User and a SydeWyrker has accepted the Request, then the SydeWyrker has the option to text the User through a masked number for the purpose of notifying the User of the User’s arrival time window and to ask questions about the Request. SydeWyrk will have the ability and right to monitor these conversations to ensure there is no breach of the SydeWyrk terms.
Custom Jobs – When a User submits a custom job Request, it is the Users responsiblity to fully explain the job in detail with complete and accurate responsibilities for the hired individual. It is the Users responsiblity to not post a job that could cause danger or is unsafe for any hired parties. SydeWyrk does not take any responsiblity in ensuring jobs are complete and the User should communicate thouroughly with the hired party to complete the job to their complete and accurate Request. Users can post jobs worth $10 to $1,000. Appropriate sales tax and service fees will be added onto the job sub total.
Cancelling Services – A User may cancel a Request without penalty before a SydeWyrker has accepted the Request and is hired. Once a User has hired a SydeWyrker, if the User cancels within 5 hours of when the Service is scheduled to be performed, the User will be charged a $5.00 fee. If the User cancels the Service within an hour of the time when the Service is scheduled to be performed than the User will be charged a $10.00 fee. If the User cancels the Service after the SydeWyrker is in route the User will be charged the full amount of the fee for the Service. Users who cancel Service within an hour of when the Service is to be performed will have such noted on their profile so other SydeWyrkers will be able to see prior cancellation by the User when the User submits a new Request. SydeWyrk reserves the right to remove from the platform any User who in the sole opinion of SydeWyrk has cancelled Services frequently. If a SydeWyrker misses a scheduled Service or arrives 20 minutes past the time frame agreed to when the Service was to be performed than the User may cancel the job without penalty. Users have the opportunity to note on the SydeWyrkers profile any cancellation by the SydeWyrker which will be available to other Users in the future. These fees may or may not be enforced at SydeWyrks discretion on a case by case basis.
Rating of SydeWyrkers – Users will be required to give a 1-5 Star rating of the SydeWyrker once the Service is completed or if the SydeWyrker cancels the Service once accepted. SydeWyrk reserves the right to review the Users rating of a SydeWyrker for accuracy when compared to the Users Service Request. This review will be made available to other Users when a User is reviewing SydeWyrker profiles for another Service Request.
Payment of Fees – When a SydeWyrker has completed a Service, SydeWyrk will allow our third party payment processor to bill the User’s credit card for the full amount of the Service fee, processing fee, and any applicable sales taxes for the county the job was performed. Users agree to provide SydeWyrk with accurate and complete billing information, including valid credit card information, the User’s name, address and telephone number, and to promptly notify SydeWyrk of any changes in such information. If, for any reason, a User’s credit card company refuses to pay the amount billed for the Service, a User agrees that SydeWyrk may, at its option, suspend or terminate a User from use of the Platform and require the User to pay the overdue amount by other means acceptable to SydeWyrk. SydeWyrk may charge a fee for reinstatement of suspended or terminated accounts. In the event legal action is necessary to collect on balances due, Users agree to reimburse SydeWyrk for all expenses incurred to recover the sums due, including attorney fees and other legal expenses.
Payment Processor – Users are required to provide their credit card or bank account details when registering as a User. By doing so, a User authorizes SydeWyrk to provide this information to the third party payment processor (the “Payment Processor”). SydeWyrk uses a third party Payment Processor “Stripe” to handle all transactions, and all billing information is retained by them including, but not limited to, credit card numbers, bank account and routing numbers. SydeWyrkers are required to provide at least the last four digits of their Social Security Numbers to ensure identity through Stripe. SydeWyrk does not store sensitive billing information. Payment processing services for the account holders on SydeWyrk, which are provided by Stripe, are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on SydeWyrk, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SydeWyrk enabling payment processing services through Stripe, you agree to provide SydeWyrk with accurate and complete information about yourself, and you authorize SydeWyrk to share it, and transaction information related to your use of the payment processing services provided by Stripe. The payment processors terms govern your use and interaction with the payment processor. SydeWyrk is not liable for any Users use or access to the payment processor. Under no circumstance does SydeWyrk or our third party partners act of handling payments give us, or them, any responsibility on Services performed.
Changes to SydeWyrk Platform – SydeWyrk may update, add, remove, suspend, or change any content or features of the Platform at any time. These changes may not be brought to your attention and can happen without notice. Third party partners may also make changes to their services at any time without notice and SydeWyrk is not responsible for making you aware of these changes. As we try to keep our Platform up to date, we make no representation that it is, and have no obligation to do so.
Termination – A User may terminate their account with SydeWyrk at any time. At our discretion, we may also terminate any User or SydeWyrker account for any reason not prohibited by law. SydeWyrk may also refuse access to our Platform to any User for any reason not prohibited by law. After termination of account, these terms will remain in full affect regardless of which party initialized the account termination. A SydeWyrker that continually receives ratings and reviews that fall below a standard determined by SydeWyrk with accordance to these terms, will be suspended or terminated from the Platform.
Intermediary – SydeWyrk and our platform is merely a platform to connect individuals looking for help around their property with another individual willing to perform the work. We provide a way for SydeWyrkers to collect payment and a way for Users to pay for Services. In no way does this make us liable or responsible for the performance or quality of any work done by a SydeWyrker. We do not endorse SydeWyrkers, and their performance and customer reviews solely dictate their ratings by Users who have previously employed the SydeWyrker. It is the Users responsibility to review each profile before they hire them and it is under the Users sole discretion whether or not to request Services by a SydeWyrker.
Dispute Resolution – SydeWyrk is simply a Platform to connect SydeWyrkers with Users. When a SydeWyrker is hired by a User, they have entered into a contract between themselves for that Service. If there is a dispute after a provision of Services by a SydeWyrker, the User must try to resolve the dispute with the SydeWyrker by contacting them inside the platform within 24 hours of the completed service. If there is no resolution, the User may contact SydeWyrk at support@sydewyrk.com and we will try to assist in resolving the dispute. As each jobs contract is between User and SydeWyrker, both parties agree to hold SydeWyrk harmless and release us from any and all claims, demands, actual or consequential damages of all kinds, known and unknown, suspected and unsuspected, direct and indirect, disclosed or undisclosed, in connection with any disputes that may arise from such jobs./support@sydewyrk.com
User Dispute and Release – If a dispute arises between a User and a SydeWyrker or any other third party over the Services performed, including personal injury or damage to property, a User’s recourse is solely against the SydeWyrker who performed the Service, and under no circumstances is SydeWyrk liable. You also agree that SydeWyrk has no obligation to become involved with any such dispute that may arise. In such case that a dispute does arise, you release SydeWyrk, its officers, employees, agents, and successors from any demands, requests, claims, legal actions, and damages of all and any sort, known or unknown, disclosed or undisclosed, suspected or unsuspected, arising out of or in any way related to such dispute and our platform or services. You agree to only seek recourse against the SydeWyrker in any event that there is damage to you or your property during any Service, including without limitation to, physical damages, bodily injury, death, emotional distress, or discomfort.
Availability and Malfunction – As SydeWyrk works to improve our Platform; part of or the whole Platform may be temporarily unavailable at any time, for any reason. We do not assume any responsibility for any disruption whatsoever which may include, but not limited to, interruptions in transmissions, communications issues, theft, deletion, alteration, destruction or unauthorized access. SydeWyrk uses a large connection of infrastructure and has no responsibility for any problem or malfunction that may come to from any part of this infrastructure which may include, but not limited to, online systems, servers, providers of services, computers, software, email, or overloading of Internet traffic.
No Guarantee – SydeWyrk and its third party partners make no representations or warranties regarding any content created by us or other parties on our Platform for any Services provided within our Platform. We are not responsible or liable for the accuracy of materials within the Platform. WE MAKE NO WARRANTY OR REPRESENTATION OF ANY SYDEWYRKERS ABILITY, LICENSE, WORKMANSHIP, INTEGRITY, CERTIFICATION, QUALITY OF SERVICE, PROFESSIONALISM, PROOF OF INSURANCE, IDENTIFICATION, OR TIMELINESS. ANY SERVICE PROVIDED TO A USER BY A SYDEWYRKER IS PROVIDED “AS IS” AND SYDEWYRK OFFERS NO WARRANTY ON ANY SERVICE WHATSOEVER. A USERS PURCHASE OF SERVICES THROUGH OUR PLATFORM ENTERS THE USER INTO A CONTRACT FOR SERVICES FROM THE SYDEWYRKER AND WE HAVE NO RESPONSIBILITY OR MAKE ANY REPRESENTATION CONCERNING THE SERVICES PERFORMED. WE DO NOT GUARANTEE THAT THE SYDEWYRKER HOLDS THE PROPER LICENSE, INSURANCE, WORKERS COMPENSATION, OR MAINTAINS SUCH UP TO DATE. SYDEWYRK DISCLAIMS ANY GUARANTEES WHETHER WRITTEN, EXPRESSED, OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR MERCHANTABILITY. SYDEWYRK DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM AND CANNOT GUARANTEE THE SUCCESSFUL COMPLETION OF ANY JOB REQUESTED BY A USER. USERS SHOULD ALWAYS EXERCISE CAUTION AND USE PROPER PRECAUTIONS WHEN USING THIS PLATFORM, AS WE CANNOT GUARANTEE THAT THE PLATFORM IS ERROR FREE, COMPLETE, RELIABLE, AND FREE OF VIRUSES OR OTHER HARMFUL IDENTITIES. IT IS THE USERS RESPONSIBILITY TO HAVE PROFESSIONALLY INSTALLED VIRUS SOFTWARE ON THEIR DEVICE TO DETECT AND WIPE CLEAN ANY POTENTIAL SECURITY RISKS. THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. SYDEWYRK MAY MAKE CHANGES TO THE SERVICES LISTED ON THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED AT ANY TIME WITHOUT NOTICE. THE SERVICES LISTED ON THE SITE MAY BE OUT OF DATE, AND SYDEWYRK MAKES NO COMMITMENT TO UPDATE SUCH SERVICES.
Limitation on Liability – TO THE FULLEST EXTENT ALLOWABLE BY GOVERNING LAW, UNDER NO CIRCUMSTANCES OR LEGAL THEORIES, WILL SYDEWYRK, ITS MEMBERS, PARTNERS, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, OR LICENSORS, BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER INDIRECT, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, INCLUDING DAMAGES FOR LOSS PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PERSONAL INJURY, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, AND WHETHER CAUSE BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY MATTER BEYOND OUR REASONABLE CONTROL. THE AGGREGATE LIABILITY OF SYDEWYRK, ITS MEMBERS, PARTNERS, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, OR LICENSORS TO A USER OR SYDEWYRKER FOR ANY AND ALL CLAIMS ARISING FROM USING OR INABILITY TO USE ANY PART OF THE SYDEWYRK PLATFORM OR ANY PART HEREIN THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED UNDER GOVERNING LAW, SHALL BE LIMITED TO $100. IN THE EVENT THAT YOUR STATE DOES NOT ALLOW EXCLUSION OR LIMITATIONS OF SPECIFIC DAMAGES, THE ABOVE MAY NOT APPLY TO YOU. THESE PROVISIONS OF LIMITATION ARE MEANT TO ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE AND IS AN IMPORTANT PART OF THE POTENTIAL GAINS BETWEEN BOTH PARTIES. EACH PROVISION IS SEVERABLE FROM ONE ANOTHER AND CONSIDERED INDEPENDENT.
No Agency – SydeWyrk, Users, and SydeWyrkers, are independent contractors and this agreement or use of our Platform does not form any type of partnership, employment, joint venture, subcontractor, contractor, or agency. SydeWyrk does not form any such relationship with any persons using our Platform.
Privacy – SydeWyrk takes your privacy very seriously and it is required that you review our Privacy Policy which can be found here
Governing Law; Venue and Jurisdiction – Any claim arising out of or in connection with this Agreement will be resolved by binding Arbitration under the rules of the American Arbitration Association. The Arbitration will take place in Toledo, Lucas County Ohio. Except for claims settled by Arbitration, this agreement is governed and interpreted by the laws of the State of Ohio, of The United States of America, for any dispute of any sort that may arise between a User/SydeWyrker and SydeWyrk. All Users agree the exclusive personal jurisdiction and venue in Lucas County Common Pleas Court with respect to any dispute.
Dispute Resolution and Arbitration – Any disputes a User has with SydeWyrk must first be brought to our attention by e-mailing us at support@sydewyrk.com with a full description of the matter in dispute. We will attempt to resolve any disputes as efficiently and quickly as possible. If your dispute is not resolved within 30 days of bringing it to our attention, you agree to resolve any claims through binding arbitration. In order to settle any claims in connection with this agreement in the fastest and most cost effective manner, you agree that any claims that are not settled informally, will be decided by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. This arbitration will by commenced and conducted under the rules of the American Arbitration Association (“AAA”). These rules can be found at the AAA website www.adr.org. The arbitration will be held in Lucas County, Ohio. BY ENTERING INTO THIS AGREEMENT, YOU AND SYDEWYRK BOTH AGREE THAT ALL CLAIMS AND DISPUTES MUST BE RESOLVED UNDER THESE TERMS, IN WHICH YOU WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT WITH A TRIAL BY JURY OR IN FRONT OF A JUDGE, OR CLASS ACTION, OR REPRESENTATIVE BASIS. Furthermore, the arbitrator may not consolidate more than one person’s claims, preside over any class or other form of representative proceeding, to the fullest extent permitted under applicable law. /support@sydewyrk.com
Statute of Limitations – By agreeing to these terms, you accept that any claim under the agreement must be acted upon within one year of the act that caused the claim.
Exceptions – You and SydeWyrk agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) to file suit in a court of law to protect intellectual property from an infringement claim; (2) any disputes arising from, piracy, unauthorized use, theft allegations, or breach of privacy; and (3) seek claim for injunctive relief.
Indemnity – To the fullest extent allowed by applicable law, you agree to defend, indemnify, and hold harmless SydeWyrk, its members, partners, officers, agents, directors, employees, affiliates, service providers, licensors, contractors, and successors from and against any and all loss, liability, claim, damages (actual and consequential), costs and expenses, including attorney’s fees, arising out of or in any way related to your use or conduct in connection with the Platform, or any violation of these terms, any applicable law, or any action by a third party.
Electronic Communications – When registering for an account or contacting us you are communicating with us electronically. This agreement gives us consent to communicate to you electronically and will do so by the email address you provide through signing up for a user account. We may also communicate through postings on our Platform. By accepting these terms you agree that any agreements, notices, disclosures, or any other communications that are provided electronically fully satisfy any such legal requirement that says these communications be in writing.
Mobile Phone Use – By providing your phone number during User account registration, you agree that we may contact you for any reason relevant to our Platform. You also agree that SydeWyrkers may contact you through a masked number for reasons relevant to an accepted Service. You agree that you may not request the SydeWyrkers real phone number and by doing so is a breach of the terms of this Agreement and may result in the termination of a User’s access to the Platform. You understand and acknowledge that by using the Platform and receiving mobile communications, that standard charges from your wireless carrier may apply.
Proxy for Masked Calling and Messaging – SydeWyrk uses a third party service called Twilio to proxy communications between Users and SydeWyrkers. This ensures privacy when communicating between parties during a job while giving you the convenience of seamless communication through text messaging and voice calling. While using this managed proxy service, Users and SydeWyrkers are not communicating directly to each other but rather through this proxy service and all conversations are recorded by SydeWyrk and the service provider. By agreeing to these Terms of Use, you understand and acknowledge that SydeWyrk has the right to review any and all conversations when using the Platform. If your phone number changes while having an account with SydeWyrk, it is your responsibility to update that phone number to ensure these proxy messages intended for you, will be sent to a number under your control. When agreeing to these Terms of Use, you are also agreeing to Twilio’s Terms of Service which you are encouraged to review and can be found at
Google Services – When using the SydeWyrk Platform you will access Google’s Map Service for location based activities. By using the Platform, accessing the Google Maps Service, and agreeing to these Terms of Use, you are explicitly agreeing to be bound by the Google Maps/Google Earth Additional Terms of Service and Google’s Privacy Policy.
Notice Regarding Apple – You and SydeWyrk acknowledge that these terms are concluded between you and SydeWyrk only, and not with Apple. Apple is not responsible for any part of the application or site, or any content within. The application license is granted to you on a non-transferable license to use our application on any Apple-branded product that you may own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple has no responsibility for any warranties related to this application. If the application fails to conform to any applicable warrant, you may notify Apple, and Apple will refund the purchase price, if any, of the application from the App Store, to you. SydeWyrk, not Apple, is responsible for addressing any claims you or any third party may have in relation to the application. In the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, SydeWyrk, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties. Any complaints or claims with respect to the application should be directed to support@sydewyrk.com, not Apple. You must comply with applicable third party terms of agreement when using this application. You agree that Apple, and Apple’s subsidiaries are third party beneficiaries of this agreement, and that, upon your acceptance of these terms, Apple has the right to enforce these terms against you as a third party beneficiary thereof. By accepting these terms, you acknowledge and agree to all and every statement listed above./support@sydewyrk.com
Merger or Acquisition – In the case that SydeWyrk is acquired or transferred as part of a merger, acquisition, or other change of control, you acknowledge and agree that the succeeding entity will maintain the rights under these terms and that your personal information from your account and this platform will be transferred in this transaction.
Assignment – This agreement may not be assigned or transferred by you to any other User, individual, or company without written consent by SydeWyrk.
Interpretation – Headings and captions appearing in this Agreement are for convenience only. In no way whatsoever, do they limit, amplify, modify, or otherwise affect these terms or provisions of this agreement. Words that may insinuate gender should remain neutral and include all persons. Any singular word includes the plural as well. “Or” is not used exclusively while the word “including” is not to be limiting. When “you” or “we” are used, it will mean an individual, partnership, corporation, or any other entity and vice versa.
SydeWyrkers – In addition to The Terms of Use above, the following terms and conditions are applicable to those who sign up to become a SydeWyrker. Whether or not you initially sign up as a User or a SydeWyrker, by registering as a SydeWyrker, you signify that you have read, understand and agree to be bound by these additional Terms of Use in all respects.
IT IS ADVISED THAT YOU READ THESE ADDITIONAL TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS A SYDEWYRKER. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE TERMS OF USE, OR ANY CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO WITHDRAW AS A SYDEWYRKER AND USER. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMPLETION OF YOUR REGISTRATION AS A USER OR SYDEWYRKER AND BEING ACCEPTED AS SUCH BY SYDEWYRK.
Equipment for Services – As a SydeWyrker you are solely responsible for providing, at your own expense, all equipment necessary to provide the Service Requested by a User as well as materials necessary to perform the Service and such equipment necessary to use the Platform, including a mobile device, computer and your own Internet access. SydeWyrk is not responsible for reimbursing you for any tools, materials, costs or expenses that you may incur while using our Platform. SydeWyrk warrants no responsibility for your equipment maintenance, malfunction, or failure whether before, during, or after a job you performed through the Platform. It is the SydeWyrkers responsibility to maintain, at your own expense, all necessary equipment you deem necessary to complete any and all jobs your Request Hire for on the Platform.
Registration – In order to become a SydeWyrker, an individual must complete a SydeWyrker online registration. (“Registration”) SydeWyrkers are required to update their Registration whenever a change occurs. By registering, you agree that all information provided in the Registration is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. SydeWyrk reserves the right to reject any Registration. By Registering, you signify that you are at least the age of majority. You also grant SydeWyrk the right to disclose to third parties and Users certain information about you. By registering as a SydeWyrker, you give us consent to conduct background checks and criminal record checks on you from time to time, without notice. The information SydeWyrk obtains through a SydeWyrkers Registration is subject to the SydeWyrk Privacy Policy, which is specifically incorporated by reference into these Terms of Use. When the Registration has been completed and you are approved by SydeWyrk as a SydeWyrker, you will be eligible to be hired by Users to perform those Services for which a SydeWyrker has the ability to perform.
App/Mobile Phone Use – By providing your phone number during User account registration, you agree that we may contact you for any reason related to SydeWyrk. You also agree that when contacting a User through our masked messaging service, that you only communicate about reasons related to an accepted Service, and never try to circumvent the Platform. You agree that you may not disclose your phone number to a User and by doing so is a breach of the terms of this Agreement and my result in the termination of your access to the Platform. You understand and acknowledge that by using the Platform and receiving mobile communications, that standard charges from your wireless carrier may apply.
Standard of Service – In order to maintain a high standard for the SydeWyrk platform, it is required, and you agree to always perform at your highest level of ability and professionalism for any and all services. This includes arriving on time with all required equipment to complete the job, treat all User’s property with respect, be professional and courteous to all individuals you may encounter while performing the Service, and utilize all safety precautions necessary. You agree to always perform Services yourself and never assign a Service to a third party or circumvent the Platform in any way. If you cannot perform the Service, you must cancel the Service, as set forth in “Cancellation by SydeWyrker” below.
Representation – As a SydeWyrker, you are responsible for obtaining any necessary qualifications, training, licensing, or education to complete any Services for which you indicate you can perform. You must have adequate experience in each Service you agree to perform. You are responsible for any damages resulting from your negligent performance of Services including but not limited to any property damage and personal injury. You must comply with all applicable local and state laws and regulations at all times applicable to the Services you are performing. If you ever feel unsafe during a Service job, you must cancel the job and contact customer support immediately to explain the circumstance. YOU ACKNOWLEDGE AND AGREE THAT SYDEWYRK IS NOT LIABLE FOR ANY INJURY OR DAMAGE THAT MAY OCCUR BEFORE, DURING, OR AFTER A SERVICE. SYDEWYRK WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIM, DAMAGE, OR INJURY WHETHER BY A USER OR SYDEWYRKER RESULTING FROM A PAST, PRESENT, OR FUTURE SERVICE.
Insurance – As a condition of being a SydeWyrker on the Platform, you acknowledge and warrant that you have acquired and are in good standing with all necessary insurance. You agree that it is your responsibility to maintain these insurances which may include, but are not limited to, workers’ compensation, liability with SydeWyrk as an additional insured, unemployment, and any other such policies with limits sufficient to cover and indemnify SydeWyrk, its partners, officers, agents, directors, employees, affiliates, service providers, and licensors.
Accepting Services – Upon a SydeWyrker requesting hire for a Service, the posting User may accept the requested hire or reject the requested hire. If you are hired for the Requested Service than you will be provided with a masked text number to contact the User for the purpose of advising the User of your proposed arrival time and to ask any questions concerning the Requested Service.
Agreement with User – A SydeWyrkers contract for the performance of the Service is with the User, not with SydeWyrk. SydeWyrk reserves the right to have another SydeWyrker complete the Service if SydeWyrk determines, in its sole discretion, that a SydeWyrker is unable to perform the Service requested by the User. You understand that User’s will be given information about you including your name, photo, five star rating, and previous job reviews and photos.
Cancellation by User – Once the User hires a SydeWyrker and then cancels the Services the User may be assessed a penalty by SydeWyrk and you will be notified of the cancellation. SydeWyrk will retain the penalty. However, if the SydeWyrker is in route to the Users’ location to perform the Service the full charge for the Service will be assessed against the User and such may be paid to the SydeWyrker if SydeWyrk determines User misuse, minus any fees retained by SydeWyrk. If a User cancels a Service it will be noted on their profile and such will be available to SydeWyrkers when deciding if a SydeWyrker wants to Request Hire for a Service Request in the future from the User.
SydeWyrker’s Responsibilities – When accepting a Service Request, it is your responsibility to review what is required by you the SydeWyrker, as well as the User, based upon the job category. Each job category has a list of responsibilities for both the User and the SydeWyrker. If you cannot satisfy these responsibilities, you must not accept the job. When you accept the Service Request, you agree you are ready, willing, and able to satisfy all requirements and provide professional quality performance to complete the Service in the required amount of time.
Cancellation by SydeWyrker – To maintain the integrity of the platform and your credibility as a SydeWyrker, it is strongly advised that you never cancel an accepted service request unless absolutely necessary. Since we cannot guarantee another SydeWyrker will select and complete a job any cancellation or failure to show up to a Service Request will negatively impact your rating in your profile. If you cancel (3) or more service requests within a month’s time, or we determine in our sole discretion that you are regularly cancelling accepted Service Requests, we reserve the right to suspend or terminate you as a SydeWyrker. When you cancel an accepted Service Request, you may be charged a fee that will be used to entice another SydeWyrker to pick up that Service Request to maintain the satisfaction of the requesting User. If you have not shown up to the Service Address 15 minutes past the posted time frame for a service, it is considered a cancellation.
Fees & Payment Terms SydeWyrk’s third party payment processor will collect and process all fees and transactions for Services performed. You agree not to impose any other fees. Attempts to negotiate payment or to obtain payment in any form from the User for the Service provided is a violation of this Agreement and are grounds for your termination by SydeWyrk as a SydeWyrker.
SydeWyrk sets all fees for Services, which you acknowledge and agree to be your sole compensation, minus any fees retained by SydeWyrk, for Services you provide to a User. We reserve the right, in our sole discretion, to change the SydeWyrk fees for any Service from time to time without notice to you.
Platform Fees – SydeWyrk will charge a platform fee (the “Platform Fee”), which shall be a percentage of the total fee for the Requested Service, such percentage will be determined in SydeWyrk’s sole discretion. Our payment processor will deduct the Platform fee automatically from the payment they deposit into the SydeWyrker’s account. If we choose to change, increase, decrease, or remove the Platform fee, we will communicate this to you by E-mail.
Payment Processing Fee – You acknowledge and agree that the Payment Processor may apply a fee, which can be deducted from the payment to you along with the Platform Fee. The processing fee may change without notice to you from time to time, subject to the contract between the Payment Processor and SydeWyrk.
Dispute over Service – You understand and agree that if a User makes a complaint to SydeWyrk concerning your Services or lack thereof, SydeWyrk reserves the right to withhold some or the entire fee until the complaint has been resolved between you and the User, deemed appropriate by SydeWyrk.
Obligation to Withhold Taxes – You acknowledge and agree that you are responsible for complying with income tax, sales tax and other applicable taxes on any payments you receive through SydeWyrk for Services performed for a User. Further, you will be solely responsible for the timely payment of such tax and any interest or penalties. It is not the responsibility of SydeWyrk to prepare a 1099-MISC for you. If you receive more than $20,000 in payments during a calendar year, you will be provided with a Form 1099-K. All SydeWyrkers will be able to access an overview of completed jobs and payments within their profile on the Platform. SydeWyrk may charge sales tax to the User for any applicable job. SydeWyrk is not responsible or liable for any taxes incurred from services provided by SydeWyrkers excluding the income of SydeWyrk. If sales tax is not collected in the transaction, and it is deemed necessary at a later time, you will be responsible for covering all applicable taxes. It is your responsibility to pay all applicable federal, state, and local taxes resulting from your provision of Services. If it is determined that we should have withheld and/or paid any such taxes in which we did not withhold or pay, you must repay us or the requesting authority and hold SydeWyrk harmless to any resulting penalties or interest.
Non-Circumvention – You agree that for one year after performing or completing a Service for a User, you will not perform any Service for that User except through SydeWyrk.
Step In – In the event your provision of services falls below the standard of service, professionalism, and high quality of work required for the SydeWyrk Platform, we have the right to assign your job to another SydeWyrker to step in and complete the job. In this case, you agree that the SydeWyrker, who stepped in and completed the job, has the right to the payment for the services instead of you.
No Guarantee – SydeWyrk makes no guarantee regarding the availability of work for a SydeWyrker, payment from Users, or income from the Services. With any and all jobs performed through our Platform, we cannot guarantee the safety of a SydeWyrker and advise the SydeWyrker to only perform jobs they feel comfortable doing and always use safe practices on location of the job and when traveling to and from. We do not guarantee that any SydeWyrker or User holds the appropriate or necessary authorizations, permits, training, or insurance, and advise both parties that it is their responsibility to ensure they are covered and up to date at all times while using the Platform.
No Employment – SydeWyrkers acknowledge and agree that no employment, joint venture, partnership, or agency relationship exists between a SydeWyrker and SydeWyrk as a result of this Agreement or use of the Platform or Services. All SydeWyrkers are independent contractors.
Entire Agreement – The terms above and our Privacy Policy constitute the sole and entire agreement between you and SydeWyrk regarding the use of our platform, and they supersede all and any prior agreements, understandings, and representations with respect to your use and relationship with our platform. If any provision made in these terms are considered to be invalid, void, out of date, unenforceable, or unlawful, that provision will be deemed severable from the rest of the agreement, which will continue in effect. Failure to enforce any provision in these terms by SydeWyrk does not constitute a waiver of such provision in any instance.
PROCEEDING WITH REGISTRATION AND USE OF ANY PART OF THE SYDEWYRK PLATFORM, ACKNOWLEDGES THAT I HAVE READ AND UNDERSTAND THE ABOVE TERMS OF USE AS WELL AS THE PRIVACY POLICY AND AM LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN ABOVE AGREEMENT.