Additional Terms of Use for Service Providers

Effective: December 26th 2023

If you are interested in posting services that you will provide for hire on the Platform, please review these Additional Terms of Use for Service Providers in addition to the general Terms of Use (which define terms used below) posted here. By posting your skills or a service on the Platform, you also accept and agree to be bound and abide by these Additional Terms of Use for Service Providers. If you do not agree to these Additional Terms of Use for Service Providers, do not post your skills or a service on the Platform.

Account

Users may view services listed on the Platform (“Services”) without an account. However, in order to post a Service on the Platform, a user must create an account on the Platform by entering a valid email address, the user’s full legal name (first and last), phone number, and password, or by logging in to the Platform using their Facebook, Twitter or Google login information. Once the Platform account is created you must add your full name and address, or grant us access to your Facebook or Google account with this information. We recommend also adding additional optional information about yourself to personalize your profile and describe your particular skills and Services.

All accounts are publicly available to anyone using the Platform, whether or not they are registered. Further, you understand that by uploading any content to the Platform you are granting the Company a license to use the content in accordance with the Terms of Use, warrant that you have the necessary rights to display the content, and understand that you are responsible for any third-party infringement claims.

By creating an account on the Platform, you consent to being contacted by the Company and/or any user for any and all purposes related to the Platform through the messaging service on the Platform. Other users will be able to view the public information on your account, including your location if you tag it, but will not be able to view your contact information, such as email address, phone number, or specific address, until they sign up for a Service. If you receive any communications from a user that are unrelated to the Services, please contact the Company and appropriate action will be taken at the discretion of the Company.

You may terminate your account at any time using the Delete Account feature on the Platform or by emailing legal@plural.com. Removal of your information from the Platform is governed by our Privacy Policy.

Posting Services

The Platform is designed to give Service Providers a way to market their skills and services. Once you create an account on the Platform, you may create a Service listing on the Platform if 1) you have the experience, qualifications, and licensing, if necessary, to competently perform the Service, and 2) you are able to perform the Service at the time listed or within a reasonable time mutually agreed upon with the purchaser. We recommend all Service listings to include:

Description of Services to be provided
Location or region where Services can be provided, if applicable
Date that Services must be performed, if applicable
Any restrictions on providing the Services, such as time, age, or location restrictions
Cost of the Services, either on an hourly, monthly, or flat rate basis
Any exclusions from the cost, such as expenses that are not included in the cost

Services offered should not be or include activities that are illegal, harmful, defamatory, or objectionable, and the Company reserves the right to cancel any posting at any time for any reason. If you post a Service that is objectionable or the Company chooses to cancel in its sole discretion, you understand that the Company may also cancel your account and prohibit you from accessing or using the Platform in the future.

All scheduling of Services must be done directly with the customer who purchased the Service. The Company does not control or have any involvement in scheduling the Services.

Fees and Payment to Service Providers

Payment processing services on the Platform are provided by Stripe and 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 of Use or continuing to operate as a Service Provider on the Platform, 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 this Platform enabling payment processing services through Stripe, you agree to provide the Platform accurate and complete information about you and your business, and you authorize the Platform to share it and transaction information related to your use of the payment processing services provided by Stripe.

The Company reserves the right to retain between 0% and 10% of the purchase price charged by the Service Provider as a service fee. The remainder of the amount charged by the Service Provider for the Service shall be automatically deposited into the bank account of the Service Provider, unless a refund is owed (see Cancellations and Refunds below).

The Company reserves the right to modify its fee structure at any time and without advanced notice. Temporary or permanent modifications are effective as soon as they are published on the Platform and are applicable to all subsequent transactions. In the case of temporary modifications, the duration of the changes will be clearly indicated on the Platform.

Taxes

You are solely liable for all of the taxes, fees, and commissions resulting from use of the Platform. These Terms of Use do not create a joint venture, partnership, or principal-agent relationship between you and the Company, or any other users, and nothing in these Terms of Use may be used to imply such a relationship. You agree to indemnify, defend, and hold the Company harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, labor, or employment requirements, including any liability for, or assessment of taxes imposed on the Company by the relevant taxing authorities with respect to any fees paid to you as the result of using the Platform.

Cancellations and Refunds

You are responsible for personally providing any Service that you post on the Platform. If you need to cancel, you must contact the customer who purchased the Service prior to the Service Provider’s completion of the Service to attempt to reschedule the Services. If you are able to mutually agree to reschedule or extend the Services, no refund will be given to the customer. If you are not able to reschedule or extend the Services, or do not complete the Service, the Service Provider is responsible to refunded his or her payment in full, and you will be charged between 5% and 10% of your posted purchase price charged to the customer for the Service as a Cancellation Fee. This Cancellation Fee which will be deducted from your next payout.

Intellectual Property Rights and Ownership

Upon the Service Provider’s receipt of full payment from the customer, any work product produced by the Service Provider for the customer as part of the Services (“Work Product”), including without limitation all intellectual property rights in the Work Product, will be the sole and exclusive property of the customer. If the Service Provider wishes to retain any intellectual property rights in the Work Product produced as part of the Services, the Service Provider is solely responsible for entering into a separate agreement with the customer to retain such rights. Except as set forth above, the Service Provider retains no rights to use, and will not challenge the validity of customer’s ownership in, such intellectual property or other ownership rights in the Work Product. The Service Provider hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.

The Company recommends that all Service Providers enter into a separate agreement with customers regarding intellectual property and other rights to the Work Product to ensure that all ownership and use rights are clearly delineated for the specific type of Work Product being produced. In the event of a conflict between these Terms of Use and a separate agreement between the Service Provider and the customer related to intellectual property or other ownership rights, the separate agreement shall control.

Independent Contractor

All users acknowledge that the Company does not supervise, direct, or control any Service Providers’ work in any way. The Company does not decide whether Service Providers post their Services, agree to provide Services to another user, how they perform the Services, hours worked, location of work, or any other aspect of the Service Providers’ work. The Company only provides a passive platform to connect Service Providers and customers, and exercises no control over its users’ work.

The Services are not an employment service and the Company does not serve as an employer of any user. As such, the Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security, or payroll withholding tax in connection with your use of the Platform. All Service Providers are independent contractors who are responsible for paying all necessary taxes on any money made as a result of the Services.

You agree to indemnify, hold harmless, and defend the Company from any and all claims that a Service Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency, or other body that a Service Provider was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that the Company was an employer or joint employer of a Service Provider, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment, or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.

Confidentiality

To the extent a customer or Service Provider provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Service Providers Services (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Service Provider); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Service Provider Services. A disclosure of information will be immune from prosecution or civil action under the Defend Trade Secrets Act, 18 U.S.C. section 1832, if it: (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

If and when Confidential Information is no longer needed for the performance of the Service Providers Services for a Services contract or at customer’s or Service Provider’s written request (which may be made at any time at customer’s or Service Provider’s sole discretion), the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.

Without limiting this agreements Confidentiality section, customer, Service Provider, and the Platform will not publish, or cause to be published, any other party’s Confidential Information or Work Product, except as may be necessary for performance of Service Providers Services for the Services.

Disclaimer

YOU UNDERSTAND THAT THE COMPANY DOES NOT SCREEN, VERIFY, OR PERFORM BACKGROUND CHECKS ON ANY USERS OF THE PLATFORM, AND THEREFORE YOUR USE OF THE PLATFORM TO POST AND PROVIDE SERVICES IS VOLUNTARY AND AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR DETERMINING THE IDENTITY AND SUITABILITY OF USERS WHO YOU MAKE CONTACT WITH VIA THE PLATFORM. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH OTHER USERS. THE COMPANY SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR COMMUNICATIONS, RELATIONSHIPS, OR PARTICIPATION WITH OTHER USERS, WHETHER OR NOT THEY ARE CONNECTED TO THE COMPANY AND/OR THE PLATFORM. IF YOU FEEL UNSAFE OR HAVE AN EMERGENCY SITUATION WHILE PERFORMING OR OTHERWISE CONNECTED TO A SERVICE, CONTACT LOCAL EMERGENCY SERVICES (DIAL 911) IMMEDIATELY. DO NOT EVER CONTACT THE COMPANY IN AN EMERGENCY SITUATION.

Feedback and Reviews

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you or other users may send to the Company (“Feedback”), including responses to questionnaires or through postings to the Platform, without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Platform. Furthermore, by posting any Feedback on the Platform, submitting Feedback to the Company, or in responding to questionnaires, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license, including the right to sublicense such right, and right to display, use, reproduce, or modify the Feedback submitted in any media of any kind now existing or developed in the future.

The Company may delete reviews with false or inaccurate information, or reviews that violate any of our terms of use, at any time and at the sole discretion of the Company.

If you have any questions, please contact legal@plural.com.