PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING TO ACCEPT OR AGREE TO THE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO THESE TERMS AND CONDITIONS.
SWIFTPAY TERMS AND CONDITIONS
HiredHelpr LLC (“HiredHelpr”, “we” “our” or “us”) offers eligible vendors an optional quick pay feature through its SwiftPay services (“SwiftPay”). Through our website hiredhelpr.com and mobile applications (the “Websites”), authorized and eligible service providers, such as vendors (“you” or “Professional”), can opt-in to SwiftPay. These SwiftPay Terms and Conditions (“Terms”) govern your use of SwiftPay and how you receive payments from us. By participating in SwiftPay, you agree to be bound by these Terms.
SwiftPay
SwiftPay allows Professionals to receive payment for their services within three (3) business days of HiredHelpr approving a submitted job.
To enroll in SwiftPay, you must:
- Opt-in to SwiftPay when the option is presented to you on the Websites; and
- Agree to these Terms.
Enrollment in SwiftPay will begin on the date that you opt-in and agree to these Terms. Participation in SwiftPay is subject to ongoing eligibility requirements – see “Eligibility Requirements” below for more.
Through SwiftPay, HiredHelpr will pay you for your job(s) submitted by you and which we have approved (“Jobs”), less the SwiftPay Charge (defined below), within three (3) business days.
Charges
Payment for your services through SwiftPay will be subject to the following service fee, which is expressed as a percentage of your total Job price (the “SwiftPay Charge”). The applicable Service Charge is based on the type of services you provide:
| Service Provider Category | SwiftPay Charge |
| Pool Vendors | 3.9% |
Changes to SwiftPay Charge
We reserve the right to change the SwiftPay Charge in any manner and at any time as we may determine in our sole and absolute discretion. SwiftPayPlease see “Changes to These Terms and Conditions” below for additional information.
Jobs Completed Prior to Enrollment in SwiftPay
When you are presented with the option to enroll in SwiftPay, you may be due one or more payments for completed Jobs (“Outstanding Payment”). Your enrollment in SwiftPay and your Outstanding Payment will be handled as follows:
- If you enroll in SwiftPay on the 1st or the 15th of the month, any Outstanding Payment(s) due to you will be paid in 5-7 business days and will be assessed the SwiftPay Charge; or
- If you enroll in SwiftPay on any day other than the 1st or the 15th of the month:
- Outstanding Payments due to you within 14 business days of enrollment will be paid in the ordinary course; and
- Outstanding Payments due to you outside 14 business days of enrollment will be paid in 5-7 business days and will be assessed the SwiftPay Charge.
Eligibility Requirements
Throughout your participation in SwiftPay, you must satisfy the performance standards set forth below (“Performance Standards”). The Performance Standards are measured weekly, beginning on Monday and ending on Sunday. If during any six (6) month period, you fail to meet any Performance Standard during any week for three (3) or more weeks, then HiredHelpr may immediately terminate your participation in SwiftPay upon written notice to you. If HiredHelpr terminates your participation in SwiftPay, payment for Jobs will revert to standard payment terms. We reserve the right to add new Performance Standards or to change existing Performance Standards in any manner and at any time as we may determine in our sole and absolute discretion. Please see “Changes to These Terms and Conditions” below for additional information.
| Criteria | Performance Standard |
| Response Time | Your average response time to emails, portal messages, texts and calls must be less than 24 hours. |
| Weekly Fulfillment | You must complete 97% of Jobs assigned to you within one (1) week of Job approval. A Job is “unable to service” if the inability to service the job is solely caused by the client/resident (e.g. client cancels the Job, a resident’s gate is locked). Jobs deemed by HiredHelpr to be “unable to service” will be considered completed for the applicable week. |
| Time to Complete Jobs | Your average time to complete Jobs must be less than six (6) calendar days as measured from the date of Job approval. |
Opt-Out of SwiftPay
You can cancel or opt-out of SwiftPay sixty (60) days after enrollment. Sixty (60) days after enrollment into SwiftPay, you will be presented with an option to cancel enrollment or opt-out of SwiftPay. If you choose to cancel or opt-out of SwiftPay, payments for Jobs will revert to standard payment terms. You may cancel or opt-out of SwiftPay after the sixty (60) days by contacting us at support+swiftpay@hiredhelpr.com or updating your preferences on the Websites.
Use of the Websites
Use and access of the Websites is governed by the Terms of Service.
Changes to These Terms and Conditions
We reserve the right to change these Terms, including, without limitation, changes to any SwiftPay Charge or to add or change any Performance Standards, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided in these Terms, any change to the Terms will take effect following written notice to you. Your continued participation in SwiftPay will constitute your binding acceptance of the changes and your consideration supporting any changes.
Termination; No Obligation to Continue SwiftPay
We reserve the right to suspend or terminate any Professional’s participation in SwiftPay for any reason, including, without limitation, a Professional’s failure to maintain Performance Standards or breach of these Terms or the Website Terms of Service, in each case, effective upon our written notice to you. HiredHelpr is under no obligation to continue to make SwiftPay available to you or any Professional, and may discontinue SwiftPay at any time, for any or no reason, upon written notice and without any liability or further obligation. If your participation in SwiftPay is suspended or terminated, or if we discontinue SwiftPay, payments for Jobs will revert to standard payment terms.
NO WARRANTY; DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF SWIFTPAY IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND HIREDHELPR DISCLAIMS) ANY AND ALL HARM, LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF SWIFTPAY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIFTPAY IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND HIREDHELPR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SWIFTPAY, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE) INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, TITLE, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND SWIFTPAY DOES NOT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF SWIFTPAY.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIREDHELPR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL HIREDHELPR, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUBSIDIARIES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, PERSONAL INJURY, DAMAGE TO ANY PERSONAL PROPERTY OR DAMAGE TO REAL PROPERTY ARISING UNDER THESE TERMS OR OTHERWISE, OR ANY INCIDENTAL, SPECIAL, INDIRECT,CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE SWIFTPAY, THE DELETION, FAILURE TO STORE, ACCIDENTAL DISCLOSURE, LOSS, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, THE LEGALITY OF CONTENT OR INFORMATION OR MATERIAL PROVIDED THROUGH SWIFTPAY HOWEVER CAUSED REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BY BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, CONTRIBUTION, INDEMNIFICATION OR OTHERWISE) AND EVEN IF HIREDHELPR, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUBSIDIARIES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HIREDHELPR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) EXCEED THE SWIFTPAY CHARGES ASSESSED BY HIREDHELPR TO YOUR PAYMENTS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST HIREDHELPR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Jurisdiction and Applicable Law
All matters relating to SwiftPay and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Texas, and you irrevocably consent to the jurisdiction of the federal and state courts located in Texas for any action arising out of or relating to these Terms, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Severability
If any part of these Terms is declared or found to be illegal, invalid or unenforceable, then that part will be stricken or modified to the extent necessary to make it legal, valid, and enforceable while preserving the parties’ original intent to the maximum extent possible. The remaining parts of these Terms will remain in full force and will not be affected.
Waiver
Failure by HiredHelpr to enforce any provision of these Terms will not constitute a waiver of any future enforcement of that or any other provision of these Terms. No waiver will be effective against us unless in writing and signed by an authorized representative of HiredHelpr.
How to Contact Us
If you have any questions or comments about these Terms or SwiftPay, please contact us by emailing us at: support+swiftpay@hiredhelpr.com.