MSP Terms of Service v12.01
Porch Moving Group
Terms of Service for Moving Pros
Effective date: March 22, 2022
You are also subject to any Additional Terms for specific programs for Moving Pros in which you participate. For example, if you are a Moving Services Professional participating in the PMG Managed Moving Services program, the Additional Terms for Moving Service Professionals and Managed Policies will also apply to you with respect to the work you do through the Managed Moving Services program.
- Qualification, Licenses and Insurance.
If you solicit, accept or perform work through the Services, you agree that:
- You will claim service requests for, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work;
- You will have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding if and as required by applicable authorities for any work you accept or perform;
- You will maintain or ensure maintenance of all equipment used to perform the Services (the "Equipment"), ensure that all Equipment has valid plates, permits, licenses, fuel tax receipts, or anything else lawfully required, and shall keep and maintain or ensure maintenance and retention of all records as required by applicable law, including but not limited to, records of all drivers, logs, and vehicle maintenance reports;
- You will obtain and maintain professional liability, workers' compensation, automobile liability and cargo insurance in an amount equal to or greater than required by applicable law, all providing coverage on a per occurrence basis, and you will only hire employees or utilize subcontractors (together, "Personnel") who are similarly insured;
- You are able to produce copies of any license and insurance information that is required by law.
- You are free and authorized to advertise and provide or arrange Services without violating the terms of any agreement(s) to which you are a party; and
- You will not represent that you are an employee or agent of PMG.
If your participation in any PMG Service requires commercial liability insurance, you must list "Porch Group, Inc. and its direct and indirect subsidiaries" with an address of "2200 1st Ave S, Seattle, WA 98134" as an additional insured on those commercial liability policies.
Failure to be able to provide proof of listed license, insurance or offering Service that you don't carry proper licenses for is grounds for removal from the Platform.
- Criminal Record; Background Checks; Drug and Alcohol Testing
By registering an account as a Moving Pro on the Platform, you agree that you and your Personnel have not been 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, or crime of a similar nature. False representation with regard to a criminal record may result in immediate removal from the Platform and criminal charges.
You agree that, if required by a User or for participation in a particular program for Moving Pros, PMG may conduct a background criminal or credit, evaluation of reputation and character or other assessment, and you will cooperate fully in that process. If your background check or other check is not successful (as determined by PMG in its sole discretion, subject to applicable law), PMG may deactivate or suspend your account and/or terminate or suspend your ability to accept work through the applicable program, as PMG determines appropriate in its sole discretion.
If you accept a Marketplace Work Order on which a User or applicable law requires background-checked Personnel, you will only send Personnel for whom you have proof of a passing background check to fulfill those Marketplace Work Orders. Any falsification of background check proof will be grounds for immediate removal from PMG. PMG reserves the right to randomly audit all Personnel on any Marketplace Work Order requiring background checked Personnel. PMG reserves the right to suspend or remove you from the Platform for sending non-background checked Personnel to fulfill a Marketplace Work Order requiring background checked Personnel. If anything occurs that could jeopardize your background status of any of your Personnel, you agree to immediately notify PMG. Personnel whose background checks are in jeopardy must either pass a new background check or may not fulfill any Marketplace Work Orders. PMG also reserves the right to randomly require all Personnel to resubmit new background checks at any time in order to stay in the program. Personnel must pass new background checks periodically to be eligible to fulfill Marketplace Work Orders.
As a Moving Pro with PMG, you agree that you and any Personnel will be free of any alcohol or drugs while performing Services for a User. You agree that, if required by a particular program for Moving Pros, PMG may require you and any Personnel to pass drug testing and adhere to certain qualifications required by Users or applicable law. Similarly, if you accept any Work Order in which a User or applicable law requires you or your Personnel to be drug tested, you will only send Personnel for whom you have submitted proof of passing a drug test to fulfill those Work Orders. Any falsification of drug-testing proof or sending non-tested Personnel to fulfill any Work Order that requires drug-testing will be grounds for immediate deactivation of your account. PMG reserves the right to randomly audit Personnel on any Work Order requiring drug tested Personnel. If anything occurs that could jeopardize the drug test status of any Personnel, you agree to notify PMG immediately. All Personnel whose drug test status is in jeopardy must either pass a new drug test or be removed from fulfilling a Work Order in which a User or law requires drug-testing. PMG also reserves the right to randomly require Personnel to resubmit new drug tests at any time. All Personnel must pass new drug tests periodically to fulfill any Work Order that requires drug-tested Personnel.
- Performance of Services.
You agree that, in performing work that you received as a result of the Services:
- If you receive a Marketplace Work Order request for a Moving Pro to provide services, you agree to contact the User within twenty-four (24) hours to confirm the details of the Marketplace Work Order when it is booked and between twenty-four (24) and forty-eight (48) hours before the scheduled Service start time. If you do not reply within 24 hours, you will receive another email notification and a 24-hour grace period to respond to the Marketplace Work Order. If you indicate in your account that you can offer same day and/or next day service, you must respond to a Marketplace Work Order notification 2 hours in advance of the requested start time or within 24 hours, whichever is sooner. If you fail to respond to a Marketplace Work Order notification, the Marketplace Work Order will be re-routed to a different Moving Pro in the market area; PMG reserves the right to deactivate your account or terminate your right to respond to the Marketplace Work Order;
- You agree to all the specific terms of the Marketplace Work Order, including the date, time of arrival, number of helpers, number of hours and the specified moving service listed in the Work Order description from the User; if you fail to comply with all terms of a Work Order, PMG reserves the right to deactivate of your account;
- When you provide labor Service, you agree you will not provide any transportation or assistance with any transportation (including trucks or any vehicles of any kind). You agree your failure to comply is grounds for deactivation of Your Account;
- You will perform the work in a professional manner, with the degree of skill and care that is required by the highest industry standards;
- You will complete the work in a timely manner;
- You will comply with all applicable laws, rules and regulations;
- You will not engage in any acts of wrongdoing, dishonesty or unethical business practices, including bait and switch tactics, misleading advertising or claims, or calling or continuing to call a User who has requested not to be called;
- You will not engage in spoofing or any other false identification, whether by telephone, text (SMS), email or other means;
- You will not make any representations, promises, guarantees or warranties on behalf of PMG, except that you may refer the User to the specific and applicable terms of the Service Guarantee;;
- If you subcontract any of the work, you will ensure that your subcontractors meet all of the requirements of the Terms applicable to Moving Pros and these Additional Terms for Moving Pros, including those relating to qualifications, licenses, insurance, data use and security, and compliance with applicable law. Any action or omission by your subcontractor that would be a breach if done by you will be deemed to be a breach by you.
- Rates; Refunds; Cancellations.
You agree to enter all pertinent payment information related to moving services into your account. Moving Pros must list their rates for certain Services, though not all, in order to be listed on the Platform. Two (2) hours of Service will be the minimum for which each Moving Pro can provide Services.
When you create your account, you may indicate whether you are available to provide time and/or Service beyond the pre-booked hours ("Overage"). The default option will be that you do not provide Overage. If you elect to indicate you are willing to provide Overage, you agree to that availability on every Marketplace Work Order in circumstances where more time is needed. Additional hours will be calculated at fifteen (15) minute increments at the hourly rate that the Marketplace Work Order was booked under.
Your options for your refund policy are listed in Your Account. It is your responsibility to make clear what your refund policy is in Your Account. If you elect to offer refunds for unused time, you agree to refund Users on every Marketplace Work Order when a User 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 User is entitled to a refund of unused time equal to the amount of time you were late by.
PMG's Cancellation Policy can be found here.
- PMG Fees
- For Marketplace Work Orders, PMG processes payments from Users to Moving Pros by the options listed in your account. By using the Platform, you agree that the bank account or mailing address listed in your account is the correct one to send payment to. PMG is not responsible for payments that are lost due to incorrect payment information. Once a Marketplace Work Order has been completed, Users can authorize PMG to transfer payment to you by either calling or texting the Payment Release Line at the end of each Marketplace Work Order, or by signing off on your paperwork/invoice showing hours completed. If we are unable to collect payment from a User your sole remedy is against that User.
- PMG provides an IRS 1099-K form to you for each calendar year showing the dollar amount paid to you that was processed through the Platform during such calendar year. You agree and consent to receive the 1099-K form electronically.
- PMG 's fees vary depending on the Marketplace Work Order type and coverage level provided by PMG to you on each Marketplace Work Order. You hereby authorize PMG to withhold these fees once a User confirms an Order was successfully completed and authorizes PMG to transfer payment for Service to you.
- User Information.
Porch may provide you with personal information relating to Users that are seeking products or services. You agree that:
- You will not disclose, retain or use any such User information except as required to provide the services to such User;
- You will not rent, sell or otherwise transfer User information to others without PMG's and such User's consent (and, if PMG so notifies you with respect to your participation in certain programs, the consent of the third party that referred the User to PMG);
- You will not use User information to market your products or services (or those of any third party) to such User, unless PMG notifies you that such marketing is permitted in connection with your participation in certain programs;
- You will not use, or attempt to use, User information in a manner that would violate the Terms or for any purpose not intended by PMG; and
- You will take reasonable and appropriate administrative, physical and technical measures to protect the security, integrity and confidentiality of User information, and you will promptly report all data breaches or other information security events involving User information to PMG;
- You have read and understand these requirements.
- Your Relationship with PMG
You, not PMG, are responsible for the services you provide to Users. Even if you are participating in our PMG Managed Moving Services program where PMG books, schedules, processes payment for and otherwise facilitates your work with the User, you are not an employee or agent of PMG and you, not PMG, are responsible for your work. You will not represent that you are an employee or agent of PMG. If your account with PMG is no longer active or is terminated, you will not represent that you provide services through any PMG program or network.
You agree that, except to the extent specifically permitted by the terms of a written agreement between you and a User with respect to a project, you will not file or record any lien, claim of lien, stop payment notice, stop notice, security interest, or other encumbrance ("Encumbrance") on the property of any User or PMG; and if you become aware of an Encumbrance related to your work for a User that is not expressly permitted by your agreement with that User, you will cause the release, dissolution, cancelation or removal of that Encumbrance within 5 business days, irrespective of its validity. We have the right, but not the obligation, to take any and all steps necessary to promptly release any impermissible Encumbrances. You must reimburse PMG or the User r (as the case may be) all costs and expenses, including but not limited to legal fees, incurred by us or the User as a result of any impermissible Encumbrances.
- Disputes with Users; Missing Items.
By accepting a Marketplace Work Order through PMG, you are agreeing that any issues regarding the quality or work performance by you are to be resolved between yourself and the User. PMG is not legally responsible for settling or being involved in any disputes you may have with another User or User. By using PMG services, you are agreeing that any contracts made by you through PMG, are solely the responsibility of yourself and the User involved.
If PMG does attempt to facilitate the resolution of any User dispute or complaint between you and a User to whom you provide (or have been booked to provide) services, you agree that you will cooperate with PMG. For example, you must promptly provide us with all information about the dispute that we request, including documentation. However, we will not be liable to you, the User or any other person for the resolution of (or failure to resolve) any such matter. We reserve the right to charge you for any amounts we pay to a User in connection with any such dispute or complaint, and you agree to reimburse PMG for any such payments and for any costs, expenses or attorneys' fees that we incur in connection with such dispute. If PMG is entitled under the Terms to payment by you or reimbursement from you of any costs, expenses or other amounts, we may deduct any such amounts from any amount that we owe you.
You agree that PMG has the right to disclose any information we have regarding you to any authorities requesting information from us regarding any services you have provided or proposed to provide to Users or any Services we have provided to you.
If there is a dispute regarding cancellation fees owed, you must be able to show proof via emails and/or phone records of the following: 1) that you confirmed the Marketplace Work Order when it was initially booked 2) that you confirmed the Marketplace Work Order again during the applicable cancellation time frame before the scheduled Service start time, and 3) that you attempted to contact the User. All communication regarding disputed payments and cancellation fees must be submitted in writing using one of the methods below: Email: [email protected] Fax: (858) 724-1805 (Attn: Payments) Mail: HireAHelper, LLC Attn: Payments 3156 Vista Way, Ste 400 Oceanside CA 92056.
For any type of Work Order, in the event a User claims missing items while you or your Personnel were on site, you agree that, within five (5) days of your receipt of the initial complaint/claim email sent by the PMG Claims Department, you will complete the following:
- You must update your Personnel list with names and email addresses for all Personnel that were working for you or who were recently terminated or quit.
- You must send a picture of a photo ID for all Personnel that were on the applicable Marketplace Work Order.
- You must begin a background check on all Personnel that were on the applicable Marketplace Work Order, except for any Personnel for which you have a background check that is less than three years old.
Failure to complete these tasks within the allotted time frame will result in your account being deactivated until the tasks are completed in full.
You further agree to work cooperatively and in a timely manner with the PMG claim representative and you agree that you are responsible, without any limitation, for any reimbursement of losses incurred by Users due to lost/missing items. PMG encourages Moving Pros to help resolve lost/missing item issues with Users directly in order to prevent claims from being filed through PMG.
- Moving Pro Account; Informational Requests and Updates.
You will be asked to open an account and may be asked to complete a profile in connection with the Services. PMG, in its sole discretion may or may not approve you to become a Moving Pro. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate and complete information in connection with the Services; and to keep that information updated, complete and correct.
You understand and acknowledge that the amount and quality of your information (including the amount and quality of profile data, project activity and endorsements) will affect your exposure within the Services.
You agree to comply with PMG's informational requests from time to time in connection with the Services, including providing information to be used by PMG (or our service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments that PMG elects to perform, and to confirm status if we have connected you with a User.
You agree to immediately notify us if: (i) any information you have provided to PMG, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
You agree to regularly update the Calendar tab on your account and to be available for Service during the time listed on the Calendar page. You may change your availability at any time by logging into your account. You also agree to indicate your preferences for next or same day Marketplace or Managed Work Orders in your account. Failure to consistently not be available for Service or completion of Marketplace or Managed Work Orders may result in the deactivation of your account.
PMG does not offer administrative access to its Professionals. You may not provide outside links and or phone numbers with the purpose of further advertising oneself commercially or circumventing the PMG Service and/or Platform via available description fields. You may link PMG on your own websites or services, as long as you are not providing harmful or malicious information about PMG, or its employees, partners or services.
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 PMG; (2) that you will not (and will not attempt to improperly influence the feedback of any User in any manner; (3) not to post, cut and paste, and/or copy the content of User feedback review from the Platform 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); and (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 PMG, its employees, Users, or attempt to acquire information only provided to PMG administration by any means. PMG may immediately deactivate your account in the case of a violation of the foregoing and reserves all rights with respect to such actions.
You agree that if you register for an account as a Moving Pro on the Platform, you will not work as an employee for any other Moving Pro with an active account on the Platform. However, Personnel who do not have Moving Pro accounts may work with multiple Moving Pros.
PMG shall not withhold taxes or any other payroll deductions from payments made to you. Because you are not an employee of PMG, but rather an independent contractor, PMG shall report payments made to you on IRS Form 1099 or 1099-K, as the case may be. You agree to report all compensation received under these Terms to the appropriate federal, state or local taxing authorities. You agree to provide a current and correct W-9 to PMG upon request.
- Site Link; Reviews.
If you have a profile on the Platform, you agree to link your website to your profile, at a place on your website determined by you, using the following text: "Review my projects and endorsements on Hire A Helper."
- Quality Control.
You agree that we may access, review and monitor your account and usage and communication information and may use such account and usage and communication information as we deem appropriate, including as reasonably needed to confirm status of project requests when we have connected you with a User, to investigate complaints or billing issues, to provide services to you, and to verify information you or Users have provided.
- Termination; Suspension.
PMG, in its sole discretion, may suspend, restrict or terminate your use of the Services or any portion thereof at any time and for any reason (including if you breach or fail to comply with any of the terms of the Agreement).
- Phone Number; Communications.
You are aware and agree that the telephone number listed by PMG for your business in connection with the Services may be a call forwarding number used by PMG that is different than your personal or business telephone number. This number is utilized by PMG to improve its products and services for both Users and Professionals, for quality control and for other purposes (such as those described in the Terms).
If you receive confidential information from PMG, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to fulfil your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning PMG's fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, policies and practices, trade secrets, and any and all other information that is not generally known to the public.
- Independent Contractor.
You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with PMG is intended or created by the Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of PMG, and that PMG has no power or authority to make any commitments on your behalf. You are solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
- Electronic Delivery of Communication
- Additional Terms for Moving Services Professionals.
If you are a Moving Services Professional participating in the Managed Moving Services program in which PMG books, schedules, handles payment for and otherwise facilitates certain services provided by Moving Services Professionals, the Additional Terms for Moving Services Professionals will also apply to you with respect to the work you do through the Managed Move program.
- No Guarantee.
As a Moving Pro, you agree and acknowledge that PMG cannot and does not guarantee the results of any Services provided by PMG, including the exposure you will receive as part of the Services, the number or quality of potential Users with whom you will have contact. You acknowledge that PMG will determine in its sole discretion the manner and the terms of the Services provided by PMG to Moving Pros. By way of example and not limitation, PMG may impose limits on the type and/or number Moving Pros that can participate in particular programs, which Moving Pros are notified about particular project requests and the timing of such notification, the type and/or number of Moving Pros who can respond to particular project requests, and the amount and availability of discounts for particular programs, services or Moving Pros. As a Moving Pro with PMG, you agree that PMG is not responsible for any complaints you may have with other Users or Professionals. PMG is not responsible for providing you with business or quality work. Any Service you offer to a User is provided under a contract between you and that User. PMG is just a means to find that User. By advertising your Service on PMG, you are agreeing to represent yourself properly, and perform the Service you provide correctly.
20. Offset of Amounts Due.
You agree that if PMG is entitled to payment by you or reimbursement from you of any costs, expenses or other amounts under the Terms, we may deduct any such amounts from any amount that we owe you.
- Fraud or Other Willful Misconduct.
Notwithstanding anything else herein to the contrary, you understand that, in the event of willful misconduct by you against PMG or any User of any Services, including but not limited to fraud, theft, failure to perform services for which you received any deposit or payment, or willful damage to property, PMG may assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a fee equal to three times the dollar amount or value of such fraud, theft, retention of unearned payments, willful damage or other willful misconduct. This fee shall constitute liquidated damages to compensate PMG for the time and effort of PMG's employees, agents, representatives and attorneys in addressing, investigating, and rectifying your misconduct, and you hereby agree that such fee is reasonable and appropriate.
Further, PMG reserves the right to pursue legal action against you through the state and federal courts of Texas or other appropriate jurisdiction in the event PMG determines you have committed fraud, theft, willful failure to perform services for which you have received a deposit or payment, or willful damage to property to, against or involving porch or any User. You agree and consent to the personal jurisdiction and venue of the federal and state courts in Dallas, Texas, for any such court action or proceeding.
Porch Moving Group
Additional Terms for Moving Services Professionals
Effective date: March 22, 2022
If you are a moving services professional ("MSP") participating in the Porch Moving Group ("PMG") Managed Moving Services program, in which PMG books, schedules, handles payment for and otherwise facilitates certain services provided by MSPs, these Additional Terms for Moving Services Professionals and Managed Policies will also apply to you, with respect to the work you do through Managed Moving Services program. For clarity, you are also subject to the Additional Terms for Moving Pros, provided that, in the event of a conflict between the Additional Terms for Moving Pros and these Additional Terms for Moving Services Professionals, these Additional Terms for Moving Services Professionals will control.
PMG may request MSPs with an active account with PMG to perform Services by submitting one or more Work Order(s) to you through the Platform. PMG is not obligated to assign any Managed Work Orders to you, and you are not obligated to accept any Work Orders, but upon acceptance of a Work Order, you and PMG will be bound to the terms of such Work Order, including the specific Services to be performed by you, the compensation to be paid to you for performing the Services and any other specifically designated terms as stated in writing in the Work Order. A form of a Work Order is attached hereto as Exhibit 1.
- Background Checks
Participation in the Managed Moving Services program requires that all Personnel who will fulfill a Managed Work Order have uploaded a background check. MSPs that have already provided a background check or attestation of background check will not have to provide a new background check until May 1, 2023. MSPs that have not submitted a background check previously cannot participate in the program until they have done so.
- Performance of Services
You agree that, in performing work that you received as a result of the Services:
- If you receive a Managed Work Order assignment, you will confirm such assignment in the Platform within twenty-four (24) hours. If you do not reply within the 24 hours, the Managed Work Order assignment will be re-routed to a different MSP in the market area; PMG reserves the right to deactivate your account or terminate your right to respond to the Managed Work Order;
- You agree to all the specific terms of the Managed Work Order, including the date, time of arrival, number of helpers, number of hours and the specified moving service listed in the Work Order description from the Customer; if you fail to comply with all terms of a Work Order, PMG reserves the right to deactivate of your account;
- You will arrive within one (1) hour of the scheduled start time, in accordance with the MSP Cancellation/No Show/Late Arrival Policy.
- You will arrive with the number of crew members than required by the Managed Work Order. If you arrive with fewer crew members than required, your payment will be adjusted to reflect the smaller crew and longer hours.
- You agree to stay up to a total of two (2) additional hours over the pre-booked time. Your payment will be the overage rates set by you in your account. You have no obligation to work more than two (2) additional hours over the pre-booked time but you may do so at your discretion. Your payment will be the overage rates set by you in your account.
- You will wear a uniform, in accordance with the Uniform Policy
- You will bring the required equipment to fulfill each Work Order, in accordance with the Equipment Policy.
You must comply with the MSP Delays; Arrival Time; Cancellation Policies .
The following policies apply to fees for Work Order cancellation/delays:
- No cancellation fee allowed:
- If Customer cancels or reschedules a Work Order by midnight, three (3) days before scheduled service start time, calculated from the end of the scheduled service start time listed in the Platform.
- If cancellation is due to your failure to show up during the designated start time.
- Cancellation fees are allowed in the following cases:
- If a Work Order is canceled or rescheduled with less than 72 hours' notice but before the date of the scheduled move, you will receive 10% of pre-booked provider compensation. Note that the cancellation must be communicated during PMG business hours.
- If Customer cancels or reschedules a Managed Work Order on the day of scheduled service, you will receive 70% of pre-booked provider compensation.
If any issues arise between you and the person moving pertaining to the Services you perform, you agree to immediately contact the PMG Service Team. The PMG Service Team will assist in resolving the issue.
- Work Order; Payments
You agree that you must submit a signed Work Order at the completion of the Services in order to get paid and in accordance with the terms of our Work Order and Payments Policy.
If submitted electronically, payment will be processed immediately after a signed Work Order is submitted. If you do not submit the signed Work Order electronically, payment will be processed three (3) business days from PMG's receipt of submission. Delivery of funds after processing are subject to standard banking processing times. If you do not submit a signed Work Order in the allotted time (as outlined in the Work Order and Payments Policy), payment will be processed three (3) business days from PMG's receipt of submission. This processing period will start after the 3-day window to submit work tickets.
Provider Co-Pay for damage as follows:
- Property Damage - Full Amount
- Goods Damage - .60/pound if damaged by crew or improperly loading (when customer provided appropriate protection for hourly)
- Unit Based - 60/pound if damaged by crew or improperly loading