Porch Moving Group
Terms of Service for Moving Pros
Effective date: March 22, 2022
If you are a moving pro ("Moving Pro" or "you"), your use of the Services is subject to the Terms of Use, including the Privacy Policy, the Marketplace Policies, and these Additional Terms for Moving Pros. By creating a Moving Pro account or profile on the Platform, making your services available to Users in response to service requests or inquiries through the Services, or otherwise using or accessing the Services as a Moving Pro, you agree to the Terms, including the Terms of Use, Privacy Policy and these Additional Terms for Moving Pros. Capitalized terms used and not defined herein have the meaning given those terms in the Terms of Use.
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.
If you solicit, accept or perform work through the Services, you agree that:
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.
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.
You agree that, in performing work that you received as a result of the Services:
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.
Porch may provide you with personal information relating to Users that are seeking products or services. You agree that:
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.
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: payments@hireahelper.com 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:
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.
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.
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."
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.
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).
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.
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.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your account ("Account") and your use of our Services. Communications include: Agreements and policies you agree to (e.g., the Privacy Policy), including updates to these agreements or policies; annual disclosures, including transaction receipts or confirmations; Account statements and history; federal and state tax statements we are required to make available to you; and any other Account or transaction information. We will provide these Communications to you by posting them on the Platform and/or by emailing them to you at the primary email address listed in your account.
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.
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.
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.
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.
You agree that, in performing work that you received as a result of the Services:
You must comply with the MSP Delays; Arrival Time; Cancellation Policies .
The following policies apply to fees for Work Order cancellation/delays:
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.
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: