Professional Terms and Conditions
These Professional Terms of Service for Home Service Professionals are to be read in conjunction with the General Terms of Service (https://jiffyondemand.com/terms_and_conditions) and are part of your Agreement between the Jiffy Companies and you ("you" or "Home Service Professional"). Terms starting with capital letters or defined in the General Terms of Service have the same meaning as the General Terms of Service (https://jiffyondemand.com/terms_and_conditions).
By registering as a Home Service Professional, you signify that you have read, understand and agree to be bound by these Professional Terms of Service and the Agreement in all respects with respect to your provision of Homes Services, the Website, the App, our provision of the Service, and your use of them.
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.
Becoming a Home Service Professional. As a Home Service Professional, you will have access to a variety of jobs and potential clients in your surrounding area that you may not otherwise have access to. As the continued success of our Service and our ability to connect you with potential jobs and clients requires trust and a professional level of service, we require you to uphold and comply with the following terms.
- Customer Service and Professionalism. By becoming a Home Service Professional, you agree to: uphold highest level of customer service and professionalism when communicating with Requesting Users or affiliating yourself with the Jiffy Companies in any way; be responsive, prompt, courteous, friendly and helpful in providing any Home Service; be prepared and equipped with the required materials and tools to complete the Home Service Requested; and be reliable and consistent in your work as required to meet the standard of customer service and professionalism provided herein. You further agree to be clear in setting expectations with the Requesting Users regarding timing, any out of pocket or materials expenses, and any other details that are relevant to completing the Job. By registering as a Home Service Professional, you give us consent to conduct background checks and criminal record checks on you from time to time, without notice. You understand and agree that any unprofessional behaviour or acts will not be tolerated and may lead to your removal from the Services.
- Qualified. You agree that you are qualified ("Qualified") to complete the Home Services and Home Service categories that you select to be listed for, meaning that you hold all requisite training, licensing, certification, education, experience, and similar qualifications to complete each Home Service with a professional level of care.
- Insurance. You represent and warrant that you hold all required or industry standard insurance and, if you represent yourself as bonded, bond coverage including public liability, workers compensation, and workplace safety, to adequately cover property damage, bodily injury, theft, property loss in amounts sufficient for your liability under your contract with the Requesting User ("Insurance"). You agree to provide us with copies of certificates of such Insurance in your registration process as well as from time to time at our request. You further agree to notify us immediately of any change in your Insurance.
- Quality of Work Standards. You agree to only accept Requests that you are Qualified to complete in the time required. You agree to perform all Home Services yourself and understand that you may not assign or transfer any request to a third party, company, or competitor, provided that if you require additional help to complete a Home Service, that person must be a Home Service Professional.
Accepting Home Services. The Service enables you to accept Requests for Home Services from Requesting Users. There are two timelines available to Requesting Users: (i) "On-Demand", and (ii) "Later". If you are able to make it to the Premises and complete the Home Service within the prescribed On Demand threshold time for the relevant Home Service category (and you meet all other requirements provided herein), you may accept an On Demand Request. If you are and will remain available during the time requested for a Later Request (and you meet all other requirements provided herein), you may accept the Later Request.
Agreement with Requesting User. You understand and agree that when you click "accept" in the App in response to a Request for Home Services, you are agreeing to accept ("Accept") the Request to provide the Home Service detailed by the Requesting User (the "Job"). By Accepting the Job, you understand that you are entering into a binding contract with the Requesting User. Regardless of whether you were the first Home Service Professional to Accept the Job, we reserve the right to have another Home Service Professional complete the Job if we determine, in our sole discretion, that you may be unable to timely complete the Job or meet the standards of professionalism or customer service provided herein. If we so substitute another Home Service Professional, we will notify you and you will not become a contracting party for the Job. You understand and acknowledge that any failure to fulfill the terms of the binding contract, except as set out herein, may result in you or the Company you represent incurring liability or damages.
Procedure. You understand that once you Accept a Job, we will notify the Requesting User with information about you including your name, photo, company name, customer service rating, and estimated time of arrival. You will then be able to contact the Requesting User through phone or text message for the sole purpose of communication related to the Job. Once the Requesting User receives the notification that you have Accepted the Job, the Requesting User may cancel the Job without incurring a fee only before such time that you have departed your current location for the Premises. You agree to notify the Requesting User by clicking "I'm on my way" or such similar language as provided in the App when you leave your current location. You hereby agree not to misstate your departure time or otherwise mislead a Requesting User as to the time you depart your current location or the time you will arrive at the Premises. You understand and acknowledge that the App may track your location and trip to the Premises in real time. You agree to use the App to notify the Requesting User once you arrive at the Premises. You understand and acknowledge that you may be charged a cancellation fee, as we determine in our sole discretion, if you cancel the Job after the grace period as provided in the Guidelines (https://intercom.help/jiffy). You also agree to act in a fair, reasonable and professional manner in all matters related to your travel to the Premises.
- Your Responsibilities. By Accepting the Job you signify that you are willing, able, Qualified, and Insured to perform and complete the Job. You further agree that you confirm the parameters of the Request with the Requesting User. You further represent and warrant that you have the authority to enter into the contract on behalf of your affiliated contracting company. Your Acceptance signifies your agreement to: leave an adequate amount of travel time to the Premises, arrive on time and fully prepared to complete the Job, be committed to the Home Service and be prepared to stay as long as it takes to complete the Job to the Requesting User's reasonable satisfaction. You agree not to Accept any Job you do not reasonably have the time or ability to complete or that you do not intend on completing.
- Completing the Job. Once you have confirmed the parameters of the Job with the Requesting User, you agree to perform and complete the Job efficiently and with the highest level of skill and care. Once you have completed the Job, you understand that the Requesting User will rate your service and you agree to rate the Requesting User to ensure all Users maintain the quality and integrity of the Service.
- Cancellation by Requesting User. A Requesting User may cancel a Request without penalty as set out in the General Terms of Service (https://jiffyondemand.com/terms_and_conditions) and the Guidelines (https://intercom.help/jiffy).
- Cancellation by Professional. You are under no obligation to Accept Job Requests and have agreed to Accept only Jobs that you are willing, Qualified, Insured and able to complete. Cancelling a Job should only be done as a last resort and may only be done in extenuating circumstances, such as not having the proper tools for the Job, feeling unsafe about the Job or Premises, or being unable to deliver the required standard of workmanship. You understand and agree that scheduling conflicts are not legitimate reasons for cancelling a Job. We reserve the right to suspend, modify or terminate your status as a Home Service Professional if we determine, in our sole discretion, that you have cancelled Jobs without legitimate reasons. You acknowledge and agree that if you cancel a Job after the grace period (which is provided in our Guidelines (https://intercom.help/jiffy) after you Accept it, you will be charged and required to pay us a cancellation fee, which we reserve the right to use to encourage another Home Service Professional to timely complete the Job you cancelled. If you arrive at the Premises but do not perform, in the our discretion, acting reasonably, any part of or a sufficient amount of the Job, and you charge the minimum charge, we reserve the right not to pay you the minimum charge paid. If you arrive at the Premises after the grace period set for an On Demand or Later Job, you will be charged and required to pay us a penalty. We reserve the right to change, modify, increase, or decrease the amount and terms of the cancellation fees or penalties in our discretion from time to time. If we choose to do so, we will notify you by posting the update to the Website.
Fees & Payment Terms.
- No Additional Charges or Fees. We will handle Requesting User's payment for the Job. You agree not to negotiate, impose or charge any charges, fees, hourly minimums, travel time or expenses, or other unauthorized fees. Attempts to negotiate the Home Service Payment outside the set Jiffy Rates or to obtain payment in cash for the Home Service provided is a violation of this Agreement and is grounds for reduced access to Requests or outright removal from our Services.
- Jiffy Rates. We set the Jiffy Rates, which you acknowledge and agree are subject to a minimum charge. You further understand and agree that the cost of materials required to complete the Job is not included in the Jiffy Rate but must be billed through the Service. We reserve the right, in our sole discretion, to change the Jiffy Rates for any service from time to time without notice to you. When accepting a Request for a Job, we may provide you with the Jiffy Rate and the Minimum Charge, but are under no obligation to do so and you hereby agree that it is your responsibility to remain informed about the current Jiffy Rates and Minimum Charge for the category of Home Service Job you Accept.
- Invoicing. Once you have completed the Job, you agree to use the App to enter the number of units based on the Jiffy Rate for the relevant Home Service Category and the price of any required materials. We will use this information to create the Invoice. When an Invoice is complete, the agreed upon payment will be transferred from the Requesting User's Account to the company account of the company the Home Service Professional represents (the "Company Account"). The payment will be transferred generally on the Friday following the week in which the Home Service was provided, unless we otherwise holdback or withhold the payment as set out in this Agreement. You agree not to act in any way to violate the payment or invoicing terms provided herein, including (but not limited to): accepting payment (in cash, other monetary value, or by exchange of services) outside of our set Jiffy Fees or our Service in general, bill for fewer or more units than actually worked, exchange contact information or provide your contact information outside the platform with a Requesting User, or fail to invoice or cancel a completed Job.
- Service Fees. Once you Accept the Job, we will charge a service fee (the "Service Fee"), which shall be a percentage of the total Home Service Payment amount, such percentage to be determined in our sole discretion, regardless of whether or not you have completed the Job (for any reason). We will deduct the Service Fee automatically from the Home Service Payment that we will deposit into the company account for the contracting company you represent (the "Company Account"). We reserve the right, in our sole discretion, to change, increase, decrease, or remove the Service Fee. If we choose to change, increase, decrease, or remove the Service Fee, we will notify the Company you represent by email.
- Payment Processing Fee. You acknowledge and agree that the Payment Processor may apply a fee for processing the payment (a "Payment Processing Fee"), which may change without notice from time to time, subject to the terms and conditions set out by the Payment Processor.
- Obligations Under the User Protection Plan. You understand and agree that if a Requesting User makes a claim under the Jiffy User Protection Plan relating to a Job you Accepted, performed, completed, or failed to perform or complete for the Requesting User, we reserve the right to withhold any part of the total Home Service Payment amount owed to you or the Company you represent. You further agree that if the Requesting User is afforded compensation under the Jiffy User Protection Plan, you are solely responsible for the entirety of the compensation amount as well as any damages related, directly or indirectly, thereto and agree to indemnify, hold harmless, and defend the Jiffy Companies from any and all claims under the User Protection Plan and refunds or payment to the Requesting User arising from any claim under the User Protection Plan. Any amounts owed to us under this provision will be paid within seven (7) days of our notification to you. You agree that we are not required to prove that the harm was due to your negligence or involve you in the process of determining whether the Requesting User is entitled to compensation under the Jiffy User Protection Plan. We reserve the right to require you to fix or complete the Job, which you agree to do in a timely manner and without additional compensation. You further acknowledge and agree that if we, in our sole discretion, choose to have a different Home Service Professional fix or complete the Job, you forfeit any right to compensation for the Job and acknowledge that we reserve the right to use these funds to compensate the Home Service Professional who fixes or completes the Job.
- No Obligation to Withhold Taxes. Except as set out in any Invoice or receipt for applicable taxes, we do not collect or remit any taxes for any Home Service Payments received in any jurisdiction. You acknowledge and agree that in connection with your use of our Service, you may be required to comply with income tax and withholding requirements on any income you receive and that if such an obligation arises you will be solely responsible for the timely payment of such tax and any interest or penalties. The payment rate used for computing Home Service Payments paid to Home Service Professionals is inclusive of any and all applicable federal, provincial, state, local, or other fees or taxes owed by such Home Service Professionals. In no cases will any additional compensation be paid to Home Service Professionals for taxes. You hereby covenant and agree to remit all required taxes that you owe or may owe in connection with the provision of Home Services and to pay all tax obligations therefrom in a timely manner. If we, in our sole discretion, determine we are required to withhold any taxes in connection with the provision of Home Services, we may but are under no obligation to do so. You acknowledge and agree that you are solely responsible for all tax compliance relating to your use of our Service and that in no event will we be responsible for any tax compliance. If it is later determined that we should have withheld and/or paid tax but did not withhold or pay such tax, then you shall repay to us the applicable tax as requested by us and hold us harmless from any penalties or interest thereon. You further agree to indemnify and hold the Jiffy Companies and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any claims by the Canada Revenue Agency or any taxes related to your use of the Service.
- Professional Credits. We may, from time to time and in our sole discretion, provide certain credits ("Professional Credits") to Home Service Professionals. There is no guarantee of or right to receive any such Professional Credits. We reserve the right to activate, modify, or delete any such Professional Credits at any time, in our sole discretion and without notice to you. Professional Credits are non-transferrable, have no cash value, and will expire no later than 90 days from the date issued to your User Account. We reserve the right, but have no obligation, to provide for the ability to redeem Professional Credits for cash.
Professional Conduct (Things You Must Not Do). You acknowledge and agree that the Service is available for your personal use only in connection with the proper servicing of Requests, and may not be used for any other commercial purpose. Without restricting anything else in this Agreement, you agree not to
- assign a Job or otherwise send another person to the Premises in your place to complete the Job,
- use the Service, directly or indirectly, to facilitate the violation of any law, regulation, or statute in Canada,
- use the Service to provide any type of advice, consultation or professional services outside the Home Service categories provided by our Website,
- contact or attempt to contact, in any way, a Requesting User for a reason other than performing hereunder,
- share any information regarding a Requesting User, the Premises, or the Job, with any third party,
- use the Service, directly or indirectly, to abuse, harass, stalk, threaten, or otherwise violate the legal rights (including but not limited to rights of privacy) of others,
- contact a User regarding a negative review, accept a reduced payment or exchange a payment to avoid a negative review,
- provide incorrect, inaccurate, or misleading information regarding your ability or qualification to provide Home Services, about the cost of materials used for a Job or the units in time or work done, that it took you to complete the Job,
- enroll, register, sign up, use or otherwise provide services that you have applied to provide through us through any other on demand platform, including but not limited to TaskRabbit, AskforTask, Kutoto, AgentAnything, Zaarly, Freelance.com, JobRunners, Serviz, Amazon Home Services, Porch.Com, Jobs.com, HouseCall, JoistHome, or
- contact, negotiate or communicate with, or accept Jobs or similar work, directly or indirectly, from Requesting Users or Users you have connected with through the Service, whether directly or indirectly, outside the Service.
- Non Circumvention. You agree that for one year after performing or completing a Job for a Requesting User, you will use the Service as your exclusive method to request, make, and receive all payments for any services directly or indirectly provided to that Requesting User or arising out of your relationship with that Requesting User or your use of this Service.
- Step In. We reserve the right, but are not obliged to, arrange for another Home Service Professional to step in and take over a Job if we determine, in our sole discretion, that your service to a Requesting User falls below the standards of professionalism, customer service, and high quality work required of a Home Service Professional and as set out herein. If we exercise this right, we also reserve the right to: withhold payment to you for the Job and instead pay the Home Service Professional who has stepped in to complete the Job; charge you and deduct the amount of payment for the Job against future payments; or require you to repay us for the total Invoice amount for the Job.
- Termination. We reserve the right to terminate, suspend, or deactivate your User Account if we suspect or determine, in our sole discretion and without notice, that you have misused our Services, have used our Services to violate any law, have breached any term of this Agreement, consistently cancel or fail to complete Jobs, consistently provide unsatisfactory work, or if your ratings fall below a certain standard as determined by us in accordance with the principles of this Agreement. If we terminate, suspend, or deactivate your User Account you agree to immediately cease use of or affiliation with our Service and to end any and all communication with any User you have connected with through the Service.
- Requesting User and Home Service Professional Disputes and Release. The Service is only a venue for connecting Requesting Users and Home Service Professionals. We are not involved in the actual contact between Requesting Users or in the provision of Home Services and you are solely responsible for your interactions with Requesting Users. If you have a dispute with one or more Requesting Users, you release the Jiffy Companies (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct or indirect arising out of or in any way connected with such disputes.
- No Guarantee. We make no guarantee regarding the availability of Requests or Jobs, the payment by Requesting Users, or the ability to make any income from the Service, Jobs, or provision of Home Services. We make no guarantee that the Requesting Users will require the amount of work and type of Home Service they have specified in their Request, that the Requesting User will be at the Premises or will not cancel the Job at any time. We further make no guarantee as to the safety of a Home Service Professional entering a Premises and advise that all Home Service Professionals should act with due care and regard for their safety when Accepting a Job, travelling to the Premises, arriving at the premises, or completing the Job. We do not guarantee that the Requesting User holds any authorization, permits, or insurance required to allow the Home Service Professional into the Premises or to complete the Job. THE COMPANY DOES NOT WARRANTY ANY REQUESTING USER'S ABILITY OR WILLINGNESS TO PAY OR ACCEPT THE PROFESSIONAL'S SERVICES.
- Notifications. You agree to keep all App notifications, email subscriptions and text message subscriptions on as required to meet the standard of customer service and professionalism provided herein. You may opt-out of receiving emails but will receive in App notifications as the method of meeting your obligations under this Agreement.
End of Professional Terms of Service (Last Updated: May 15, 2015)