Platform Operator's Role:
• EapoTech operates as a qualified marketplace platform under applicable laws
• Platform facilitates connections between Companies and Subcontractors
• Platform provides Work Order templates and payment processing services
• Platform is NOT a party to any Work Order or agreement between Company and Subcontractor
Platform Operator Limitations:
• EapoTech is not an employer or joint employer of any Subcontractor
• EapoTech is not responsible for the performance or non-performance of any Company or Subcontractor
• Each Subcontractor is solely responsible for their acts and the acts of their employees, agents, and subcontractors
• Each Company is solely responsible for their acts and the acts of their employees, agents, and subcontractors
• EapoTech is not bound by any terms of a Work Order
Independent Contractor Relationship:
The Subcontractor is an independent contractor and not an employee of the Company. This agreement does not create an employment relationship.
Subcontractor Responsibilities:
• All applicable taxes, insurance, and benefits
• Compliance with local, state, and federal regulations
• Maintaining required certifications and licenses
• Providing their own tools and equipment (unless otherwise specified)
Company Limitations:
• Shall not withhold taxes from payments
• Shall not provide employee benefits
• Shall not control the Subcontractor's work methods (except for safety and quality standards)
• Shall not require exclusive service to the Company
Service Request Process:
• Customer creates service requests through Platform
• Customer specifies service requirements, location, and timeline
• Platform facilitates connection with qualified Service Providers
• Service Providers may submit quotes or proposals
• Customer reviews and selects preferred Service Provider
Service Provider Obligations:
• Complete services according to agreed specifications
• Maintain professional conduct and appearance
• Comply with all safety standards and regulations
• Provide quality workmanship meeting industry standards
Customer Obligations:
• Provide accurate service requirements and specifications
• Ensure safe and accessible work environment
• Approve or dispute completed work within specified timeframe
• Pay agreed compensation upon satisfactory completion
Work Order Creation:
• Company creates Work Orders using Platform templates
• Company controls all Work Order content including timing, location, skills required, and tools required
• Company may add custom terms to Work Orders through Platform interface
• Work Orders must comply with Platform's standard terms and conditions
Work Order Acceptance Process:
• Company posts proposed Work Order on Platform
• Subcontractor may accept Work Order as posted or make counterproposal
• Company may accept counterproposal with modified terms
• Once accepted, binding engagement is established for services in Work Order
Payment Schedule:
• Payments are processed through the Platform's escrow system
• Standard payment terms: 7-10 business days after assignment completion
• Payment frequency: Weekly (Fridays) for completed assignments
Payment Process:
• Company deposits funds into Platform escrow account
• Funds are held until assignment completion and approval
• Platform deducts applicable fees before transferring to Subcontractor
• Subcontractor receives payment via Stripe Connect account
Payment Disputes:
• All payment disputes must be reported within 48 hours of expected payment date
• Disputes are handled through Platform's dispute resolution system
• Company has 5 business days to approve or dispute completed work
• Platform may hold funds during dispute resolution
Late Payment Policy:
• Company acknowledges that consistent late payments may result in Subcontractor termination
• Platform reserves right to suspend Company accounts for repeated payment delays
• Emergency payment protocols available for critical personnel
Fee Structure:
• Subcontractor Platform Fee: 2.5% of assignment value
• Company Platform Fee: 3.0% of assignment value
• Customer Platform Fee: 3.0% of service value
• Service Provider Platform Fee: 2.5% of service value
• Fees are calculated and deducted automatically by the Platform
Additional Costs:
• Subcontractor responsible for any banking fees for payment processing
• Company responsible for escrow deposit fees
• Platform may charge additional fees for expedited services
Subcontractor Insurance Requirements:
• General Liability Insurance: Minimum $1,000,000 per occurrence
• Professional Liability Insurance: Minimum $500,000
• Workers' Compensation Insurance (if required by state)
• Commercial Auto Insurance (if using personal vehicle for work)
Liability Limitations:
• Subcontractor assumes full responsibility for their work and conduct
• Company's liability limited to assignment compensation
• Platform provides no warranty on work quality or performance
• Platform Operator's liability limited to Platform services only
Indemnification:
• Subcontractor indemnifies Company and Platform against claims arising from Subcontractor's work
• Company indemnifies Subcontractor against claims arising from Company's specifications or requirements
• Both parties indemnify Platform Operator against claims arising from their use of Platform services
Work Product Ownership:
• Company owns all Work Product created for assignments
• Subcontractor assigns all rights to Work Product to Company
• Subcontractor retains rights to pre-existing intellectual property
Confidentiality:
• Subcontractor agrees to maintain confidentiality of Company information
• Non-disclosure obligations survive termination of this agreement
• Subcontractor may not use Company information for competitive purposes
• Both parties agree to maintain confidentiality of Platform operations and data
Intellectual Property Rights:
• Comprehensive IP Definition: All present and future rights conferred by statute, common law or equity in relation to copyright, trademarks, designs, patents, inventions, goodwill, and all other intellectual property rights
• Platform IP Ownership: This agreement does not transfer any intellectual property owned by EapoTech LLC or third parties
• Trademark Protection: All trademarks, service marks, graphics and logos used in connection with Platform are trademarks of EapoTech LLC or its licensors
• No License Grant: Use of Platform grants no right or license to reproduce or use EapoTech LLC or third-party trademarks
Safety Standards:
• Subcontractor must comply with all applicable safety regulations
• Company safety standards must be followed at all work sites
• Subcontractor responsible for maintaining safe working conditions
Regulatory Compliance:
• Subcontractor must maintain all required licenses and certifications
• Compliance with local, state, and federal regulations is mandatory
• Subcontractor responsible for any violations or penalties
Termination Rights:
• Either party may terminate this agreement with 30 days written notice
• Immediate termination for material breach of agreement
• Platform may suspend accounts for violations of terms
Termination Procedures:
• Notice must be provided through Platform's messaging system
• Outstanding assignments must be completed or transferred
• Final payments processed according to standard terms
Effect of Termination:
• All confidentiality obligations continue
• Subcontractor must return all Company materials
• Platform fees remain applicable to completed work
Dispute Types Covered:
• Payment disputes
• Service quality issues
• Contract breaches
• Communication problems
• Pricing disputes
• Timeline/schedule disputes
• Scope change disputes
• Cancellation disputes
Resolution Process:
• Step 1: Direct negotiation between parties (48 hours)
• Step 2: Platform mediation (5 business days)
• Step 3: Binding arbitration (if mediation fails)
• Step 4: Legal action (last resort)
Dispute Timeline:
• Disputes must be filed within 30 days of incident
• Platform provides mediation services at no additional cost
• Arbitration costs shared equally between parties
Communication Requirements:
• All communication must occur through Platform's messaging system
• Subcontractor must respond to Company inquiries within 24 hours
• Emergency contact information must be kept current
Reporting Obligations:
• Progress updates required for assignments exceeding 3 days
• Incident reporting required for safety issues
• Completion documentation required for all assignments
Account Requirements:
• Subcontractor must maintain active Platform account
• Profile information must be accurate and current
• Required certifications must be uploaded and verified
• Account Security: Users are fully responsible for maintaining account security and all activities under their account
• Account Termination: Platform may suspend, disable, or delete accounts for violations or conduct that damages reputation
• Re-registration Prevention: Users whose accounts are terminated for violations may not re-register
Prohibited Activities:
• Contacting clients directly about payment or internal issues
• Sharing Platform access with unauthorized persons
• Violating Platform's terms of service
• Engaging in fraudulent or deceptive practices
• Unlawful Purposes: Using Platform for any unlawful purpose or to solicit others to perform unlawful acts
• Harassment/Discrimination: Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• False Information: Submitting false or misleading information
• Malicious Code: Uploading or transmitting viruses or malicious code
• Spam/Phishing: Spamming, phishing, pretexting, spidering, crawling, or scraping
• Security Circumvention: Interfering with or circumventing Platform security features
Definition:
Events beyond reasonable control including natural disasters, government actions, pandemics, or other emergencies
Effect:
• Parties excused from performance during force majeure events
• Reasonable efforts required to resume performance when possible
• Platform may suspend operations during extended force majeure events
Governing Law:
• This agreement governed by [STATE] law
• Jurisdiction: [COURT SYSTEM]
Severability:
• If any provision is invalid, remaining provisions remain in effect
• Invalid provisions replaced with valid provisions achieving same purpose
Entire Agreement:
• This agreement constitutes the entire understanding between parties
• Modifications must be in writing and signed by both parties
• Platform terms of service incorporated by reference
Assignment:
• Subcontractor may not assign this agreement without Company consent
• Company may assign this agreement to affiliates or successors
Platform Operator Rights:
• Platform Operator reserves right to modify Platform terms at any time
• Continued use of Platform constitutes acceptance of modified terms
• Platform Operator may suspend or terminate accounts for violations
Amendment Process:
• Modification Rights: Platform Operator reserves right to modify this agreement at any time
• Notification Methods: Changes will be posted on Platform with updated date, email notification, or other methods at Platform's discretion
• Effective Date: Updated terms effective immediately upon posting unless otherwise specified
• Continued Use: Continued use of Platform after effective date constitutes acceptance of changes
Digital Agreement Acceptance:
• By accessing and using the Platform, users automatically accept these terms
• No physical signature required for agreement formation
• Continued use of Platform constitutes ongoing acceptance
Agreement Formation:
• Agreement formed when user creates account or uses Platform services
• Electronic acceptance has same legal effect as physical signature
• Users acknowledge they have read, understood, and agree to be bound by these terms
Modification Acceptance:
• Platform may modify terms at any time
• Continued use after modification constitutes acceptance of new terms
• Users will be notified of changes through Platform interface
Withdrawal of Consent:
• Users may withdraw consent by terminating their account
• Withdrawal does not affect obligations incurred before termination
• Platform may suspend or terminate accounts for violations
Platform Support:
Email: support@eapotech.com
Phone: (800) 705-4429
Website: https://www.eapotech.com
Legal Inquiries:
Email: legal@eapotech.com
Document Information:
Version: 2.0
Last Updated: [DATE]
Effective Date: [DATE]