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Please read the agreement for becoming a moving labor provider with J Sutton and Co. Moving Services LLC.
Moving Associate Agreement
You acknowledge and agree to the following terms and conditions when You use the J Sutton and Co. Moving Services LLC Our responsibilities are specific and limited to the terms of this Agreement. Before being accepted as a provider you must read, acknowledge and accept all of the terms and conditions contained our Agreement which are those terms, conditions and definitions expressly set out below.
Please read the J Sutton and Co. Moving Services Agreement below before you click “I agree” to accept the terms and conditions.
To the extent that the provisions of any additional terms conflict with these Conditions of Use, the provisions of the additional terms will govern. References to "J Sutton and Co," "J Sutton & Co," "our," "we," or "us" may refer to J Sutton and Co. Moving Services LLC, J Sutton and Co Moving Services, LLC, and their affiliates, subsidiaries, and designees.
2. Consideration. In consideration of the service provider’s execution of this Agreement, you shall hold the position of “laborer, moving associate” as an at-will service provider of J Sutton and Co. Moving Services LLC. and shall receive payment as set forth in this Agreement. You acknowledge the receipt and sufficiency of this consideration.
3. Definitions: A. The following is a non-exhaustive list of definitions that shall apply to the use of this Website; other definitions are included throughout the text:
• "You", "Your", "User", "mover", "moving associate", "service provider" - you, individually, or You for and on behalf of, an entity, organization or corporation, who provides services, such as moving labor help services and others, to the consuming public;
• "We", "Us", "Our" – J Sutton and Co. Moving Services LLC., a New York Limited Liability Company with a principal place of business in Bronx, New York;
• "Services" - The services that You offer to provide and/or provide to the consuming public;
• "J Sutton and Co. Moving Services LLC" or "Website": Our website located at www.jsuttonandco.com
• "Customer(s)" - individual who desires to obtain Services;
• "Agreement" - the agreement for use of the J Sutton and Co. Moving Services LLC website (www.jsuttonandco.com);
2. The undersigned have executed an agreement (“Agreement”) dated 9 May 2017, which is hereafter incorporated by reference as if fully set forth herein. In furtherance of that Agreement, the undersigned agree that as a condition for moving work ["you”] are contracting with J Sutton and Co. Moving Services LLC, its subsidiaries, affiliates, successors or assigns (together the “Company”), and in consideration of continued contracting with the Company and receipt of the compensation now and hereafter paid to You by the Company and the Company’s promise in Section 1(a), the Independent Contractor agrees to the following terms and conditions.
3. Labor Only: You agree that the website is a venue that provides jobs and that your participation is for labor only. The services you offer will be for labor services only. You agree that your services will only involve labor. You agree and acknowledge that moving is a physically demanding job, so you must be in good physical condition and able to lift heavy objects repeatedly over periods of many hours. You agree that You will not use You acknowledge that you will not use J Sutton and Co. Moving Services LLC or www.jsuttonandco.com as a means to market or solicit any services that involve something other than only moving labor without the express written consent of the J Sutton and Co. Moving Services LLC.
4. Qualifications of Use of Website. To qualify as a mover with J Sutton and Co. Moving Services LLC. You agree that you are must be legally binding contract applicable to all laws.
As Moving Labor Help, you acknowledge that you are able to perform the actual loading and unloading of furniture and goods, must be able to carefully and efficiently wrap and pack household goods to prevent damage while moving. You also have a limited knowledge needed to assemble and disassemble furniture
As a driving help, you acknowledge and agree that you have a valid driver’s license from any state, that you are able to drive a rental moving trucks ranging from vans to 26’ while being responsible for all applicable laws. You are able to keep track of mileage for your pay and fuel purchases for your reimbursement calculations.
Our website is also not intended to be accessed or used by a suspended or terminated J Sutton and Co. Moving Services LLC providers. By agreeing to this agreement, You agree to abide by, comply with and participate in any and all policies and procedures of J Sutton and Co. Moving Services LLC and its plans, most of which are explained in this agreement or your www.JSuttonandco.com account.
5. Uniforms, Equipment: J Sutton and Co. Moving Services LLC shall provide company shirts and equipment on an “as needed basis” All uniforms and equipment shall remain the sole property of J Sutton and Cc. Moving Services LLC. You agree that your loss of or failure to return any uniforms or equipment will result in pay deductions, withholdings or reimbursements to company.
6. Property Damages: You agree and acknowledge that all persons providing a service under this agreement will commit no damage to any customers facilities/property and that if such damage occurs, You will reimburse J Sutton and Co. Moving Services LLC the cost of repair or replacement as deemed necessary
7. Invoice Disputes. If the customer disputes an item invoiced, you agree that the disputed item will be delayed for payment until settlement of the dispute, while the undisputed part shall be paid in accordance with this agreement. You acknowledge and agree that you will perform quality of the work in accordance with J Sutton and Co. Moving Services LLC training, to prevent any invoice dispute circumstances.
8. Termination. You acknowledge and agree that nothing in this Agreement is a guarantee or assurance of employment and employer relationship for any specific period of time. Rather, you understand that you are an at-will service provider and that we have the right to terminate this Agreement and Website upon 20 days’ notice at any time with or without any cause or notice to you. You are similarly free to resign at any time for any reason. You have the right to terminate this agreement upon written notice by email to email@example.com.
9. Effective Offer and Acceptance for Services: You hereby understand and agree that once we offer you job request for labor services, we are effectively asking you to enter into a contract with us, and if you accept that offer, you are thereby agreeing to enter into a binding contract with us. You understand and agree that you could be held liable for breach of duties by not performing such agreed labor.
10. Payment for Services: For the services rendered by You as required by this Agreement, J Sutton and Co. Moving Services LLC will provide compensation (the “Compensation”) to the You as follows:
• J Sutton and Co. Moving Services LLC will pay You per project agreed. Each project has its own hourly costs and You agree to inform the customer and J Sutton and Co. Moving Services LLC of any additional hourly cost when required exceed the prepaid hourly agreed upon Quotation.
Job Status Hourly Rate
Moving Associate $15-17
Move Coordinator $18-20
Driver Truck Pickup $30 (10-Miles Included)
11. Additional Services: If at any time, and for any reason, the scope of the Services has changed in such a manner that in addition to the agreed upon Services, You provide customer with additional Services outside the scope of the companies list of services, and You charge the Customer for those additional Services, You agree and shall do the following:
(1) The additional Services that you provided will and shall be reported to us; (2) You will report to Us the total amounts charged for such Services, and;
(3) You agree and acknowledge that you will remit payment to Us (as an additional commission Fee) calculated as a 15% cut from the total amount charged by You for those additional Services. Your obligations to report and remit payment to Us under this provision shall be performed no later than five (5) calendar days from the date that the additional Services were provided.
12. Reimbursement of Expenses: J Sutton and Co. Moving Services will reimburse You for travel fee expenses incurred for your travel from and to the outside the local public transportation regions while in connection with providing the Services of this Agreement. Any secondary travel must be paid by the customer and collected by you. All secondary travel fees shall only be collected upon the company’s direction.
13. Authorization to debit monies owed: You agree and irrevocably and expressly authorize us to credit monies owned to your account that you have identified for us to do so.
You further agree and authorize us to withhold any monies and/or debit any monies from any owed to you for any customer disputes, charge backs, fees, costs, deductions, adjustments and any other amounts owed to Us.
You agree and shall indemnify, defend and hold Us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
14. Provision of Extras The Customer shall provide resources, assistance or extras for use by the You in providing the Services, except when J Sutton and Co. Moving Services stipulate otherwise.
15. Customer Payment Collections: You further agree to inform and collect by credit card all overtime monies due using the company issued square device. You agree to make sure all payments of monies owed are paid by customer before leaving the job site. You acknowledge that until the invoice is paid in full by the customer it becomes an Invoice dispute in accord with line 7 of this agreement.
16. Changes & Cancellations: You acknowledge and agree that the Customer is entitled to make changes to, and cancellations of, the Services. If as a result of such changes by Customer, You are unable to perform the Services, You agree to use all reasonable efforts to timely inform the Company. You agree to hold Us harmless from any claims, cost, expenses, losses, and liabilities resulting from Customer changes or cancellations.
17. Release/Waiver of Liability: The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
18. Right to Reject or Remove Associate: J Sutton and Co. Moving Services is a website that we allow you to participate free of charge without sign-up fees or costs. You agree and acknowledge that we reserve the right to reject your participation, or remove you from participation for any reason or no reason at all and without due notice to you. Events that may cause your removal shall include any attempt by You to improperly influence, or cause another to, improperly influence the review of the Customer; any attempt by You to harass, or cause another to harass, or commit inappropriate communications with a Customer and/or a failure to deliver the promised Services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of Our representatives; Your failure to make full disclosure on Your Moving Helper Profile as discussed above.
19. Injuries: You agree and acknowledge your obligation to obtain appropriate insurance coverage for the benefit of customers and J Sutton and Co. Moving Services LLC employees. You agree and waive any right to recovery from customer, landlord, building owners and J Sutton and Co. Moving Services LLC for any injuries that you may sustain while performing services under this agreement as a result of the negligence of customer or J Sutton and Co. Moving Services LLC employees.
20. Identification: You agree and acknowledge that we may ask for your identification to submit for verification by Accurint ID. The verification of Your identity will NOT include a criminal background check or a credit background check.
21. No Felony Convictions: You represent and warrant that You, and any individuals associated with You who will perform the Services, have not been convicted of a felony. Furthermore, You represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against You that will prevent You from performing the Services.
22. Fraudulent Activity: You agree that you will cooperate with law officials to the fullest extent of the law if you meet any unlawful allegations that you are any others have committed on your behalf or their own behalf whether it may be fraudulent activity on or through the J Sutton and Co. Moving Services LLC website should it be credit card or other cyber fraud. You agree and acknowledge that we shall provide the necessary documentation and information about you or your account to law enforcement to conduct the necessary investigation into any crime.
23. Indemnification: You shall defend and indemnify and hold harmless Us, our directors, officers, employees, agents, stockholders, affiliates, subcontractors and customers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from or, in connection with the negligent performance or non-performance of services whether it be sole or in concert with others hereunder. Your negligent or intentional acts or omissions; any breach of this Agreement; the conduct of Your business; Your violation of federal, state or city law, rule or regulation; or Your violation of any third party rights specifically including any third party intellectual property rights.
24. Our Relationship; No Employee. Notwithstanding any provision hereof, You represent you are not an (employee or other agent) solely responsible for the manner and hours in which Services are performed, is solely responsible for all taxes, withholdings, and other statutory, regulatory or contractual obligations of any sort (including, but not limited to, those relating to workers' compensation, disability insurance, Social Security, unemployment compensation coverage, the Fair Labor Standards Act, income taxes, etc.), and is not entitled to any to participate in any employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs. You hereby further agree that your provision of services and/or use of the J Sutton and Co. Moving Services LLC website does not confer or imply any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us. You agree to indemnify Company from any and all claims.
25. Assignment: We reserve the right to assign the rights or obligations under this agreement without the prior written consent of the other party. This agreement shall NOT be assigned by you. Any attempted assignment by You is void.
26. Severability. If one or more of the provisions in this Addendum are deemed void by law, including, but not limited to, the covenant not to compete in Section 2, then the remaining provisions will continue in full force and effect.
27. Conflict of Interests: You agree to faithfully perform the duties assigned to you and will not engage in any other employment or business activity while employed by the Company that might interfere with your full-time performance of your duties for the Company or cause a conflict of interest. You agree to abide by all of the Company’s policies and procedures, which may be amended from time-to-time.
28. Confidentiality/Non-Disclosure: As a result of the performance of this Agreement, We will disclose to You or You may otherwise learn of or discover, certain and some of Our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of Our business ("Our Information"). You hereby agree and acknowledge that any and all of Our information is confidential and shall be Our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by this Agreement. Any disclosure of Our Information to a third party specifically including a competitor is strictly prohibited and will be vigorously challenged in a court of law.
Furthermore, you acknowledge and agree that any breach of this confidentiality/non-disclosure provision shall cause Us irreparable harm and as a result, We will have no adequate remedy at law. Therefore, You acknowledge and agree that We have the right to seek and to obtain injunctive relief for any breach of the confidentiality/non-disclosure provision
29. Non-Competition. You covenant and agree that, during the term of this Agreement with the Company and for twelve (12) months after the termination thereof, regardless of the reason for the employment termination, you will not, directly or indirectly, anywhere in the state of New York, on behalf of any Competitive Business perform the same or substantially the same Job Duties.
You represent, warrant and covenant that during the term of this Agreement, that You, for yourself, Your heirs, assigns, successors, shareholders, officers, directors, employees, principals, partners, agents, managers and members, shall not engage in, or assist others in, the operation of an internet based moving labor website similar to Our “J Sutton and Co. Moving Services LLC. www.jsuttonandco.com”. Upon termination of this Agreement for any reason by either party, You represent, warrant and covenant that for a period of one (1) year within the United States and Canada, You, for yourself, Your heirs, assigns, successors, shareholders, officers, directors, employees, principals, partners, agents, managers and members, shall not engage in, or assist others in, the operation of an internet based moving labor help website similar to our “J Sutton and Co. Moving Services LLC”. www.jsuttonandco.com.
You acknowledge and agree that You shall or may in reliance of this agreement be provided access to trade secrets, customers and other confidential data and good will. Provider agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party.
You acknowledge and agree that any breach of this non-competition provision shall cause Us irreparable harm and as a result, We will have no adequate remedy at law. Therefore, You acknowledge and agree that We have the right to seek and to obtain injunctive relief for any breach of the non-competition covenant. In the event any part of this provision is determined to be unenforceable by a court of law, the remainder of this provision shall be enforceable to the fullest extent permitted by such court.
30. Non-Solicitation. During the term of this Agreement and for a period of 1 year after any termination of this Agreement notwithstanding the cause or reason for termination.:
a. Employees. You will not directly or indirectly, on Provider’s own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any officer, director, contractor or employee to leave the Company.
b. Customers. You will not directly or indirectly [,[, on Provider’s own behalf or in the service or on behalf of others]in any capacity solicit, the business of any customer [o[or consultant]f the Company.
c. Business: You will not directly or indirectly, on Provider's own behalf or in the service or on behalf of others, in any capacity divert, entice, terminate or reduce its relationship with the Companies or otherwise take away from the Companies the business or patronage of any Customer, or attempt to do so.
31. Interference. During the course of the Agreement and for a period of 12 months immediately following the expiration or termination of the Agreement for any reason, whether with or without good cause or for any or no cause, at the option of either party, with or without notice, the Independent Contractor will not, either directly or indirectly, interfere with the Company’s contracts and relationships, or prospective contracts and relationships, including, but not limited to, the Company’s customer or client contracts and relationships.
32. Copyright Infringement Policy: Pursuant to 17 United States Code 512(c) (2) ("Digital Millennium Copyright Act of 1998"),
As in accord with the above statute, All notices of copyright infringement should be sent to the below address:
J Sutton and Co. Moving Services LLC
1510 Castle Hill Ave
Bronx, NY 10462
33. Governing Law It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New York, without regard to the jurisdiction in which any action or special proceeding may be instituted.
34. Time of the Essence. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
35. Intellectual Property. All rights to patents, trademarks, copyrights, and trade secrets owned by IDEHL remain the property of J Sutton and Co. J Sutton and Co. does not grant the Client any right or license to any such intellectual property.
36. Entire Agreement This Agreement, which includes Exhibits A and B, represents the entire understanding between the Company, J Sutton and Co. Moving Services LLC, and you on the matters addressed herein and may not be modified, changed or altered by any promise or statement by the Company J Sutton and Co. Moving Services LLC other than in writing signed by you and an authorized representative of Company J Sutton and Cc. Moving Services LLC. The waiver by the Company J Sutton and Co. Moving Services LLC of a breach of any provision of this Agreement by any employee shall not be construed as a waiver of rights with respect to any subsequent breach by you.
37. Integration. This Agreement constitutes the entire agreement among the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements and understandings pertaining thereto.
38. Headings: The headings in this agreement shall not affect the meaning or interpretation of this Agreement or any provision hereof. The headings are inserted for convenience.
39. No Third Party Beneficiary Rights. No provision in this Agreement is intended or shall create any rights with respect to the subject matter of this Agreement in any third party.
You acknowledge that you have carefully read and understand the provisions of this Agreement, and understand that you have the right to seek independent advice at your expense or to propose modifications prior to signing the Agreement and have negotiated proposed modifications to the extent you deemed necessary. Nothing contained in this Agreement creates a contractual right to a continued employment for a definite term. You represent and warrant that you have entered into this Agreement voluntarily and after consulting with whomsoever you wished.
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