Independent Contractor Agreement
This is an earlier version. Read the current version
This Independent Contractor Agreement is between you and AVERENTIUM LLC ("Averentium") and is part of the agreement described in the Terms of Service. It governs any work you do through Help. It takes effect the first time you accept a job and applies to every job after that; if you only post jobs it does not bind you until you do.
1.The relationship
You are an independent contractor. You are not an employee, agent, partner or joint venturer of Averentium or of any poster, and nothing in this agreement or in Help makes you one. Each job is a separate contract between you and the poster who posted it, formed when you accept it. Averentium operates the marketplace, collects the poster's payment and pays you, and is not a party to that contract.
2.Your independence
You decide whether to work, which jobs to accept, when, and how to do them, using your own skill and judgement. You supply your own tools, equipment, vehicle, materials and supplies and you bear your own expenses, unless a job description says otherwise and the poster agrees. You may work for anyone else, including other marketplaces, and you may advertise your services elsewhere. Averentium does not set your hours, does not supervise your work, does not train you, does not require you to accept any job, and does not restrict who you work for. You may not hand a job you have accepted to someone else, because the poster accepted you.
3.Doing the work
You agree to do each job as described, competently, safely, lawfully and on time; to start it only when you are at the address; to capture the completion photographs the app asks for; to hold any licence, permit or registration the work requires; and to treat the poster, the address and its occupants with respect. You are responsible for any damage or injury you cause.
4.Compensation
For each job you complete you receive the full amount the job was advertised at, plus any tip in full. Averentium's service fee is charged to the poster and is never deducted from your amount. Payment is made by transfer to the payout account Stripe provides for you inside Help after the poster confirms completion, as the Payment Agreement describes. Except as this agreement and the Payment Agreement provide, you are not entitled to any other payment, reimbursement or benefit from Averentium.
5.No benefits, no insurance
Because you are not an employee, Averentium does not provide wages, overtime, paid leave, health insurance, retirement contributions, unemployment insurance, workers' compensation or any other employment benefit; does not withhold income or employment taxes from your payments, other than backup withholding when the law requires it; and does not insure you, your vehicle or your equipment. You are responsible for your own insurance.
6.Classification
Averentium treats you as an independent contractor and reports payments to you on that basis. Whether a working relationship is employment or independent contracting is decided under the law by the facts of the relationship, and the Internal Revenue Service, state agencies and courts are not bound by what the parties call it. Averentium gives no assurance about how any authority will classify you or treat your income, and nothing in this agreement or in Help is tax, legal or accounting advice. If an authority determines that you are not an independent contractor, this agreement continues to apply to the fullest extent the law allows.
7.Taxes
You are responsible for reporting your earnings and filing and paying all federal, state, local, and other taxes applicable to you. Help and AVERENTIUM LLC do not prepare or file your personal income tax return. When required, AVERENTIUM LLC or its payment and tax reporting provider may report payments made to you to federal or state tax authorities and provide you with applicable tax documents.
Averentium performs the obligations of a payer: it collects your taxpayer information, prepares, files and delivers any Form 1099 the law requires, issues corrections, applies backup withholding when the law requires it, and keeps the records. It does not prepare, review or file your personal return, does not estimate your tax, and does not offer any tax preparation product or integration.
8.Tax information
Before you are paid you provide your legal name, address and taxpayer identification number, and certify that they are correct, in the tax information screens that Stripe provides inside Help; this takes the place of a paper Form W-9. Averentium never receives or stores your Social Security number. You agree to keep this information accurate and to update it in the app when it changes. If Stripe or a tax authority reports that your information is missing, incomplete or does not match its records, Help shows that your tax information needs attention, and you must correct it before further payments are released.
9.Backup withholding
If you do not provide a valid taxpayer identification number, or the Internal Revenue Service notifies Averentium that backup withholding applies to you, Averentium may be required to withhold a percentage of each payment to you at the rate federal law sets (twenty-four percent as of the effective date of this agreement) and to remit it to the Internal Revenue Service. Amounts withheld are reported on your tax form as federal income tax withheld and are credited against your tax by the Internal Revenue Service; they are not refunded by Averentium. Averentium does not withhold unless the law requires it, and gives no assurance that withholding will not be required.
10.Tax documents
When your payments in a calendar year reach the reporting threshold the law sets for that year, Averentium, through Stripe, files a Form 1099 with the Internal Revenue Service and, where required, with state tax authorities, and delivers a copy to you by the deadline the law sets. The amount reported reflects the payments made to you in that year, less any reversal the law allows to be netted. Below the threshold no federal Form 1099 is issued, and you remain responsible for reporting your income. Help also shows a Help Tax Summary for each year for your recordkeeping convenience; it is not an official tax document, and your official tax document is your Form 1099. If you believe your name, address, taxpayer identification number or reported amount is wrong, or that you received a duplicate form, report it from the Documents screen; a filed form is changed only through the formal correction process, and every version is kept.
11.Electronic delivery of tax documents
You consent to receive your tax documents electronically, in the app and by email notice, instead of on paper, and you confirm that you can open and keep a PDF document. You may withdraw this consent, or ask for a paper copy, at any time from the tax information screens or by writing to the support address published on averentium.com; a withdrawal takes effect for documents not yet delivered. This consent is recorded with your payout account and is separate from the general electronic communications consent in the Terms of Service.
12.Your payout account and Stripe
Your payout account is a connected account provided by Stripe under the Stripe Connected Account Agreement at https://stripe.com/connect-account/legal, which you accept by completing worker setup as the Terms of Service describe. You agree to give Stripe truthful information, to complete any verification Stripe requires, and to keep your bank details current. Averentium may share your name, contact details, address, date of birth, tax information status and job history with Stripe to open and maintain the account, to prevent fraud and to meet tax reporting obligations. Averentium may hold payments while your account is restricted by Stripe or while verification is pending.
13.Your promises
You confirm that you are at least 18, that you are legally allowed to work in the United States, that the information you have given is true, that you hold any licence the work you accept requires, and that nothing in your history makes you unsafe to admit to another person's home.
14.Term and ending it
This agreement lasts while you have a Help account. Either of us may end it at any time: you by closing your account, Averentium by closing it under the Terms of Service. Ending it does not affect a job already under way, a payment already owed, or the tax, record-keeping and indemnity obligations in sections 6 to 12 and 15 to 17, which survive.
15.Indemnity and liability
You agree to indemnify Averentium as the Terms of Service and the Waiver and Release provide, including against any claim by a poster or a third party arising out of a job you performed, and against any tax, penalty or interest assessed on Averentium because information you gave was wrong. Averentium's liability to you is limited as the Terms of Service provide.
16.Disputes and governing law
This agreement is governed by the laws of the State of Florida and is subject to the informal resolution, arbitration and class action waiver provisions, the opt-out and the venue provision in the Terms of Service, which apply to it as if set out here.
17.General
This agreement, with the Terms of Service, the Privacy Policy, the Waiver and Release and the Payment Agreement, is the whole agreement between you and Averentium about your work through Help. Nothing in it waives a right that cannot be waived under the law that applies to you. If any provision is held unenforceable, it is limited to the extent necessary and the rest continues to apply. Changes are made as the Terms of Service describe, with a fresh acceptance.