booking help FOR MOVING COMPANIES

BOOKING HELP CONTRACT FOR MOVING COMPANIES 

1) Open Market Listing And Booking-Help Service 

If you (the undersigned, you, your) sign this contract this will result in you and your (self owned) independent moving company agreeing to receive booking help from A Great Moving Crew (AGMC, we, our, us) according to the terms and conditions in this contract.  This booking help would be through AGMC's open market listing and booking help service, which helps shopping customers connect and book appointments with independent moving companies. This listing and booking-help service operates very much like Home Advisor, Angie's List, Priceline, and Movinghelp.com.  You define and update your company's services offered, rates, fees, policies, availability schedule and any special instructions you are directing AGMC to follow when helping book appointments for you.  Your company's listing advertisement on AGMC's website will then be updated accordingly. 

2) Job Offers That fit Your Directions

If and when your moving company's services are chosen for a job appointment, AGMC will pass along to you the customer's job offer information in the form of a text message sent to you through AGMC's phone number describing the customer's desired instructions, job start time, appointment details, and contact information.  You would then need to accept or decline the customer's appointment offer by text.  By accepting a customer's job appointment offer, you are confirming that the texted job date, start time, crew size and other details of the offered job fall within the parameters of what you have directed AGMC to try to help arrange for you according to your instructions, or else you agree to decline the job offer.  This arrangement is AGMC working for you, directed by your instructions, not vice versa.  If you have requested AGMC's help to find some extra helpers for the job, AGMC could include names of some optional freelancers you could choose to hire as well. You and your company would be responsible for providing the customer your own job estimate as soon as possible, prior to the appointment, or at least upon first arriving at an appointment. 

3)  You Would Be Working Directly For The Customer, Not For AGMC  

If in a job offer description text from AGMC, your company's name (or your name) is used in conjunction with the term "Lead moving company" or "Lead"  (for short), and if you reply by text with your indication of acceptance, that would constitute you (and your company) contracting to be "The" moving company that is being hired by the moving customer named in that text (the last name stated in the text), with you and your company taking sole responsibility and liability for all aspects of that moving job, including for damages; choosing, hiring and paying your crew; injuries: collecting the service bill; tickets; thefts; losses, fines, penalties; worker's comp, taxes, and for everything else about that job.  You take sole responsibility for having any needed licensing, certifications and insurance that may be required for any work types you undertake or offer.

4) You Would Be Solely Responsible For All Potential Liabilities Of The Job 

For any of these jobs that AGMC helps book for you, AGMC would be acting only as an open market listing and booking help service, and you (and your company) would not be working for AGMC, nor be operating as a partner, subcontractor, agent or employee of AGMC.  Upon your first contact with your customers you are responsible for double checking with the customer to make sure they understand they are hiring your company and not AGMC, and so you take full responsibility for a customer misunderstanding this distinction if you fail to clarify this with the customer before beginning work. .  You declare that your company name is registered with the state. You are responsible for doing your own withholding and reporting directly to tax authorities, as your own separate business entity.  You agree to count AGMC's booking fees as your

advertising expense, not a 1099 contractor fee. 

5) Movers Working On Your Job sites Are Working For You, Not For AGMC

         You agree that any movers that work on any of your AGMC referred job appointments will be either yourself, your legal employees or freelance independent contractors working for you, with you being solely responsible for their conduct, pay, injuries, worker's comp and unemployment claims. You agree to make it clear to any movers working on your jobs that they are working for you and your company, not AGMC.   If AGMC is ever charged for worker's comp, unemployment claims, damages, taxes or ODOT fines for any jobs you have done (without exception), you agree to reimburse AGMC for those charges immediately (and any attorney fees needed to collect them), regardless of any related agency definitions, classifications or findings.

6) AGMC Does Not Cover You If Something Goes Wrong. 

         We are a neutral venue for the connection between You and the Customer. You do not work for Us or represent Us. You agree that We are not your employer, and you are not being subcontracted to do work for AGMC.   You agree that We only operate a website and phone answering service that works for you.  We do not provide any endorsement for You or Your Services.  You acknowledge and agree that We do not provide the Services and We are not in any way responsible for assisting You in any manner with Your provision of the Services. We cannot and will not guarantee the ability of a Customer to complete payment for any of the provided Services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations made with regard to the Services you provide are not provided by Us and are specifically and solely between You and the Customer. You agree to release Us from any and all liability associated your jobs. You agree that if the customer does not pay you for your job, it's the customer that owes you, not AGMC, and you will not hold AGMC responsible for job payment or for compensation for the customer cancelling their job appointment at the last minute. 

7) Booking Fees  

        The initial booking fee you agree to pay AGMC for this booking-help service is $20 per man hour of labor you charge your customer on a job, or $65 total for 2 man 2hr minimum jobs, to be calculated based on a picture of your customer's job invoice you are agreeing to text to AGMC by the end of the day of the job, and to be paid by you to AGMC by Venmo by the end of the day of the customer's payment form clearing.   However, while any invoice pictures or payments are late past this deadline the booking fee raises to $22/mhr. for all jobs, and any further booking help from AGMC should be expected to be restricted or cease entirely at AGMC's discretion.  Each booking fee that becomes over one month late past its due date adds a $25 late payment fee, and begins to accrue an interest penalty of 30% APR.   While a company maintains a history of sending its last 50 invoices & booking fees on time (& doesn't owe any past booking fees), the booking fee drops to $17/mhr, or $45 total for a two man two hr. min job.  

8) Listing Order Determination and Job Offer Frequency

You agree AGMC has the right to use its merit based point scoring system to determine the listing order that moving companies are presented to customers, which is a prime factor in the frequency of job offers you might get through AGMC's service.  This system could result in a job offer frequency for you that could range from lots of job offers to none at all, or it could vary quickly or end abruptly, so you agree to not rely on AGMC's platform as your sole source of customers, and you agree that you would never be "owed" any job offers beyond whatever job offers you get.

9)  Modification of Agreement:

         We may modify the Agreement by emailing to you at your provided email address, a copy of the modified Agreement. The previous Agreement version remains in effect for 60 days after the modified Agreement was emailed to you, and the new modified Agreement takes effect on the 61st day after modified Agreement was emailed to you.  If You decline to agree to the new modified Agreement, then You must terminate this Agreement immediately with notice to Us by an email you send to us at solidstateuniverse@yahoo.com, no later than thirty (30) days after the modified Agreement is sent to You by Us. You agree that Your continued participation in accepting job offers through AGMC's services sixty (60) days after the modified Agreement is sent to You constitutes Your express consent and agreement to the Modified Agreement and all of its terms and conditions. This Agreement shall not be modified, amended, and or changed in any manner by You outside of these documented Agreements.

10) Severability.

         If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or Arbiter, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.  The parties agree that any such invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving as much as possible of the original intent of words.

11)  Confidentiality and Non-slander Agreement

In order to protect the confidential, proprietary, and trade secret information of the parties, AGMC and You agree to enter into a confidentiality agreement.  You agree that whatever disagreements, issues or claims that might arise between you and AGMC, you agree to try to resolve those issues only directly with each other or through the Arbitration process described below, and specifically not use any public media or public agency to air grievances or try to threaten or harm each other financially or via reputation.  This includes you agreeing to not write bad online or public media reviews about AGMC,  you prompting other people to do so, or you contacting governmental agencies to try to get AGMC in trouble with those agencies. An exception is that AGMC is allowed to review your company on AGMC's website. You agree that if an Arbiter deems you or AGMC to have violated this agreement, the penalty would be a $1,000 fine per instance, plus full compensation for any losses experienced from those violation contacts.

12) Arbitration Agreement

         You agree that any and all Claims between You and AGMC shall be submitted only to binding arbitration, to be resolved by one (1) arbitrator (the  “Arbitrator”) through final and binding arbitration on an individual basis only and not by court or jury trial, or by class collective, or representative action. The arbitration shall be administered by Judicial Arbitration & Mediation Services (“JAMS”) in accordance with this Arbitration Agreement and the JAMS Streamlined Arbitration Rules and Procedures (https://www.jamsadr.com).   

         The party bringing a Claim must send by text, email AND certified mail, (all 3), a written notice of the Claim dispute (“Notice”), which shall include identification of the parties thereto, a statement of the legal and factual basis of the Claim(s), a summary of the evidence intended to be used, and a specification of the remedy sought.  A Claim must be sent to all three locations of the recipient party, text, email, and mail.  To AGMC, that would be:  text # 541 636-7386, email: solidstateuniverse@yahoo.com, and mailing address: P.O. Box 147, Walterville OR. 97489. To you it would be to these three contact forms you enter below in this contract.   It is agreed that if a party does not respond within 30 days, the non-responsive party forfeits any rights do dispute the Claim, and the Claim will be automatically awarded to the Claim issuing party.  If the parties do not resolve the Claim within sixty (60) days after Notice is received by the recipient, or within five (5) business days of the recipient party’s written denial of any Claim, the petitioning party may commence an arbitration proceeding by filing a demand for arbitration and serving the recipient party by all three contact methods described above. The Arbiter shall retain jurisdiction to resolve issues between the parties concerning interpretation and application of the Arbiter's decision. Such post-decision issues shall be resolved based on written submissions only.

         The Arbiter shall be chosen by AGMC from the selection of regular practicing professional arbiters in the Eugene/Springfield area, with you having the right to strike any one single Arbiter selection that AGMC has proposed if you don't feel that Arbiter is sufficiently neutral for your liking. The location of the Arbitration shall be in the city of Eugene, chosen by AGMC.  The Arbitration shall be subject to the exclusive jurisdiction of the courts located in Eugene Oregon.  The Federal Rules of Evidence shall apply.  The Arbiter's judgment on the award may be entered in the court having jurisdiction.

         The Arbiter's fees shall be initially shared equally by both parties, but if a party doesn't pay their share of the required Arbitration fee in time that party is to be deemed to have lost the Claim.  If the Arbiter deems that a party is in the wrong, that "wrong" party shall reimburse the party who was deemed "right" the in the wrong is to be charged the full price of the Arbitration you are the party in the wrong, the arbiter is to order the Arbiter's fees to be added to what ever other award the Arbiter deems you owe AGMC.

         The Arbitrator shall; 1) be bound by the terms of this Arbitration Agreement; 2)  Decide all issues based primarily on this contract, and the evidence and arguments submitted by the parties, with much lesser weight considered for other governmental agency definitions and classifications;  3)  Issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based and to identify the specific types of damages awarded, if any; 4)  Award any form of individual relief, including equitable relief, injunctions, and other relief available under applicable law; 5)  Make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceedings; 6) Apply a statute of limitations to all Claims as though such Claims were brought in an appropriate court of competent jurisdiction.

Your moving company name: ___________________________________________________

Your printed name: _____________________________________________  

Phone: ____________________________________

Signature: ______________________________________        Date:____________________

Address:  ____________________________________________________________________

Mailing Address if Different than physical address: _________________________________________________

__________________________________________________________________________________________

E-mail: ______________________________________________________________________