Zing Contractor Addendum
This Zing Contractor Addendum is an addendum to the Terms and Conditions between you and Zing and it sets forth additional terms and conditions that are applicable to your provision of Services through the Zing Platform. Capitalized terms herein have the meaning set forth in the Agreement.
1. Contractor Fee
You are entitled to a Contractor Fee for the Services you perform for Clients, as provided in the Agreement and this Contractor Addendum. The “Contractor Fee” for a completed job consists of incremental amounts based on the actual time as measured by Zing. The incremental amounts shown in your Payment History are personal to you. The payment history amounts may vary by including but not limited to by factors such as your rating, experience level, the date you applied or became approved as a contractor, and the type of service you are providing (for example, Entry, Basic, Skilled, Expert levels). The rates paid by the Clients for whom you will be providing your Services will apply to that job. Please note that each client might offer different pay structure even if they are similar category of clients. In situations where a Client cancels your job in violation of Zing’s cancellation policy, we may charge the Client a cancellation fee on your behalf. In those cases, you will earn a Contractor Fee in the amount of the cancellation payment.
Access to Zing platform may not be set or available to you until you are an approved contractor, and you agree Zing makes no representation or warranties concerning the payment amounts. Your payment amounts are subject to change in Zing’s discretion and any changes shall be published on Zing Platform. By continuing to use the Zing Platform, you are deemed to accept these changes.
2. Additional Payments to You
In addition to the Contractor Fee, you will receive the following payments, if applicable: (i) any tips provided by a Client to you, (ii) any bonuses or incentives you earn based on your provision of Services.
3. Payments, Adjustments and Settlement
Zing will collect payments owed to you by Clients and other third parties as your limited payment collection agent and you agree that the receipt of such payments by Zing satisfies the payer’s obligation to you. Zing reserves the right to adjust or withhold all or a portion of a Contractor Fee or other payment owed to you (except tips) (i) if we believe that you have attempted to defraud or abuse Clients, Zing or Zing payment systems, or (ii) in order to resolve a Client complaint (e.g., you have not provided the services mentioned in the quote in the most efficient and professional manner or you have not started or ended the Services on time ). Zing’s decision to adjust or withhold the Contractor Fee or other payment in any way shall be exercised in a reasonable manner. We will use reasonable efforts to ensure that your Contractor Fee and any other payments to you will be paid to you on at least on a weekly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
4. Client Charges
Zing will charge the Client an amount calculated by Zing on your behalf of Services you perform for Clients (the “Client Charges”). Client Charges may be determined after the job is completed based on the time of the job and the rates the Client offers. Your payment for services shall be the Contractor Fee as described in Sections 1-3 above. Clients may elect to add an additional tip to you on top of the Client Charges. The tip shall be paid entirely to you and shall be considered separate from the Client Charges. Unless we indicate to you otherwise, the Client Charges includes the Contractor Fee, fees retained by us (including the Service Fee and Platform Fee described below), and any Third Party Fees. “Third Party Fees” include any taxes imposed on the provision of Services.
5. Zing Fees
In exchange for your use of the Zing Platform and the services provided by Zing to you, you agree to pay Zing (and permit Zing to retain) a service fee (“Service Fee”) and platform fee (“Platform Fee”) based on each job you provide.
The Service Fee shall be a set amount for each service as set forth in your Dashboard.
The Platform Fee shall be a variable amount equaling the Client Charges minus: (i) the Contractor Fee, (ii) the Service Fee, (iii) any Third Party Fees that Zing collects, and (iv) any bonuses or incentives you earn based on your provision of Services.
6. Payment Processing
Payment processing services are provided by third-parties (i.e Stripe and subject to the third-parties Connected Account Agreement.
By using the Zing Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Zing enabling payment processing services through Stripe, you authorize Zing to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by the Agreement and your relationship with Zing. You further agree to provide accurate and complete information about you and your business, and authorize Zing to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe.
Zing reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
7. Verifications and Background Checks
You represent and warrant that You have provided accurate information to Zing about your background and credentials prior to entering into this Agreement. Zing reserves the right to carry out investigations to determine that all contractors are and remain qualified, able and suitable to perform the Services with appropriate care, skill and diligence. For certain Services, further verifications may be conducted from time to time even after You are registered as a contractor on the Zing platform
8. Independent Status
You acknowledge that you are an independent contractor and not an employee of Zing and that Zing has advised You to seek independent tax counsel regarding independent contractor status so that You can satisfy yourself that on entering into this Agreement, You will in fact have independent contractor status for all purposes including income tax purposes. For greater certainty, You are solely responsible for your own statutory remittances including but not limited to income tax, CPP, EI and any other similar taxes or contributions as are legally required.
You represent and warrant to Zing that you understand and agree that You are not an employee of Zing and will not be entitled to: (a) any remuneration from Zing; (b) participate in any of Zing’s employee plans, programs or benefits whatsoever, now existing or hereinafter established from time to time; or (c) receive any vacation time/pay, public holiday pay, paid leaves of absence, etc., which are only granted to employees of Zing. You agree to indemnify and save Zing and its owners, officers, directors, employees and agents harmless from and against all claims, actions, demands, suits, liabilities, losses, expenses, penalties, interest, costs or damages of every nature and kind whatsoever which Zing and/or its owners, officers, directors, employees and/or agents may have or suffer, arising out of any finding at any time by any court, tribunal or administrative body that you are actually employees of Zing. Without limiting the generality of the foregoing, You shall have no authority, without the written authorization of Zing, to bind Zing in any act, promise, representation or contract, or to bind Zing to perform any obligations to any third party. You shall not hold yourself out as being employees, partners, affiliates, or agents of Zing.
9. Promotions and Coupons
Zing may, at its discretion, offer promotional or other Coupons to Clients, however such discounts shall not impact the Contractor Fee or any other payments owed to you.
10. No Additional Amounts
You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Zing and its Affiliates may seek to generate additional demand for your Services from new and existing Clients. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement and Contractor Addendum.
11. Clients Cancellation policy
If a client do no longer need the services of a contractor, they can cancel it. To compensate you for losing the opportunity to accept other offers, we’ll apply a cancellation fee or penalty for specific quotes.
12. Contractor cancellations
Cancellations are a bad experience for all parties, so we recommend using discretion when cancelling Services. Contractors can cancel a Service and they have the choice between either ‘Cancel’ or ‘No-show.’
Of course, we know there are times when it’s perfectly reasonable for you to cancel a job you’ve already accepted, such as:
- You or a loved one has an emergency
- Client verbally or physically threatens your safety
In any of the above situation, contact us right away.
13. No Shows
If You cannot make to a Service that you have agreed to work, You must inform Zing through the website or the Zing app at least 48 hours prior to the Service start. If You fail to provide at least 48 hours of advance notice that you cannot provide the Service or if you are a no-show to a Service, your contractor status on the Zing platform might be terminated without prior notice.
14. Cancellations and acceptance rate
Client cancellations not processed through the Zing Platform will be assumed to be not cancelled. Such Services will be processed as usual, and may result in a “No Show”, causing a bad rating and/or no cancellation payment to You. It is your responsibility to have the Client cancel appropriately or contact Zing so we can process the cancellation properly. If you’ve arrived at a Service site and the client has told you the Service is cancelled after you’ve tapped to arrive, follow the client cancellation policy above and your acceptance rate will not be affected.
LAST UPDATE: February 15, 2019