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Policies

The following are terms by which all users ("Users") of the OnForce platform (the "Platform") must abide in order to access and use our products and services. Your use of the Platform is contingent upon your review and acceptance of these policies (the "User Policy"), including the referenced legal terms and conditions (legal terms), and the privacy statement (legal terms).

The Platform includes all web sites operated by OnForce. It includes all the services and information available to Users after login and/or via secure access, all domains and sub-domains owned and registered by OnForce, all applications, the APIs, our forums, and all communication tools provided by OnForce.

These terms are effective September 5, 2007.

By using our Platform or signing up for our service, you are agreeing to the terms of this User Policy and additional legal terms found here.

Guiding Policies

While every policy contained on our Platform is important, the following are the key principles to using the Platform. You and your employees agree to:

• Acknowledge the Marketplace - OnForce has created a marketplace to connect buyers and sellers of service using our tools. We are not a service company and we do not employ the Professionals whom you may engage through the Platform (legal terms). We build tools and processes to deliver an exceptional marketplace experience - but we do not manage individual service events or individual Professionals.(legal terms)

• No Theft - Never steal information, content, or assets (including people) from the Platform. Buyers and Professionals agree not to recruit Users to be employees, contractors, or customers outside of the Platform. (legal terms) All content found within the Platform is owned or licensed by OnForce (legal terms). Additionally, all processes and work product are proprietary and protected by this User Policy.

  Users agree not to copy, reproduce, modify, create derivative works, or publicly display any content without our written permission. (legal terms) Additionally, Users agree not to create similar platforms or businesses based on processes or content within the Platform unless as an approved partner through our APIs with specifically approved activities. (legal terms)

• Don't Break Laws - Never violate any laws, including, but not limited to copyrights, or individual rights by using the Platform. Work order content, PPN Agreements, forum posts, or other communications may not violate any law or statute or force a User to violate any law or statute. (legal terms)

• Acknowledge OnForce's Rights - while information entered into the Platform (either directly or through the APIs) belongs to the User entering the information, OnForce has the right to use all data that is not individually-identifying (e.g., name, specific address, etc.) for statistical analysis, product development, marketing, and research. To enable us to use this information, you grant OnForce a worldwide, non-exclusive, perpetual, irrevocable license to use the information you provide. (legal terms) OnForce will never contact your end users, clients, or employees for commercial purposes without permission or authorize other Users to contact them without permission. (legal terms)

• Be Eligible - Users of the Platform must be at least 18 years of age; Professionals delivering on-site service must be at least 21 years of age with at least 2 years of technology experience in order to participate on the Platform. Any individual Professional added to a Service Professional company must be a W-2 employee or, if a contractor, must earn at least 75% of his/ her total income through that Service Professional company. (legal terms)

• Exercise Judgment - OnForce makes significant effort to verify the identities of Users on the Platform, but does not guarantee each User's identity or stand behind every individual on the Platform. (legal terms) It is, therefore, important that all Users exercise sound business judgment in transacting with other Users on the Platform. (legal terms)

• Communicate Responsibly - Communicate appropriately, consistently and professionally with all members of the OnForce community. Additionally, all Users are expected to communicate according to any specific guidelines in work orders, PPN Agreements or other agreements between Users. All Users agree not to disclose any information concerning other Users or OnForce that is not already in the public domain. (legal terms) All ratings and comments on both Buyers and Professionals will be professional and accurate (and not used for retaliation or mischief).

  You agree to receive all email communications from OnForce unless you specifically opt out (Users may opt out of product and marketing emails only - operational emails are required for Users to participate on the Platform). All Users must provide true and accurate information and provide up-to-date contact information, including both email and telephone numbers.

• Follow Through - Complete all activities to which you agree, including completion of service calls and payment of work orders and all appropriate OnForce fees. Buyers agree to pay OnForce US $15 (net of taxes) for each work order routed into the marketplace and Professionals agree to pay OnForce a fee not to exceed 10% (net of taxes) of the pre-tax total charges of any completed work order. (legal terms) In the case of a dispute between Professionals and Buyers, the work order and all documented communications will be the primary information source for dispute resolution. Buyers and Professionals agree to binding mediation in the event of unresolved issues.

• No Harm - Never engage in any activity to bring harm to the Platform, including creation or deployment of spiders, robots, or any other automatic device to monitor or copy our Platform, or automatically refresh web pages without our express written permission. Additionally, no User of the Platform will deploy any harmful agent into the Platform, including Trojan horses, viruses, or anything else to intentionally delay, stop, or change the Platform or its elements.

• Agree to Updates - This User Policy may change over time. Your use of the Platform is an acknowledgment of your acceptance of this User Policy. If and when we change the policies, you will be notified through your Professional Command Center and Buyer Command Center, and your continued use of the Platform will constitute your agreement with any changes. (legal terms)

• Play Fair - At its core, OnForce is a community of people and a shared marketplace and we ask all Users of the Platform to treat people and the marketplace with respect and maintain reasonable expectations.

Specific Terms for OnForce Buyers

• No Theft

  • No Buyer will recruit other Users to be employees or contractors outside of the Platform.

• Follow Through

  • Buyers will pay an US $15 access fee (net of taxes) per work order created on the Platform.

  • Buyers commit to paying Professionals quickly for completed work orders. It is expected that Buyers will authorize payment within 3 business days of completion by the Professional.

  • In the event of an unresolved issue with the Professional, a Buyer may indicate an exception in the work order to signal its attempt to facilitate resolution. If the Buyer and Professional are unable to resolve the issues, the work order will move into mediation. Mediation will be conducted via telephone by an OnForce-approved mediator. The mediator will render a decision based largely upon information contained in work order notes and email communications and such other information that may be submitted by the parties.  The mediator may contact the Buyer and Professional to request additional information and/or clarification of contested items. The decision of the mediator will be binding on both parties.

  • If a Buyer has to cancel a work order, that Buyer must do so as quickly as possible to allow the Professional to re-accommodate its schedule. If a work order is cancelled with less than 24 hours notice, the Buyer will pay the Professional a cancellation fee of US $30 (or more, if specified by the Buyer). Additionally, if an end user does not show up for an appointment, the Buyer will pay the Professional US $30 for a trip fee (or more, if specified by the Buyer).

• Communicate Responsibly

  • Buyers will, to the best of their ability, communicate clearly and appropriately with Professionals. If Buyers commit to spend limit increases or closing for payment verbally or via email, they are expected to follow through in action by updating the specific work order through the Platform.

  • Work orders will be written as reasonably as possible, with clear information to enable Professionals to make thoughtful decisions about whether to accept work orders. All requirements will be included in the work order itself; attachments are available for supplemental information, training, and clarification only.

  • All issues should be documented through the work order notes.

  • If a Buyer opts to have a dedicated forum area to communicate with Professionals, that Buyer will ensure all communications are consistent with our User Policy.

Specific Terms for OnForce Professionals

• Acknowledge the Marketplace

  • Professionals acknowledge that they are not employees of OnForce and will not indicate to any third party (Buyer, Professional, unemployment agency, etc.) that they are an employee of OnForce. Professionals are completely independent contractors.

  • Professionals understand that the work order is between the individual Professional performing service and the Buyer procuring that service. Unless the end user (recipient of service) is also the Buyer of the service, your only communication with the end user is to schedule/confirm the appointment (only if requested in the work order) and the delivery of service. Professionals should not contact end users after the service event for any reason.

• No Theft

  • Professionals agree to never solicit Buyers or end users directly, circumventing the Platform. This includes leaving business cards, web site addresses, or other contact information with end users or Buyers.

  • No Professional will recruit other Users to be employees or contractors outside of the Platform.

• Don't Break Laws

  • Professionals will not knowingly violate laws, regulations, or policies in completing service calls. It is the Professional's responsibility to understand federal, local, and municipal laws applicable to them.

  • Professionals will calculate, track, and enter required sales and/or service taxes in the work order completion process. Additionally, Professionals understand that it is their sole responsibility to remit any collected taxes to the appropriate taxing authority and submit any required documentation or filing. Professionals understand that the spend limit for a work order is inclusive of all taxes.

  • As a condition for payment for services provided to Buyers, all Professionals will provide OnForce their Federal Tax ID (as applicable in the United States) or GST Number (as applicable in Canada) in order to withdraw funds, as OnForce requires this information for tax purposes.

  • To be eligible to complete OnForce work orders, Professionals will maintain at all times insurance coverage (including, but not limited to, liability coverage) as required by applicable law.

• Follow Through

  • Professionals will pay a maximum of 10% of the pre-tax total charges of each work order to OnForce as a fee. See our current detailed fee schedule.

  • Individual Professionals will complete all work orders that they accept (or that have been accepted in their names by their Service Professional supervisors). No Professional will sub-contract or dispatch work orders to people inside or outside of their company.

  • Professionals will accept only those work orders that they are capable of completing.

  • Professionals will show up to the end user site on time. In case of emergency the Professional will contact both the end user and Buyer to ensure that all parties are appropriately notified.

  • If a Professional has to cancel a work order because of emergency, he/she will do so as soon as possible and actively communicate with the Buyer.

  • In the event of an unresolved issue with a Professional, a Buyer may flag the work order for Exception to facilitate resolution. If the Buyer and Professional are unable to resolve the issues, the work order will be mediated. Mediation will be conducted via telephone by an OnForce-approved mediator. The mediator will render a decision based largely upon information contained in work order notes and email communications and such other information that may be submitted by the parties.  The mediator may contact the Buyer and Professional to request additional information and/or clarification of contested items. The decision of the mediator will be binding on both parties.

• Communicate Responsibly

  • Professionals will provide accurate information about their capabilities in their service profile and will honestly complete any other requests for information submitted by Buyers or OnForce.

  • Professionals will actively use work order notes and any other tools (e.g., the Interactive Voice Response, or IVR) to communicate with Buyers about work order statuses and updates throughout the process.

  • Professionals will act professionally at all times, especially when on-site in the presence of end users.

  • Professionals who use the forums will communicate professionally in their discussions, particularly about Buyers and other Professionals. Additionally, Professionals will not violate any confidentiality agreements by posting work orders or other proprietary information in the forums.

Violation of any terms of OnForce's User Policy can result in immediate disciplinary action, which may include temporary or permanent suspension from the Platform and any and all appropriate legal actions. Participation in the OnForce community is a privilege, not a right, and may be terminated at our sole discretion.

What to Expect from OnForce

Users of the Platform that follow these polices can expect to have reliable, dependable access to the Platform, problem resolution assistance from our Market Support team, and a Platform through which to buy and provide services. OnForce will continue to expend substantial resources acquiring additional Buyers and Professionals, improving the Platform, and actively communicating with the community. OnForce will only share information we receive from Users of the Platform as described in our Privacy Statement.

OnForce does not guarantee that all work orders will get accepted, nor does it guarantee that all Professionals will receive work orders. We will share guidance, best practices and provide tools to increase the likelihood of a successful transaction. In the end, however, the market will ultimately dictate what gets accepted and what does not.

Above all, we will play fair.

By completing the registration process and selecting the checkbox that states that you agree to these policies, you agree to be legally bound by all of the terms and conditions set forth in OnForce's User Policy, specifically including without limitation the provisions relating directly to Buyers and Professionals, as the case may be. Take note, terms and conditions have been incorporated by reference within these policies and do include additional terms.