Effective Date: December 5, 2024
PINK HELPER LLC
SERVICE PROFESSIONAL AGREEMENT U.S.
Click here for California Service Professional Agreement
This Service Professional Agreement (the “Agreement”) sets forth the terms and conditions whereby you, an independently established home service provider fully-licensed (to the extent required by applicable law in the jurisdiction where the services are being performed), qualified, and customarily engaged in a trade, occupation, and/or business to provide the services contemplated by this Agreement (the “Service Professional”), agree to provide certain services defined under the Pink Helper LLC Terms and Conditions (“Terms”) and governed by this Agreement via the web-based platform of Pink Helper LLC, a limited liability company with its primary email contact support@pinkhelper.com, along with its affiliates, parents, and subsidiaries (collectively, the “Company”).
You acknowledge that the services contemplated by this Agreement may be made available under (a) the Company’s brands, including but not limited to Pink Helper, and/or (b) the brands of the Company’s contractual partners. The Service Professional’s designated contact person, phone number, and email address are located on the Service Professional’s account profile page and are incorporated herein by reference as if fully set forth herein. The Service Professional is obligated to maintain this information and ensure it is current.
Service Professional agrees to download a copy of this Agreement from the Company’s official website or request it directly via email from support@pinkhelper.com.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PAY CLOSE ATTENTION TO THE DISPUTE RESOLUTION AND MUTUAL ARBITRATION PROVISION IN SECTION 12.2. THIS PROVISION SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
1.1 Background Statement
Pink Helper LLC (“Company”) operates a technology platform that connects potential clients (“Service Requesters”) with qualified and independently-operated professionals (“Service Professionals”) in the business of providing services such as home and/or office cleaning, handyperson services, plumbing, electrical work, painting, lawn care, home improvement, and/or moving services (collectively, “Services”). The Company offers access to these services through a web-based and mobile application portal (“Platform”), which facilitates agreements between Service Requesters and Service Professionals.
Service Professional understands and agrees that they will provide Services as an independently-owned and operated business, not as an employee, agent, joint venturer, partner, or franchisee of the Company or any Service Requester for any purpose. Service Professional acknowledges their sole responsibility for their business operations, compliance with applicable laws, and the performance of the Services.
Company and Service Professional further agree that:
1. The Services provided by the Service Professional are outside the usual course of the Company’s business, which is limited to facilitating connections between Service Requesters and Service Professionals.
2. The Services will be performed entirely outside of the Company’s place of business, and the Company does not exercise control over how the Services are performed.
1.2 The Platform and Terms of Use
Before gaining access to the Pink Helper LLC Platform (“Platform”), the Service Professional must review and agree to the Terms of Use, which are incorporated into this Agreement by reference. By accessing the Platform, the Service Professional acknowledges that they have read, understood, and accepted the Terms of Use. In the event of any inconsistency between the Terms of Use and this Agreement, the provisions of this Agreement shall take precedence.
From time to time, at their sole discretion, Service Requesters may post job opportunities (“Jobs”) on the Platform, detailing the type of Services required. Each Job post will include:
1. A date and general geographic area or neighborhood where the Job will be performed.
2. A time frame requested by the Service Requester (“Timeframe”).
3. An estimated duration to complete the Job (“Estimated Work Time”).
Timeframes will be displayed on the Platform as either a specific time (e.g., 5:00 PM) or a time range (e.g., 2:00 PM to 5:00 PM). Estimated Work Time will also be displayed as either a specific duration (e.g., 2 hours) or a range (e.g., 2-3 hours).
The Service Professional acknowledges and agrees that accepting a Job creates a direct contractual relationship between the Service Professional and the Service Requester. Service Professionals and Service Requesters may further negotiate the details of their contract, including but not limited to the Timeframe and Estimated Work Time, which may differ from the initial Job details provided on the Platform.
The Company does not guarantee the availability of a minimum number of Jobs to Service Professionals at any given time during the term of this Agreement. Furthermore, except for the limitations set forth in Section 9.1, Service Professionals are not obligated to review or accept any Jobs posted by Service Requesters.
The Service Professional agrees that their name, phone number, and likeness (e.g., profile picture) may be shared with Service Requesters by or on behalf of the Company once the Job is confirmed.
1.3 Background Checks
Before gaining access to the Pink Helper LLC Platform (“Platform”), the Service Professional must complete and pass a background check conducted by a third-party background check provider approved by the Company. The Company reserves the right, at its sole discretion and in accordance with applicable law, to conduct additional background checks on the Service Professional at any time after they have gained access to the Platform. Background checks are conducted to ensure compliance with the Company’s safety and quality standards and in accordance with all applicable laws and regulations.
1.4 Registration Processing
In certain markets, Service Professionals may be required to pay a nonrefundable registration processing fee (“Registration Processing Fee”) to cover the costs associated with onboarding and verifying their eligibility to use the Platform. Payment of the Registration Processing Fee does not guarantee access to the Platform or the availability of Jobs through the Platform. The fee is strictly for processing the Service Professional’s registration and background verification.
2. THE SERVICES
Service Professional is eligible to accept Jobs through the Pink Helper LLC Platform (“Platform”) for any Services that they are fully licensed (to the extent required by applicable law in the jurisdiction where the services are performed) and qualified to provide. These Services are outlined in Pink Helper LLC’s Terms and Conditions and are selected by the Service Professional during the sign-up process or during their continued use of the Platform.
In jurisdictions where a license, permit, or certification is legally required to perform certain Services, the Service Professional agrees to provide proof of such licenses, permits, or certifications upon the Company’s reasonable request prior to performing those Services. The Service Professional acknowledges that failure to provide adequate proof of the required credentials may result in restricted access to the Platform or eligibility to perform certain Services.
2.1 Job Completion and Service Delivery
Once the Service Professional accepts a Job through the Pink Helper LLC Platform (“Platform”), they are contractually obligated to complete the Job in accordance with the specifications provided by the Service Requester and within the specified timeframe (“Timeframe”). The Service Professional is solely responsible for determining the manner and method of performing all Jobs under this Agreement, provided it aligns with the Service Requester’s requirements and the expectations set forth through the Platform.
The Company is only interested in the results achieved by the Service Professional: the completion of each accepted Job to the satisfaction of the Service Requester. The Service Professional acknowledges and agrees that failing to meet these obligations constitutes a material breach of this Agreement, which may result in:
1. Penalties and Deductions: Pink Helper LLC reserves the right to deduct reasonable fees or impose penalties on the Service Professional’s earnings to address incomplete or unsatisfactory Jobs.
2. Corrective Actions: The Service Professional may cure the breach by either:
• Agreeing to a reduced Service Fee, or
• Completing the Job without additional Service Fees being charged to the Service Requester.
The Service Professional further authorizes Pink Helper LLC to withhold or deduct amounts from their earnings to resolve any penalties or liquidated damages, as outlined in the Company’s Terms and Conditions.
Cancellations and Rescheduling
1. By the Service Professional:
• Repeated cancellations, last-minute rescheduling, or failure to complete Jobs may result in:
• Temporary suspension of access to the Platform.
• Permanent termination of the Service Professional’s account.
2. By the Service Requester:
• If a Service Requester cancels or reschedules a Job, or fails to provide sufficient details for the Job, the Service Professional may be entitled to:
• Partial compensation for time and effort.
• A rescheduling bonus as determined by Pink Helper LLC’s policies.
Contractual Relationship and Job Completion
The Service Professional understands and agrees that accepting a Job creates a direct contractual relationship between the Service Professional and the Service Requester. The Service Professional and the Service Requester may negotiate the terms of the Job, including the timeframe and estimated work time, provided it does not violate the Platform’s rules. Pink Helper LLC is not responsible for enforcing or guaranteeing any specific agreement terms between the Service Professional and the Service Requester.
Policy and Notifications
Pink Helper LLC reserves the right to update its policies regarding cancellations, rescheduling, deductions, and penalties. Any updates will be communicated to the Service Professional through the Platform or email and will take effect upon notice. Continued use of the Platform constitutes acknowledgment and acceptance of these updates.
2.2 Service Requester Ratings
The Service Professional acknowledges that the Pink Helper LLC Platform (“Platform”) is committed to connecting Service Requesters with reliable and high-quality Service Professionals. To maintain the Platform’s reputation and ensure trust, Service Requesters are encouraged to rate and review Service Professionals after completing each Job.
The Service Professional agrees to maintain a Service Requester rating at or above the minimum rating threshold established by Pink Helper LLC. This threshold is determined by the Company and may be adjusted from time to time. If a Service Professional’s aggregate rating falls below the minimum rating, Pink Helper LLC reserves the right to temporarily suspend or permanently deactivate the Service Professional’s access to the Platform.
Pink Helper LLC will provide written notice to the Service Professional regarding the current minimum rating requirements and any changes to the threshold. The Service Professional acknowledges that ratings and reviews are solely based on Service Requester feedback, and the Company does not modify or alter individual ratings unless they violate the Platform’s Terms and Conditions or are proven to be fraudulent or inappropriate.
Key Points:
1. Ratings are calculated as an aggregate score based on all Jobs completed by the Service Professional.
2. Service Professionals are encouraged to address any negative feedback by improving their service quality and addressing Service Requester concerns.
3. The Platform reserves the right to evaluate and investigate reviews flagged as inappropriate or fraudulent, and appropriate actions will be taken to ensure fairness.
2.3 No Control
The Service Professional shall be, at all times while this Agreement is in effect, both under the terms of this Agreement and in fact, free from the Company’s supervision, control, and direction in the performance of the Services. Pink Helper LLC (“Company”) does not control, nor does it have the right to control, the manner or means by which the Service Professional performs the Services, including but not limited to:
• The time and place where the Service Professional performs the Services.
• The Jobs the Service Professional chooses to accept.
• The tools, materials, and methods used to complete the Jobs.
• The use of helpers, assistants, subcontractors, or other personnel (if any) engaged by the Service Professional to complete the Jobs.
Autonomy of Service Professional
1. The Service Professional acknowledges that all decisions regarding the execution of the Services rest solely with them, provided the Services meet the specifications set forth by the Service Requester.
2. The Service Professional has full discretion to manage their own schedule, accept or decline Jobs, and determine the resources necessary to complete the work.
Training and Oversight
1. The Company does not provide, nor require, any training programs for Service Professionals. Any knowledge, skill, or certification required to complete a Job is the sole responsibility of the Service Professional to obtain and maintain.
2. The Service Professional acknowledges that they are solely responsible for ensuring compliance with all applicable laws, regulations, and licensing requirements relevant to their Services.
Limited Authority of the Company
1. Any provisions in this Agreement reserving authority for the Company exist solely to ensure compliance with applicable federal, state, or local laws, regulations, and interpretations thereof.
2. These provisions do not create any employee-employer relationship between the Company and the Service Professional.
Liability and Accountability
1. The Company does not assume liability for the quality or outcome of the Services provided by the Service Professional. The Service Professional is solely accountable for the results of their work.
2. The Service Professional agrees to indemnify and hold the Company harmless from any claims arising out of their performance, including but not limited to injuries, damages, or disputes with Service Requesters.
No Obligation to Accept Jobs
1. The Service Professional is under no obligation to accept any Jobs posted on the Platform.
2. The Company does not guarantee the availability of any minimum number of Jobs at any time.
Engagement of Personnel and Tax Obligations
Service Professional further agrees that any assistants, helpers, subcontractors, or other personnel engaged to perform the Services shall operate as independent contractors of the Service Professional and not as employees, agents, or representatives of the Company. The Service Professional assumes all liability and responsibility for ensuring that such individuals comply with the terms of this Agreement and applicable laws, including but not limited to labor, tax, and licensing regulations.
Insurance Requirements
1. The Service Professional is responsible for ensuring that any assistants, helpers, subcontractors, or other personnel maintain appropriate liability, workers’ compensation, and/or other insurance as required by applicable federal, state, or local laws.
2. The Company shall not be responsible for providing insurance coverage to the Service Professional or any personnel engaged by the Service Professional.
Compliance with Employment and Tax Laws
1. The Service Professional agrees to comply with all applicable employment, tax, and labor laws, including:
• Paying wages and benefits to any assistants or subcontractors.
• Filing all required tax documentation with federal and state authorities.
• Withholding income taxes and paying unemployment insurance and social security taxes as required by law.
2. The Service Professional understands that failure to comply with these obligations may result in penalties and liabilities, which the Service Professional agrees to assume in full.
Indemnification Clause
1. The Service Professional agrees to indemnify and hold harmless the Company, its affiliates, and employees from any claims, liabilities, or expenses arising out of or related to the acts, omissions, or employment practices of the Service Professional or their personnel.
2. This includes, but is not limited to, claims for unpaid wages, injuries, or tax violations, as well as any legal fees and costs incurred by the Company in defending such claims.
Recordkeeping and Business Operations
1. To the extent required by applicable law, the Service Professional agrees to maintain accurate and separate records of all income, expenses, and other financial details related to their business.
2. These records shall include, but are not limited to:
• Payment records for assistants, helpers, and subcontractors.
• Receipts for business expenses.
• Invoices or contracts related to completed Jobs.
3. The Service Professional acknowledges that maintaining proper records is necessary for tax compliance and to substantiate their independent contractor status.
Non-Liability of the Company
The Company does not assume any liability for the actions, omissions, or legal obligations of the Service Professional or any individuals engaged by the Service Professional. All such responsibilities remain solely with the Service Professional.
Termination for Non-Compliance
The Company reserves the right to terminate the Service Professional’s access to the Platform if the Service Professional fails to comply with the obligations outlined in this section. Written notice of termination will be provided, and any outstanding penalties or fees due to the Company will be collected as necessary.
3. SERVICE FEES
3.1 Service Fees
Service Requesters shall pay for completed Jobs through the Pink Helper LLC Platform (“Platform”) at the prices agreed upon at the time the Job is posted. These prices will be based on the stated parameters of the Job, including Timeframe, Estimated Work Time, and details of the requested Service. Each Job displayed to the Service Professional on the Platform will specify:
• The agreed-upon price to be paid by the Service Requester.
• The Timeframe and Estimated Work Time for the Job.
• The estimated Service Fee the Service Professional will receive upon satisfactory completion of the Job.
The difference between the agreed-upon price and the Service Fee (if any) shall constitute the Booking Fee, retained by Pink Helper LLC as compensation for its referral and platform services. Pink Helper LLC reserves the right to update or modify the Booking Fee at its discretion, with written notice provided to Service Professionals.
Compliance with New York City Local Law 140
To the extent applicable under New York City Local Law 140, the value of the services performed under this Agreement is equal to the net amount paid to the Service Professional for each Job. This amount is determined after deducting any pre-negotiated fees, platform costs, and Booking Fees.
Pink Helper LLC complies fully with all federal, state, and local laws, including those governing payment practices and fee disclosures. All applicable fees will be transparently displayed on the Platform prior to acceptance of any Job by the Service Professional.
3.2 Service Fee Payment
Pink Helper LLC (“Company”) facilitates payment processing services for Service Professionals through Stripe, ensuring secure and efficient transactions. Payments for completed Jobs will be transmitted directly to the Service Professional, whether they operate as a sole proprietorship or other corporate entity, via direct deposit. To enable payments, Service Professionals must complete the necessary steps to set up their Stripe account, including providing accurate payment details, verifying their identity, and ensuring compliance with all applicable legal and tax requirements.
Once the Service Professional’s Stripe account setup is complete, payments for completed Jobs will be processed and remitted within seven (7) business days following the Job’s completion. Payments will reflect the Service Fee agreed upon at the time of Job acceptance, less any Booking Fees or other applicable platform fees. The Company’s responsibility is limited to initiating payment through Stripe; any delays caused by incomplete or incorrect information provided by the Service Professional, or issues within Stripe’s system, are outside the Company’s control and liability.
Expedited Payment Requests
Service Professionals have the option to request expedited payment for completed Jobs before the standard seven (7) business day period. Such requests are subject to additional fees, which will be clearly disclosed on the Platform. These fees apply per expedited payment request, and the Service Professional acknowledges and agrees to these terms when choosing this option.
Responsibility for Tax Compliance
Service Professionals are solely responsible for their tax obligations, including but not limited to filing federal and state tax returns, reporting income, and paying applicable taxes. To comply with U.S. tax laws, Pink Helper LLC will file a Form 1099 with the Internal Revenue Service (IRS) for eligible Service Professionals, reflecting the gross payments processed through the Platform. It is the Service Professional’s responsibility to review the Form 1099 and ensure its accuracy for tax filing purposes.
Stripe Payment Processing Agreement
Payment processing services are provided by Stripe and governed by the Stripe Connected Account Agreement, accessible at https://stripe.com/us/connect-account/legal, and the Stripe Terms of Service, available at https://stripe.com/us/legal (together, the “Stripe Services Agreement”).
By agreeing to this Agreement, the Service Professional acknowledges and accepts the terms outlined in the Stripe Services Agreement, including any future updates made by Stripe. As a condition for using Stripe’s payment processing services, the Service Professional agrees to:
1. Provide accurate and complete information about themselves and their business.
2. Authorize Pink Helper LLC to share transaction information, including Service Fees and related details, with Stripe for payment processing purposes.
3. Resolve any account or transaction issues directly with Stripe, as Pink Helper LLC is not liable for disputes or delays resulting from Stripe’s operations.
Payment Responsibility and Dispute Resolution
Service Professionals are fully responsible for managing their Stripe account, including ensuring that their banking information is accurate and up to date. In the event of a payment dispute or delay, the Service Professional agrees to first address the issue directly with Stripe. Pink Helper LLC’s role is limited to enabling access to Stripe’s services and providing necessary transaction details for resolution.
Legal and Financial Recordkeeping
To maintain compliance with applicable laws, Service Professionals are encouraged to keep accurate financial records of all income and expenses related to their business operations. This includes maintaining records of payments received through Stripe, any Booking Fees deducted by Pink Helper LLC, and other relevant financial transactions. Accurate recordkeeping is essential for tax compliance and ensuring eligibility to continue using the Platform.
4. EQUIPMENT AND OPERATIONS
4.1 Compatible Mobile Device
To access and book Jobs through the Pink Helper LLC Platform (“Platform”), the Service Professional must possess a smartphone or other mobile device that is compatible with the Platform’s software and functionality (“Compatible Mobile Device”). The Compatible Mobile Device must have reliable internet access and be capable of running the latest version of the Platform’s application.
The Service Professional is solely responsible for maintaining their Compatible Mobile Device, including any costs associated with data usage, device maintenance, or software updates necessary to ensure proper access to the Platform.
Unless otherwise mutually agreed in writing, Pink Helper LLC is not responsible for providing devices, internet access, or any related equipment to the Service Professional. Access to the Platform and the ability to book Jobs are contingent on the Service Professional’s ability to operate a Compatible Mobile Device effectively.
4.2 Web-Based Platform Access
Service Professionals can access the Pink Helper LLC Platform (“Platform”) exclusively through a web browser. To book Jobs, communicate with Service Requesters, and manage their services, Service Professionals must log in to the Platform using a Compatible Device with a reliable internet connection.
Location Services and Job Coordination
If the Compatible Device used by the Service Professional allows location services through the web browser, Pink Helper LLC may collect location data (“Location Coordinates”) for the following purposes:
1. Facilitating Coordination:
• To assist the Service Professional and Service Requester in locating each other before and during the scheduled Job.
• To resolve disputes regarding whether the Service Professional arrived for and/or completed the Job as agreed.
2. Short-Notice Job Opportunities:
• To notify Service Professionals of short-notice Job opportunities posted by Service Requesters in their vicinity. The Service Professional is under no obligation to accept these Jobs but may review and respond to them through the Platform if interested.
3. Sharing Location Data:
• For up to four (4) hours prior to the scheduled start of a Job, Pink Helper LLC may share the Service Professional’s Location Coordinates with the Service Requester to improve coordination and ensure timely service.
Location Data Privacy
1. Usage Restrictions:
• Pink Helper LLC does not collect or use location data to control or monitor the manner, means, or frequency by which the Service Professional provides their Services.
2. Disclosure of Location Data:
• Location Coordinates and contact information may be disclosed only:
• To authorized service providers for dispute resolution or platform functionality.
• To comply with applicable laws or legal processes.
• When necessary to protect the rights, property, or safety of Pink Helper LLC, its users, or others.
Retention of Location Data
Pink Helper LLC retains Location Coordinates data for the purpose of resolving disputes between the Service Professional and Service Requester regarding Job completion. De-identified Location Coordinates data may be retained indefinitely for analytics or operational improvements.
Special Job Requests and Offers
Through the Platform, Service Requesters can post special requests for Services. Service Professionals may review these requests and submit customized offers, including pricing and availability, directly via the Platform. Service Requesters can then choose from the submitted offers, creating a direct contractual relationship between the Service Requester and the Service Professional. Pink Helper LLC’s role is limited to facilitating this connection and does not guarantee the acceptance or availability of special request Jobs.
4.3 Costs of Operation
The Service Professional is solely responsible for all costs and expenses incurred in connection with the operation of their business and the performance of Services facilitated through the Pink Helper LLC Platform (“Platform”). Pink Helper LLC does not reimburse or provide funding for any expenses related to the Service Professional’s business operations.
Responsibility for Tools and Supplies
1. Ownership and Maintenance:
• The Service Professional must furnish and maintain, at their own expense, all tools, equipment, supplies, and other materials necessary to perform the Services.
2. Discretion Over Resources:
• The Service Professional has full discretion to determine:
• Which equipment, tools, and materials are necessary for each Job.
• Where, when, and at what cost to purchase or maintain such items.
Independent Business Operations
1. The Service Professional acknowledges that they operate as an independent business and bear sole responsibility for all operational costs, including but not limited to:
• Transportation to and from Job locations.
• Maintenance and repair of tools or equipment.
• Purchase of cleaning supplies, protective gear, or other materials required to complete the Jobs.
2. The Company does not monitor or influence the Service Professional’s decisions regarding operational expenses and does not require any specific brands, vendors, or suppliers to be used.
No Reimbursement Policy
The Service Professional agrees that they will not request or expect reimbursement from Pink Helper LLC for any costs or expenses incurred during the performance of Services. This includes but is not limited to:
• Costs of supplies and materials.
• Internet or device maintenance costs.
• Travel expenses related to Job performance.
Compliance with Applicable Laws
The Service Professional is solely responsible for ensuring that all tools, equipment, and materials used to perform Services comply with any applicable local, state, or federal laws and regulations.
4.4 Company Apparel or Identification
The Service Professional is under no obligation to wear or display any Pink Helper LLC branded apparel, badges, or other forms of identification while performing Services. The Service Professional has full discretion over their attire and appearance, provided it complies with any reasonable expectations of professionalism set by the Service Requester.
Optional Identification Items
1. If offered, the Service Professional may choose to use optional branded items such as badges or apparel provided by Pink Helper LLC to enhance Service Requester trust and recognition.
2. The use of such items is entirely voluntary and is not a condition for accessing the Platform or accepting Jobs.
Independent Branding
The Service Professional acknowledges that they operate as an independent contractor and may use their own business branding, attire, and materials while performing Services, as long as it does not misrepresent their affiliation with Pink Helper LLC or violate the Platform’s Terms and Conditions.
4.5 Use of Voice, Image, and Likeness
The Service Professional grants Pink Helper LLC (“Company”) permission to use their voice, image, likeness, and any ratings or reviews provided by Service Requesters, with or without using the Service Professional’s name, in connection with the services offered through the Platform. This permission includes the use of such materials for:
1. Advertising and Promotion:
• Promoting the Platform and its services.
• Showcasing Service Professionals to potential Service Requesters.
2. Identification Purposes:
• Identifying the Service Professional to Service Requesters within the Platform.
The Service Professional acknowledges that submission of an image for use on the Platform may be required to facilitate identification and improve trust with Service Requesters. The Service Professional represents and warrants that they own the copyright or have the necessary rights to any images or likenesses provided to Pink Helper LLC. This agreement does not grant Pink Helper LLC rights beyond those permitted by law, and all use of such materials will comply with applicable legal requirements.
4.5 Use of Voice, Image, and Likeness
The Service Professional grants Pink Helper LLC (“Company”) permission to use their voice, image, likeness, and any ratings or reviews provided by Service Requesters, with or without using the Service Professional’s name, in connection with the services offered through the Platform. This permission includes the use of such materials for:
1. Advertising and Promotion:
• Promoting the Platform and its services.
• Showcasing Service Professionals to potential Service Requesters.
2. Identification Purposes:
• Identifying the Service Professional to Service Requesters within the Platform.
The Service Professional acknowledges that submission of an image for use on the Platform may be required to facilitate identification and improve trust with Service Requesters. The Service Professional represents and warrants that they own the copyright or have the necessary rights to any images or likenesses provided to Pink Helper LLC. This agreement does not grant Pink Helper LLC rights beyond those permitted by law, and all use of such materials will comply with applicable legal requirements.
4.6 Call and SMS Data
The Service Professional agrees to the Company’s use of a service provider to mask the Service Professional’s phone number when communicating with Service Requesters via phone or text (SMS). This masking process ensures privacy and facilitates secure communication.
Call and SMS Data Collection
The Company and its service provider may collect and store call and SMS data in real time, including:
1. The date and time of the call or SMS message.
2. The phone numbers of the parties involved.
3. The content of SMS messages exchanged between the Service Professional and the Service Requester.
By accepting this Agreement, the Service Professional consents to:
1. The masking of phone numbers for privacy purposes.
2. The use and disclosure of call and SMS data by the Company for legitimate business purposes, including dispute resolution, quality control, and operational improvements.
The Service Professional also agrees to receive SMS messages directly from the Company for notifications, updates, or other Platform-related communications, as outlined in the Terms of Use.
5. RELATIONSHIP OF THE PARTIES
The Service Professional is an independent contractor and not an employee, agent, or representative of Pink Helper LLC (“Company”). The Service Professional represents that they are customarily engaged in an independently established trade, occupation, profession, or business offering services to the general public. The Service Professional may operate from a principal place of business eligible for business deductions for federal income tax purposes, as applicable.
This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker, or agency relationship between the Service Professional and the Company or any Service Requester. The Service Professional has no authority to bind the Company and agrees not to make any agreements or representations on behalf of the Company without prior written consent from the Company.
No Eligibility for Employee Benefits
The Service Professional understands and agrees that they are not eligible for, and will not participate in, any benefit plans offered to the Company’s employees, including but not limited to:
1. Vacation pay.
2. Group medical, dental, or life insurance.
3. Disability benefits.
4. Profit-sharing or retirement plans.
5. Any other fringe benefits or plans provided to employees of the Company.
Tax and Insurance Responsibilities
The Company will not withhold or pay any federal, state, or local income taxes, payroll taxes, Social Security contributions, or other similar obligations on behalf of the Service Professional. Additionally, the Company will not provide unemployment or disability insurance, or workers’ compensation insurance, for the Service Professional.
The Service Professional is solely responsible for:
1. Filing and paying all income, payroll, and self-employment taxes.
2. Obtaining any necessary insurance coverage, including workers’ compensation, if required by law.
3. Ensuring compliance with federal, state, and local tax laws.
Indemnification
The Service Professional agrees to indemnify and hold the Company harmless from any claims, suits, or actions arising from:
1. The Service Professional’s failure to fulfill their tax obligations.
2. Claims by third parties, including penalties and interest, related to unpaid taxes, contributions, or other obligations.
3. Any disputes or liabilities arising from the Service Professional’s independent business operations.
6. REPRESENTATIONS AND WARRANTIES
The Service Professional represents and warrants to Pink Helper LLC (“Company”) that:
(a) The Service Professional, and any assistants, helpers, subcontractors, or other personnel engaged by the Service Professional, have the legal right to provide the Services contemplated by this Agreement within the United States.
(b) The Service Professional, and any assistants, helpers, subcontractors, or other personnel engaged by the Service Professional, are fully licensed (to the extent required by applicable law) and authorized to provide the Services within the jurisdiction where the Services will be performed. The Service Professional and their personnel possess the necessary skills, experience, and qualifications to perform the Services.
(c) The Service Professional shall perform the Services in accordance with industry best practices and standards for similar services. The Service Professional will also ensure that any assistants, helpers, subcontractors, or other personnel engaged in the Services adhere to these standards, including the completion of all Jobs accepted by the Service Professional through the Platform.
(d) The Service Professional, and any personnel they engage, shall perform the Services in full compliance with all applicable laws, rules, and regulations.
(e) The Service Professional has the right to, and actively advertises and holds themselves out to the public as available to provide the same or similar services as those contemplated under this Agreement.
(f) The Service Professional has the right to contract with other businesses and clients to provide the same or similar services as those provided under this Agreement and maintains a clientele independent of the Company or any Service Requester.
(g) The Service Professional operates from a business location that is separate and distinct from the business or work location of the Company or the Service Requester.
Compliance with State-Specific Requirements
For Service Professionals performing Services in jurisdictions requiring business registration (e.g., Washington State), the Service Professional agrees to:
1. Establish an account with the relevant Department of Revenue and other state agencies to ensure compliance with tax obligations for their business.
2. Register for and obtain any required business identification numbers or licenses within a reasonable period after electronically signing this Agreement.
Material Breach Acknowledgment
The Service Professional acknowledges that failure to comply with the above representations and warranties constitutes a material breach of this Agreement. In such cases, the Company reserves the right to terminate the Service Professional’s access to the Platform and take any necessary legal or remedial action.
7. INDEMNIFICATION
The Service Professional agrees to defend, indemnify, and hold harmless Pink Helper LLC (“Company”), its affiliates, parents, subsidiaries, partners, and their respective officers, directors, employees, agents, successors, and assigns, as well as any other entity involved in facilitating, arranging, or making services available through the Platform, from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of any kind (including reasonable legal fees) arising out of or resulting from:
(a) Bodily Injury or Property Damage: Any bodily injury, death of any person, theft, or damage to real or tangible personal property caused by the acts or omissions of the Service Professional, including acts or omissions of any assistants, helpers, subcontractors, or other personnel engaged by the Service Professional.
(b) Breach of Agreement: Any breach by the Service Professional of the representations, warranties, or obligations set forth in this Agreement.
(c) Failure to Comply with Laws: Any violations by the Service Professional of applicable local, state, or federal laws or regulations related to the Services provided through the Platform.
(d) Third-Party Disputes: Any claims or disputes arising between the Service Professional and Service Requesters or other third parties resulting from the Services performed, including but not limited to miscommunications, delays, or quality of work issues.
Responsibility for Services
The Services provided by the Service Professional under this Agreement are fully and entirely the responsibility of the Service Professional. The Company does not assume responsibility or liability for any actions or inactions by the Service Requester or other third parties related to the Services performed by the Service Professional.
Third-Party Risks
The Service Professional acknowledges and understands that by using the Platform, they will interact with third parties, including Service Requesters, whom the Company has not conducted background or reference checks on. Such interactions may carry inherent risks, and the Service Professional agrees to assess and manage these risks independently.
Platform Risks and Assumptions
The Service Professional understands that the Platform facilitates introductions between Service Professionals and Service Requesters and that the Company does not guarantee the conduct, reliability, or safety of any party encountered through the Platform. The Service Professional agrees that any use of the Platform is at their own risk and discretion.
Liability Waiver
To the fullest extent permitted by law, the Service Professional waives any claims against the Company arising from interactions facilitated through the Platform, including those resulting in disputes, damages, or injuries caused by Service Requesters or third parties.
Scope of Indemnification
The indemnification obligations under this section shall extend to all claims, suits, or actions brought by Service Requesters, third parties, or government entities, including but not limited to:
• Claims related to taxes, insurance, or benefits associated with the Service Professional or their personnel.
• Penalties, fines, or interest imposed for noncompliance with applicable laws or regulations.
• Damages arising from the negligent or intentional misconduct of the Service Professional or their personnel.
Insurance Responsibility and Liability Disclaimer
A. No Insurance Provided by the Company
Pink Helper LLC (“Company”) does not provide insurance coverage for Service Professionals or their assistants, subcontractors, or any other personnel they engage. All risks, damages, or liabilities arising during the performance of services facilitated through the Platform are the sole responsibility of the Service Professional.
B. Insurance Recommendation
While the Company does not mandate insurance, it strongly recommends that Service Professionals obtain the following to mitigate potential risks:
• Commercial Liability Insurance: To cover property damage, personal injury, or other liabilities during service delivery.
• Professional Liability Insurance: To address claims related to errors, omissions, or negligence in the performance of services.
• Workers’ Compensation Insurance (if required by law): To protect against injuries sustained by assistants or subcontractors.
C. Responsibility for Risk
The Service Professional acknowledges and agrees that:
• They assume full responsibility for all risks, including property damage, personal injury, or financial liabilities, that may arise while performing services.
• They release Pink Helper LLC from any liability related to claims, disputes, or damages resulting from their actions or omissions during the performance of services.
D. Waiver of Liability for Company
The Service Professional agrees to indemnify and hold harmless Pink Helper LLC from any claims, suits, or damages arising from:
• Actions of the Service Professional or Personnel: Including property damage, personal injury, or negligence.
• Disputes with Service Requesters: Any claims related to service quality, miscommunication, or failure to meet expectations.
• Non-Compliance with Laws: Any violations of local, state, or federal laws or regulations.
E. Optional but Encouraged Insurance
To protect their business and reputation, Service Professionals are encouraged to obtain:
• Policies from reputable insurance providers tailored to independent contractors or small businesses.
• Sufficient coverage limits to address potential liabilities or risks inherent in their services.
F. Acknowledgment of Risk
By signing this Agreement, the Service Professional acknowledges and accepts:
• All risks associated with providing services facilitated through the Platform.
• That they are solely responsible for managing any disputes, claims, or liabilities that arise in the course of performing services.
9. TERM; TERMINATION
9.1 Term
This Agreement shall commence on the date it is executed by the Service Professional and will remain in effect unless and until terminated as described in this section. The Service Professional acknowledges that their profile may be temporarily deactivated if they are inactive on the Platform for a period exceeding 28 days or as specified in the Platform’s usage policies. Profiles may be reactivated upon request from the Service Professional.
The term of this Agreement does not guarantee continuous service or engagement. Each Job accepted by the Service Professional constitutes an independent arrangement with the Service Requester and does not create a continuous relationship with the Company.
9.2 Termination
(a) Material Breach Termination
Either party may terminate this Agreement immediately, upon written notice, in the event of a material breach by the other party. Material breaches include but are not limited to:
• Any violations expressly identified as breaches in the Terms and Conditions or this Agreement.
• Misconduct or repeated failure to adhere to Platform policies.
• The Company’s failure to remit Service Fees owed to the Service Professional.
• The Service Professional’s inability to meet quality or rating requirements established by the Company.
• Repeated cancellations or rescheduling by the Service Professional without reasonable notice.
Disputes regarding material breaches that cannot be resolved informally shall be handled in accordance with the dispute resolution procedures outlined in Section 12. Arbitration unless otherwise exempt.
(b) Voluntary Termination by Service Professional
The Service Professional may terminate this Agreement at any time by providing the Company with fifteen (15) days’ written notice.
(c) Voluntary Termination by the Company
The Company may terminate this Agreement at its discretion with fifteen (15) days’ written notice to the Service Professional, except in cases of material breach, where immediate termination is permitted.
(d) Effect of Termination
Upon termination, any outstanding obligations of either party, including the payment of pending Service Fees, indemnification clauses, and compliance with legal requirements, shall survive. The Service Professional shall ensure that any ongoing Jobs accepted prior to termination are completed to the satisfaction of the Service Requester unless otherwise directed by the Company.
9.3 Service Professional’s Obligations Upon Termination
Upon termination of this Agreement for any reason, the Service Professional shall:
(a) Complete any outstanding Jobs (Outstanding Jobs) that the Service Professional has booked through the Platform and committed to.
(b) Certify in writing to Pink Helper LLC (“Company”) that all obligations under this Agreement have been fulfilled, including the completion of Outstanding Jobs, and that the Service Professional holds no further claims or liabilities towards the Company.
9.4 Company’s Obligations Upon Termination
Upon termination of this Agreement:
(a) If the termination is initiated by the Company, the Company shall immediately remit any outstanding earned Service Fees to the Service Professional.
(b) If the termination is initiated by the Service Professional, the Company shall remit any outstanding earned Service Fees to the Service Professional within seven (7) business days.
In either case, the Company shall ensure that payment for any Outstanding Jobs is processed as soon as practicable after the Service Professional has completed such Jobs, provided the Jobs were accepted prior to termination.
9.5 Surviving Provisions
The terms and conditions of this Section 9.5 and the following Sections shall survive the expiration or termination of this Agreement:
• Section 5: Relationship of the Parties
• Section 6: Representations and Warranties
• Section 7: Indemnification
• Sections 9.3 and 9.4: Obligations Upon Termination
• Section 10: Confidentiality
• Section 11: Dispute Resolution
• Section 12: Arbitration and Governing Law (including but not limited to Section 12.2 on binding arbitration).
10. OTHER BUSINESS ACTIVITIES; NON-EXCLUSIVITY
Service Professionals engaged with Pink Helper LLC (“Company”) are free to participate in any other business, trade, profession, or activity. This includes providing services to customers through means other than the Platform, such as other websites, web-based platforms, smartphone applications, or independent arrangements.
The Company does not require exclusivity from Service Professionals and has no obligation to offer Jobs or utilize the services of any specific Service Professional under this Agreement. Additionally, the Company reserves the right to engage with other Service Professionals or providers to deliver the same or similar services facilitated by the Platform.
By participating in the Platform, Service Professionals acknowledge their right to pursue other business opportunities and agree that the Company is not obligated to guarantee a minimum number of Jobs or continuous engagement through the Platform.
11. ASSIGNMENT
The Service Professional may not transfer, delegate, or assign this Agreement to any other party without prior written authorization from Pink Helper LLC (“Company”). This restriction does not limit the Service Professional’s ability to engage assistants, subcontractors, or personnel to assist in performing Services, as permitted elsewhere in this Agreement.
The Company retains the right to freely assign or transfer its rights and obligations under this Agreement to any affiliated or successor entity at any time without notice or consent.
This Agreement shall be binding upon and enforceable against both parties and their respective successors, permitted assigns, and any other legal representatives.
2. DISPUTE RESOLUTION; GOVERNING LAW
12.1 Informal Negotiations
To ensure disputes, controversies, or claims related to this Agreement, or arising from the relationship between the Service Professional and Pink Helper LLC (“Company”), are resolved efficiently and cost-effectively, both parties agree to first attempt informal negotiations for at least thirty (30) days before initiating any arbitration or court proceedings.Informal negotiations will commence upon written notice of the dispute, controversy, or claim. Notices to the Service Professional shall be sent to the email address provided by the Service Professional on the Platform. Notices to the Company shall be sent to the following address:Pink Helper LLC 9560 Queens Blvd, Unit #2027, Rego Park, NY 11374. This provision ensures that both parties have an opportunity to resolve disputes amicably and in good faith, minimizing the need for formal legal proceedings.
12.2 Mutual Arbitration Provision
PINK HELPER LLC (“COMPANY”) AND SERVICE PROFESSIONAL MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO THE RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE THROUGH BINDING ARBITRATION, as outlined below. This Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall survive the termination of this Agreement.
Except as expressly stated herein, this Mutual Arbitration Provision applies to any and all claims, disputes, or controversies (“Claims”) arising between the Service Professional and the Company, including but not limited to:
• Any subsidiaries, affiliates, successors, assigns, or any entity acting on behalf of the Company.
• Any officers, directors, employees, agents, investors, shareholders, or insurers of the Company.
Additionally, this provision shall apply to any claims involving third-party entities that are involved in making available, arranging, and/or facilitating the services provided through the Platform. Such third-party entities are considered intended third-party beneficiaries of this Mutual Arbitration Provision.
Any disputes or claims concerning the application of this arbitration agreement to third-party entities shall be resolved exclusively by an arbitrator. For clarity, Service Requesters (clients) are not considered third parties for the purposes of this provision.
Binding Nature of Arbitration
The arbitration shall be conducted by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA) or other mutually agreed arbitration rules. Arbitration proceedings shall take place in New York unless otherwise agreed in writing by both parties.
Exceptions to Arbitration
This Mutual Arbitration Provision does not preclude either party from seeking provisional remedies, including injunctive relief or restraining orders, from a court of competent jurisdiction in New York for the purpose of enforcing this Agreement or protecting proprietary rights, confidentiality, or intellectual property.
Class Action Waiver
Service Professional and Company agree to bring any disputes in arbitration only on an individual basis and not as a representative or member of any class action. The arbitrator shall not have authority to hear or arbitrate any class, collective, or representative claims.
Costs of Arbitration
The Company agrees to bear the cost of the arbitration filing fees and arbitrator’s fees unless the Service Professional is determined to be the prevailing party in the dispute.
Governing Law
This arbitration agreement and any disputes arising out of or related to it shall be governed by the laws of the United States and the State of New York, to the extent not preempted by the Federal Arbitration Act.
EXCEPT AS EXPRESSLY PROVIDED BELOW, ALL DISPUTES AND/OR CLAIMS BETWEEN YOU AND PINK HELPER LLC (“COMPANY”) SHALL BE EXCLUSIVELY RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS OF ANY KIND ARE STRICTLY PROHIBITED.
Disputes and claims covered by this Mutual Arbitration Provision include, but are not limited to, any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to this Agreement and any and all prior versions thereof, including the formation, breach, termination, enforcement, interpretation, or validity of this Agreement. This also includes disputes regarding the Service Professional’s classification as an independent contractor, their provision of Services under this Agreement, the payments received for providing such Services, and the Service Professional’s registration to use the Platform. Additionally, this provision covers disputes with any entity or individual arising from or related to the use of the Platform, including but not limited to disputes involving background checks, privacy, trade secrets, unfair competition, compensation, classification, minimum wage, overtime, breaks and rest periods, seating, expense reimbursement, retaliation, discrimination, or harassment.
Claims may also arise under applicable laws, including but not limited to the Fair Credit Reporting Act, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, the Rehabilitation Act, the Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, the Equal Pay Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act (excluding claims for benefits under plans covered by ERISA or funded by insurance), the Affordable Care Act, the Genetic Information Non-Discrimination Act, the Uniformed Services Employment and Reemployment Rights Act, the Worker Adjustment and Retraining Notification Act, the Older Workers Benefits Protection Act of 1990, the Occupational Safety and Health Act, and the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). This provision also includes disputes under state or local laws addressing similar issues, such as workplace safety, wage and hour disputes, and retaliation claims.
This Mutual Arbitration Provision further applies to disputes and claims involving third-party entities directly involved in requesting, arranging, or facilitating services provided through the Platform. It includes disputes related to background checks conducted by consumer reporting agencies. However, disputes directly between the Service Professional and a Service Requester are not covered as third-party claims under this provision.
Except as outlined in Section 12.2(d) below, only an arbitrator—not any federal, state, or local court or agency—shall have the exclusive authority to resolve any disputes regarding the interpretation, applicability, validity, enforceability, conscionability, and/or formation of this Mutual Arbitration Provision. This ensures that such matters are addressed exclusively through arbitration in accordance with this Agreement.
(a) Initiating Arbitration
If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. The demand for arbitration must include: (1) the name and email address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. For Service Professionals, any demand for arbitration must be delivered to: Pink Helper LLC, Attn: Legal Department, 9560 Queens Blvd, Unit #2027, Rego Park, NY 11374.
(b) Class Action Waiver – Please Read Carefully
Pink Helper LLC (“Company”) and the Service Professional mutually agree that by entering into this Agreement to arbitrate, both parties waive their right to have any dispute or claim brought, heard, or arbitrated as a class action and/or collective action. An arbitrator shall have no authority to hear or arbitrate any class action and/or collective action (the “Class Action Waiver”). Both the Company and the Service Professional mutually agree that by entering into this Agreement, they waive the right to bring, pursue, or resolve any claim or dispute as a plaintiff or class member in any purported class or collective proceeding.
(c) Representative Action Waiver – Please Read Carefully
Pink Helper LLC (“Company”) and the Service Professional mutually agree that by entering into this Agreement to arbitrate, both parties waive their right to bring, pursue, or have any dispute or claim heard or arbitrated as a representative action. An arbitrator shall not have any authority to arbitrate or resolve a dispute as a representative action (the “Representative Action Waiver”).
By agreeing to this waiver, both the Company and the Service Professional acknowledge that any claims or disputes must be pursued on an individual basis and not on behalf of or as a representative of others.
(d) Judicial Determination of Class Action and Representative Action Waivers
Notwithstanding any other clause contained in this Agreement, this Mutual Arbitration Provision, or the applicable arbitration rules, any claim asserting that all or part of the Class Action Waiver and/or Representative Action Waiver is unenforceable, invalid, unconscionable, void, or voidable shall be determined solely by a court of competent jurisdiction and not by an arbitrator.
As stated above, all other disputes regarding the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision shall be determined exclusively by an arbitrator in accordance with this Agreement.
(e) Independent Contractor Status
The Service Professional agrees and acknowledges that entering into this Mutual Arbitration Provision does not alter their status as an independent contractor in fact and in law. The Service Professional is not an employee of Pink Helper LLC (“Company”) or any Service Requester. Any disputes regarding the Service Professional’s classification or status as an independent contractor shall be determined exclusively by an arbitrator and resolved through final and binding arbitration, as outlined in this Mutual Arbitration Provision.
(f) Arbitration Location and Hearing Requirements
Unless Pink Helper LLC (“Company”) and the Service Professional mutually agree otherwise in a signed written agreement, arbitration shall be conducted in the county where the Service Professional resides.
If the Service Professional’s claim does not exceed $10,000 (including attorneys’ fees), arbitration will be conducted solely based on written documents submitted by both the Company and the Service Professional to the arbitrator, unless the Service Professional requests a hearing or the arbitrator determines that a hearing is necessary.
For claims exceeding $10,000 (including attorneys’ fees), a hearing shall be conducted unless both the Company and the Service Professional mutually waive the right to a hearing in writing.
Arbitration Rules and Governing Framework
Regardless of whether the arbitrator is affiliated with the American Arbitration Association (AAA), both Pink Helper LLC (“Company”) and the Service Professional agree that any arbitration proceedings shall be governed by the AAA Consumer Arbitration Rules (including the AAA Consumer Arbitration Fee Schedule) in effect at the time the arbitration is initiated, except as otherwise stated or mutually agreed in writing by both parties.
This ensures that a standardized and widely recognized set of arbitration rules applies, creating consistency and clarity for both the Company and the Service Professional, while allowing for specific deviations if mutually agreed upon in writing.
Arbitration Procedures and Related Provisions for Pink Helper LLC
(1) The arbitration shall be heard by one arbitrator, selected in accordance with the American Arbitration Association Consumer Arbitration Rules (“AAA Rules”). The arbitrator shall be either an attorney licensed to practice in the jurisdiction where the arbitration will be conducted or a retired federal or state judicial officer experienced in the underlying subject matter of the dispute.
(2) The arbitrator’s fees shall be allocated as determined by applicable law, as decided by the arbitrator.
(3) Unless applicable law requires otherwise, and notwithstanding any contrary provisions in the AAA Rules or fee schedules, both Pink Helper LLC (“Company”) and the Service Professional shall equally share filing fees and other similar administrative costs common to court and administrative proceedings.
(4) The arbitrator may issue orders, including subpoenas to third parties, allowing the parties to conduct sufficient discovery to prepare their claims and defenses. Discovery shall balance thoroughness with the intent of arbitration to remain a speedy and efficient dispute resolution process.
(5) Except as limited by the Class Action Waiver and Representative Action Waiver, the arbitrator may award any remedies to which either party is entitled under applicable law that would otherwise be available in court. However, the arbitrator shall not have the authority to award remedies unavailable in a court of law for the claims presented. The arbitrator shall apply the relevant state or federal substantive laws.
(6) The arbitrator may hear motions to dismiss or motions for summary judgment and shall apply the standards outlined in the Federal Rules of Civil Procedure governing such motions.
(7) The arbitrator’s decision or award shall be in writing and include findings of fact and conclusions of law.
(8) Either Pink Helper LLC or the Service Professional may seek temporary or preliminary injunctive relief from a court of competent jurisdiction to prevent arbitration from being rendered ineffectual, pending resolution of the dispute.
(g) This Mutual Arbitration Provision does not prevent the Service Professional from reporting or filing a claim with government agencies such as the Equal Employment Opportunity Commission (EEOC), U.S. Department of Labor, Securities and Exchange Commission (SEC), National Labor Relations Board (NLRB), or the Office of Federal Contract Compliance Programs. This provision also does not prevent such agencies from investigating claims or awarding remedies based on their findings, even if the claims fall under this arbitration provision. Service Professionals must comply with any required conditions or exhaust administrative remedies before filing claims in arbitration, where applicable. Pink Helper LLC will not retaliate against any Service Professional for filing claims with government agencies or for exercising their rights under Section 7 of the National Labor Relations Act.
(h) The AAA Rules, including fee schedules, can be accessed at www.adr.org or by contacting the AAA at 1-800-778-7879.
(i) Service Professional’s Right to Opt-Out of Arbitration
Arbitration is not a mandatory condition of the Service Professional’s contractual relationship with Pink Helper LLC. Service Professionals may opt out of the arbitration provision by providing written notice to Pink Helper LLC within 30 days of electronically signing this Agreement (the “Effective Date”). To opt out, the Service Professional must submit a signed and dated written notice, including their full name, to the following address:
Pink Helper LLC
Attn: Legal Department
9560 Queens Blvd, Unit #2027, Rego Park, NY 11374
Alternatively, the Service Professional may email their opt-out notice to support@pinkhelper.com, clearly stating their intent to opt out of the Mutual Arbitration Provision. Opting out will not result in any adverse action from the Company, and the Service Professional retains the right to pursue other legal remedies without regard to this arbitration provision.
If no opt-out notice is provided within 30 days of the Effective Date, the Service Professional and Pink Helper LLC will be deemed to have mutually agreed to the terms of this arbitration provision.
If Pink Helper LLC modifies this arbitration provision after the Service Professional’s initial agreement, the Service Professional may reject the modification by providing written notice to the Company within 30 days of the modification. This rejection must be sent either by mail to the Legal Department at the above address or via email from the account associated with the Service Professional’s Platform profile. Rejection of modifications will result in continued arbitration under the original terms of this provision.
(j) Right to Consult with Counsel
The Service Professional has the right to consult with an attorney of their choice for independent legal advice regarding any aspect of this Agreement or the Mutual Arbitration Provision, including potential claims subject to arbitration.
(k) Severability
If any portion of this Mutual Arbitration Provision is deemed unenforceable, the remaining portions shall remain in full effect. If a dispute is filed as a class, collective, or representative action and a court determines that the Class Action Waiver or Representative Action Waiver is unenforceable, those claims must be litigated in a court of competent jurisdiction. However, the portions of the waivers deemed enforceable will be resolved in arbitration. In such cases, litigation will be stayed pending the resolution of any individual claims in arbitration.
12.3 Governing Law
Except for the Mutual Arbitration Provision outlined in Section 12.2, and unless otherwise prohibited by the laws of the state where the Service Professional primarily resides and works, this Agreement shall be governed and interpreted in accordance with the laws of the state in which the Service Professional performs the majority of their services under the Agreement, without regard to principles of conflicts of law.
The Mutual Arbitration Provision outlined in Section 12.2 shall be governed and enforced under the Federal Arbitration Act (FAA). If, for any reason, the FAA is deemed inapplicable, the provision shall instead be governed by the laws of the State of New York, notwithstanding any principles of conflicts of law.
13. Service Requester Privacy
The Service Professional acknowledges that in performing Services facilitated through Pink Helper LLC (“Company”), they may receive private and/or confidential information regarding Service Requesters, including access to their homes and personal belongings. The Service Professional agrees to treat all such information with the utmost confidentiality and, except upon lawful order from a government authority (e.g., court or administrative agency) or with express written consent from the Service Requester, shall not publish, disclose, or disseminate any confidential information, including but not limited to addresses, telephone numbers, financial information, or other personally identifiable data, for personal benefit or the benefit of any third party.
Additionally, the Service Professional agrees not to engage in any activities that infringe on the privacy of a Service Requester. This includes, but is not limited to, taking unauthorized photographs, audio, or video recordings of the Service Requester, their home, or personal belongings, as well as publishing, sharing, or disclosing any such unauthorized materials.
The Service Professional acknowledges that any failure to comply with these confidentiality and privacy obligations will constitute a material breach of this Agreement, which may result in immediate termination of access to the Platform and/or additional legal consequences as permitted by law.
14. Modification
The Service Professional expressly acknowledges and agrees that by accessing or using the Platform provided by Pink Helper LLC (“Company”), they are bound by the most current version of this Agreement, including any supplements or additional documents incorporated by reference, unless otherwise stated in Section 12.2(i) regarding the Service Professional’s right to opt out of arbitration.
The Service Professional further agrees to be bound by any modifications or supplements to this Agreement only after electronically signing such modifications or supplements, as required by the Company.
This ensures that the Service Professional remains updated on and compliant with any changes to the terms of the Agreement during their use of the Platform.
15. Defend Trade Secrets Act of 2016
The Service Professional acknowledges receipt of the following notice in accordance with 18 U.S.C § 1833(b)(1):
An individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that:
(A) is made:
1. In confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and
2. Solely for the purpose of reporting or investigating a suspected violation of law; or
(B) is made in a complaint or other document filed in a lawsuit or other proceeding, provided that such filing is made under seal.
The Service Professional understands that this provision is intended to protect individuals who disclose trade secrets under lawful and protected circumstances and does not authorize the unauthorized use or disclosure of Company’s trade secrets outside the scope permitted by law.
All notices, other than those required by Section 3.1 and Section 12, including requests, consents, claims, demands, waivers, and other communications (each, a “Notice”), shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement, or to such other address designated by the receiving party in accordance with this Section. Notices shall be delivered by one of the following methods: personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or electronic mail (with confirmation of transmission), or certified or registered mail (return receipt requested, postage prepaid).
This Agreement, along with any documents incorporated by reference, exhibits, schedules, and addenda (if applicable), constitutes the sole and entire agreement between the parties regarding the subject matter contained herein. It supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, regarding the subject matter.
This Agreement may only be amended, modified, or supplemented through a written agreement signed by both parties. Waivers of any terms may only occur through a written document signed by the party waiving compliance. Except as expressly stated otherwise in this Agreement, if any term or provision of this Agreement is found invalid, illegal, or unenforceable in any jurisdiction, this determination shall not affect the validity, legality, or enforceability of other terms or provisions in other jurisdictions.
This Agreement may be executed in multiple counterparts, including via electronic or facsimile signatures, each of which shall be deemed an original, and all counterparts shall collectively constitute one binding document. Section headings in this Agreement are included solely for convenience and shall not affect the interpretation of this Agreement.
No marketing material, website content, or information available on the Platform shall be interpreted to amend or modify this Agreement unless explicitly stated herein. Furthermore, nothing in this Agreement creates or implies any third-party beneficiary rights, except as specifically outlined in Section 12.2.
The Service Professional acknowledges that they have read and understand this Agreement and have had reasonable opportunity to seek independent legal advice at their own expense prior to signing this Agreement.
By checking the box that states, “I AGREE TO THE SERVICE PROFESSIONAL AGREEMENT,” the Service Professional agrees to this Service Professional Agreement and accepts the terms and conditions set forth herein.
The Service Professional understands and agrees that their electronic signature is as legally binding as a handwritten signature.
Pink Helper Service Categories and Terms
1. Authorized Service Categories
The Service Professional acknowledges that they, along with any assistants, helpers, subcontractors, or other personnel they engage, are fully licensed (as required by applicable law), qualified, and authorized to provide services selected during the sign-up process. The available service categories on the Pink Helper Platform include:
• Residential Cleaning
• Furniture Assembly
• Wall Hanging and Shelving
• Television Mounting
• Relocation Assistance
• Interior Painting
• Plumbing Services
• Drain Work
• Toilet Repairs
• Other Plumbing Tasks
• Electrical Work
• Ceiling and Bath Fan Installations
• Light Fixture Installations
• Outlet Repairs
• Other Electrical Work
• Smart Home Device Installation
• Window Cleaning and Treatments
• Garbage Disposal Maintenance
• Lawn Care Services
• General Handyman Tasks
• Other Customized Services
The Service Professional agrees to provide only those services for which they are qualified and authorized.
2. Performance and Cancellations
Pink Helper applies the following default fees for service failures and cancellations, subject to modification through mutual agreement between the parties.
Service Failures by Service Professional
1. Failure to Start on Time
• Fee: $15 if the Service Professional does not start at the agreed-upon time and the Service Requester submits a complaint.
2. Leaving Before Completion
• Fee: $15 if the Service Professional leaves before completing the job and the Service Requester submits a complaint.
Cancellations by Service Professional
1. Cancellation with 48–24 Hours’ Notice
• Fee: $10
2. Cancellation with 24–4 Hours’ Notice
• Fee: $20
3. Cancellation with Less Than 4 Hours’ Notice
• Fee: $40
4. Failure to Appear Without Notice
• Fee: $50
5. Early Payment Request
• Fee: Up to $5 per request
Cancellations or Reschedules by Service Requester
1. 12–30 Hours’ Notice
• Payment to Service Professional: $15, unless the cancellation is due to the Service Professional failing to appear.
2. Less Than 30 Minutes’ Notice
• Payment to Service Professional: The full service fee for the job, up to 2 hours (or up to 3 hours in New York).
Special Circumstances
1. Inability to Perform Services
• Payment to Service Professional: $15 in cases where the inability is due to external factors, such as:
• Key issues
• Unsafe working conditions
• Inaccurate job descriptions
2. Damage or Loss to Client’s Property
• Fee: $5 or as otherwise negotiated.
3. Failure to Return Keys
• Fee: $100 or as otherwise negotiated.
Additional Notes
• These default fees act as guidelines unless otherwise negotiated between the Service Requester, Service Professional, or Pink Helper LLC.
• Fees and policies are subject to local and state regulations.
• Pink Helper LLC reserves the right to adjust fees or terms to align with platform updates or individual cases.
By Mail:
Copyright Agent
9560 Queens Blvd, Unit #2027
Rego Park, NY 11374
United States
Last Updated: December 5, 2024
