1. General Terms
These Kickback Terms of Service (the "Terms of Service" or the "Terms") constitute a legally binding agreement between the User (defined below) of the Kickback platform (the "Platform") ("you" or "your") and Kickback LLC ("Kickback," "we," "us," or "our").
1.1 Company Information
Legal Entity:
Kickback LLC ("Kickback," "we," "us," or "our") is a limited liability company registered in the state of Michigan, United States. Our business operates under Michigan state law and is bound by the legal framework governing limited liability companies in the state.
Registration and Compliance:
The company's registered address is [Insert Address], and Kickback LLC is listed with the Michigan Department of Licensing and Regulatory Affairs (LARA). We maintain compliance with all applicable state and federal regulations governing our business operations.
1.2 Purpose of the Platform
Marketplace Facilitation:
The primary purpose of Kickback is to provide an online platform that connects homeowners (or other service requesters) with local individuals or taskers who are willing to perform various services or tasks for compensation.
Independent Contractor Model:
Kickback operates as a marketplace where homeowners can post job requests, and taskers can apply to complete these jobs in exchange for payment. Kickback serves as a facilitator and does not employ taskers, nor does it directly engage in the services provided.
Technology Infrastructure:
All taskers are considered independent contractors who work directly for the homeowner or requester of services. Kickback provides the technological infrastructure that supports these connections.
1.3 Agreement to Terms
Legal Binding Agreement:
By accessing or using the Platform, you ("user," "you," "your") agree to be legally bound by these Terms and Conditions and to comply with all applicable laws, rules, and regulations. These Terms and Conditions form a legally binding agreement between you and Kickback LLC.
Third-Party Services:
By agreeing to these Terms, you acknowledge that you have read, understood, and accepted the rights and obligations set forth herein, including those of third-party service providers (such as Stripe for payment processing).
1.4 Modifications to the Terms
Amendment Rights:
Kickback reserves the right, at our sole discretion, to modify or update these Terms and Conditions at any time. Changes to these terms will be posted on the Platform, and users will be notified via email or platform notification at least 30 days prior to the effective date of any substantial modifications.
Continued Use:
Continued use of the Platform after the effective date of changes constitutes acceptance of the revised terms.
1.5 Termination of Agreement
Agreement Duration:
This agreement will remain in full force and effect while you use the Platform and/or maintain an active account. Kickback may terminate your access to the Platform, in its sole discretion, for any reason, including but not limited to violation of these Terms and Conditions, engagement in illegal activity, or harassment of other users.
User-Initiated Termination:
Users may also terminate their agreement with Kickback by deactivating their accounts via the settings section of the app. Upon account deletion, Kickback will take the necessary steps to remove or anonymize any personally identifiable information as required by applicable laws.
1.6 Electronic Communication Consent
Electronic Communications:
By using the Platform, you consent to receive communications from Kickback electronically. These communications may include updates about the Platform, changes to the Terms and Conditions, marketing materials, or important notices regarding your account.
Legal Compliance:
You agree that all communications, notices, agreements, and disclosures provided electronically satisfy any legal requirements that such communications be in writing.
2. User Roles and Responsibilities
Kickback serves as a marketplace for homeowners (referred to as "service requesters") to post tasks and for taskers (referred to as "service providers") to apply to complete these tasks. Each party has distinct roles and responsibilities outlined below:
2.1 Homeowners (Service Requesters)
As a homeowner using Kickback, you are responsible for creating and managing task requests on the Platform. Below are the specific responsibilities of homeowners:
Legal and Specific Task Requests:
- All tasks posted on the Kickback Platform must be legal and comply with applicable local, state, and federal laws
- You are required to be as detailed and specific as possible in your task description, including the scope of work, expected time frame, and any materials or tools needed for task completion
- Requests for illegal or inappropriate services, such as those that involve harm, endangerment, or harassment, are strictly prohibited and will result in the termination of your account
Payment Obligation:
- As a homeowner, you are obligated to compensate the tasker for the work completed according to the original task description
- Payments must be made promptly upon satisfactory completion of the task
- Modifying or adding tasks beyond the original request is prohibited unless you agree to compensate the tasker with additional payment
- All payments are processed securely through Stripe
Vetting Taskers:
- You are responsible for vetting taskers before assigning them to your posted tasks
- Vetting can be done by reviewing their ratings, reviews, portfolio photos, and linked social media profiles
- Kickback also provides optional badge certifications, such as background checks, photo verification, and university student verification, to help you assess taskers' qualifications
- These badges offer added assurance but do not replace the homeowner's responsibility for ensuring the tasker is suitable for the job
Post-Completion Review:
After task completion, you are encouraged to provide an honest review and rating of the tasker's performance. These reviews help maintain the integrity of the Platform and assist future users in making informed decisions.
Reposting a Task:
If a tasker is unable to complete your task or does not meet the agreed-upon standards, you may repost the task through the Platform to find a new tasker. Reposting ensures that your request remains visible to other taskers who may be interested in completing it.
2.2 Taskers (Service Providers)
Taskers on Kickback are independent contractors who provide services to homeowners in exchange for payment. Below are the specific responsibilities of taskers:
Independent Contractor Status:
- Taskers are not employees or agents of Kickback
- As an independent contractor, you are responsible for managing your own work, including the acceptance, performance, and completion of tasks
- You are responsible for providing any necessary insurance to cover potential liabilities while performing tasks
- Kickback does not provide insurance coverage to taskers
Task Completion and Quality:
- Taskers must complete tasks in accordance with the homeowner's original description and instructions
- Failure to follow instructions or deliver the task in a professional and timely manner may result in negative reviews, suspension, or banning from the Platform
- If a homeowner requests additional services beyond the original task, taskers are only required to provide these services if both parties agree to additional compensation
Time Frame and Expectations:
- Tasks should be completed within a reasonable time frame or the estimated duration specified by the homeowner
- If unforeseen circumstances arise that delay task completion, you must promptly inform the homeowner and work toward a resolution
- Failure to meet agreed deadlines or to communicate adequately with the homeowner may result in penalties or removal from the Platform
Professionalism and Conduct:
- Taskers are expected to conduct themselves professionally and respectfully at all times while using the Platform
- This includes timely communication with homeowners, showing up on time for tasks, and adhering to any specific homeowner preferences
- Misconduct, including harassment, theft, damage to property, or any illegal activity, may result in immediate suspension or banning from Kickback
- Additionally, taskers may be reported to local authorities for criminal conduct
Reimbursement for Additional Costs:
If a task requires the purchase of additional materials or tools that were not initially accounted for, the tasker must communicate this with the homeowner. The homeowner is responsible for reimbursing these costs, provided they have been agreed upon in advance.
3. Payment and Fees
Kickback facilitates secure payment processing between homeowners and taskers through our third-party payment processor, Stripe. This section outlines the payment structure, fee schedule, and financial responsibilities for all users of the Platform.
3.1 Payment Processing
Third-Party Payment Processor:
All payments on the Platform are processed through Stripe, a secure third-party payment processing service. By using Kickback, you agree to be bound by Stripe's terms of service and privacy policy in addition to these Terms and Conditions.
Payment Security:
Kickback does not store payment card information on our servers. All payment data is handled securely by Stripe in compliance with PCI DSS standards and industry best practices for payment security.
Supported Payment Methods:
The Platform accepts major credit cards, debit cards, and other payment methods supported by Stripe. Availability of specific payment methods may vary by region.
3.2 Fee Structure
Service Fees for Homeowners:
Homeowners are charged a service fee for each completed task. This fee covers platform maintenance, customer support, payment processing, and other operational costs. The current fee structure is clearly displayed during the payment process.
Service Fees for Taskers:
Taskers are charged a service fee that is deducted from their earnings for each completed task. This fee covers platform access, payment processing, customer support, and other services provided by Kickback.
Fee Transparency:
All applicable fees are clearly disclosed to users before they complete any transaction. Fee amounts and structures may be updated from time to time, with advance notice provided to users.
3.3 Payment Timing and Process
Payment Hold Period:
To ensure quality and allow for dispute resolution, payments to taskers are typically held for 48 hours after task completion. This period allows homeowners to review the completed work and report any issues.
Automatic Payment Release:
If no disputes are raised within the 48-hour period, payment is automatically released to the tasker. This system protects both parties while ensuring timely compensation for completed work.
Manual Payment Processing:
In some cases, homeowners may choose to release payment immediately upon task completion. This option is available through the Platform interface after confirming satisfaction with the completed work.
3.4 Refunds and Disputes
Refund Policy:
Refunds may be issued in cases where tasks are not completed as agreed, where there are significant quality issues, or where other legitimate disputes arise. Each refund request is reviewed on a case-by-case basis.
Dispute Resolution Process:
Payment disputes must be reported within 15 days of task completion. Kickback will facilitate communication between parties to reach a resolution, but does not guarantee specific outcomes.
Chargeback Protection:
Users who initiate chargebacks or payment reversals through their financial institutions without first attempting to resolve disputes through Kickback's process may have their accounts suspended or terminated.
3.5 Tax Responsibilities
Independent Contractor Tax Obligations:
Taskers are responsible for reporting their earnings and paying all applicable taxes as independent contractors. Kickback does not withhold taxes from payments to taskers.
Tax Documentation:
Kickback may provide tax documentation (such as 1099 forms) to taskers who earn above certain thresholds, as required by law. Users are responsible for maintaining accurate records of their Platform earnings.
International Considerations:
Users in different jurisdictions may have varying tax obligations. Users are responsible for understanding and complying with their local tax requirements related to Platform earnings.
⚖️ Terms & Conditions Matter
These terms govern your use of Kickback and protect both homeowners and taskers. By using our platform, you agree to these legally binding terms and the independent contractor relationship they establish. Please review carefully and contact us with any questions.
Contact Legal Team📋 Quick Summary
Platform Purpose
Kickback connects homeowners with local taskers for various services, operating as a marketplace facilitator.
User Responsibilities
Homeowners post legal tasks and pay promptly. Taskers complete work professionally as independent contractors.
Payment Structure
Secure payments through Stripe with service fees, 48-hour hold period, and clear dispute resolution process.
Legal Protection
Comprehensive terms protect all parties while maintaining the independent contractor relationship.