Kickback Terms & Conditions
Last Updated October 16th, 2024
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"). These Terms govern your use of Kickback's website and mobile applications, as well as any related services, information, and communications provided by Kickback (collectively referred to herein as the "Platform").
The use of all personal data you submit to the Platform, or which we collect about you, is governed by our Privacy Policy
These Terms, together with the Privacy Policy and any additional policies or terms referenced within these Terms (collectively referred to as the "Agreement"), govern your access to and use of the Platform. The Agreement also includes all other supplemental policies and terms linked to within these Terms or which are otherwise made available to you and are incorporated into the Agreement by reference.
BY ACKNOWLEDGING THESE TERMS OF SERVICE AND/OR ACCESSING AND USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY (WITHOUT LIMITATION OR QUALIFICATION) THE AGREEMENT (INCLUDING ALL TERMS INCORPORATED HEREIN BY REFERENCE).
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
1. General Terms
1.1 Company Information:
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. The company’s registered address is [Insert Address], and Kickback LLC is listed with the Michigan Department of Licensing and Regulatory Affairs (LARA).
1.2 Purpose of the Platform:
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. 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. 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:
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.
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:
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 of the Platform after the effective date of changes constitutes acceptance of the revised terms.
1.5 Termination of Agreement:
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.
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:
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. 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:
2.1.1 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.
2.1.2 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.
2.1.3 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.
2.1.4 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.
2.1.5 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:
2.2.1 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.
2.2.2 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.
2.2.3 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.
2.2.4 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.
2.2.5 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 any approved additional expenses incurred during the task, provided they agree to such costs.
2.2.6 Reviews and Ratings
Taskers will receive reviews and ratings from homeowners after the completion of each task. Maintaining a positive rating is crucial for continued success on the Platform.
Negative feedback or consistent poor performance may result in fewer task offers, account suspension, or banning from Kickback.
3. Task Posting, Vetting, and Responsibilities
Kickback operates to facilitate connections between homeowners (service requesters) and taskers (service providers). Both parties must adhere to specific protocols regarding task posting, vetting of taskers, insurance requirements, and professional conduct. Below are the expanded details for each party's roles and responsibilities:
3.1 Task Posting by Homeowners
Homeowners are responsible for accurately and clearly posting tasks on the Kickback Platform. The following elements are essential for a proper task posting:
3.1.1 Clear and Detailed Task Descriptions
Homeowners must ensure that all task descriptions are clear, detailed, and specific. This includes providing information about the nature of the work, any expected deliverables, the location of the task, and the time frame for completion.
Task descriptions should include any special requirements or qualifications needed for the job. For example, tasks involving technical work (plumbing, electrical, etc.) should clearly state the level of expertise required from the tasker.
Ambiguity in task descriptions may result in confusion, disputes, or the inability of a tasker to complete the work as requested.
3.1.2 Posting Legal and Appropriate Requests
Homeowners must ensure that all posted tasks comply with local, state, and federal laws. Posting illegal or unethical tasks (e.g., involving criminal activities, harassment, etc.) is strictly prohibited.
Kickback reserves the right to remove any task posts that violate these legal or ethical standards, and offending homeowners may face suspension or banning from the Platform.
3.1.3 Reasonable Time Frames and Compensation
Homeowners should provide an estimated duration for the task and offer reasonable compensation based on the complexity and time required to complete the work.
Unreasonable task demands or insufficient compensation may result in fewer or no applications from taskers
3.2 Vetting Taskers
Kickback offers homeowners various tools and resources for vetting taskers to ensure the best match for their posted tasks. Below are the key elements of the vetting process:
3.2.1 Reviews and Ratings
Homeowners are encouraged to review tasker ratings and feedback provided by other users who have previously hired the tasker. This provides insight into the tasker’s reliability, work quality, communication, and professionalism.
Taskers with consistently poor reviews or ratings below a certain threshold may be removed from the Platform.
3.2.2 Portfolio and Previous Work
Taskers may upload portfolio photos or provide examples of previous work to demonstrate their skills. Homeowners should review these portfolios to assess whether the tasker’s expertise matches the requirements of the task.
3.2.3 Badge Certifications
Kickback offers optional badge certifications, which indicate that a tasker has undergone certain verifications. These badges include, but are not limited to:
Background Checks: Taskers may voluntarily undergo background checks to ensure they have no prior criminal convictions that would raise concerns for homeowners.
Photo Verification: Kickback may verify the tasker's identity through photo verification to ensure that the tasker using the Platform is the person represented in the profile.
University Student Badges: Taskers may also display badges indicating that they are current university students, signaling a certain level of responsibility and educational attainment.
Although badges provide additional assurance, they do not replace the homeowner’s responsibility for vetting the tasker.
3.3 Insurance and Liability
3.3.1 Taskers’ Responsibility for Insurance
Taskers are responsible for obtaining their own insurance coverage for the tasks they complete. This includes general liability insurance or any other form of coverage needed to protect themselves and the homeowner in the event of accidents, damage, or injuries during task performance.
Kickback does not provide insurance coverage for taskers. Taskers must ensure they are adequately protected, as the Platform only facilitates the connection between the parties.
3.3.2 Homeowners’ Liability
Homeowners should ensure that they have adequate homeowner’s or renter’s insurance coverage that may apply to services performed on their property. Kickback does not assume liability for any damage, injury, or losses that occur during the course of the task.
3.4 Task Execution and Professionalism
Taskers on the Kickback Platform must uphold certain standards in task execution, timeliness, and professionalism. Below are the key obligations of taskers:
3.4.1 Completion of Tasks to Specifications
Taskers are required to complete tasks according to the specific instructions provided in the homeowner's original task description.
Deviations from the agreed-upon work or failure to meet the homeowner’s expectations, unless mutually agreed upon, may result in negative reviews and potential suspension from the Platform.
If a task requires additional work or modifications not included in the original scope, the homeowner and tasker must agree to additional compensation before any extra work begins.
3.4.2 Timeliness
Taskers are expected to complete tasks within a reasonable time frame or according to the homeowner’s suggested deadline.
Unreasonable delays, lack of communication, or failure to show up to an agreed-upon task appointment may result in penalties, negative reviews, and possible banning from the Platform.
3.4.3 Respectful and Professional Conduct
Taskers are required to behave professionally and respectfully while interacting with homeowners and while on-site at the homeowner’s property.
Harassment, abusive language, disrespect, or any unprofessional conduct will not be tolerated and may result in immediate suspension or banning from the Platform.
3.5 Dispute Resolution and Communication
3.5.1 Handling Disputes
If disputes arise between a homeowner and a tasker regarding the completion of work, quality, or compensation, both parties are encouraged to communicate directly to resolve the matter.
If the dispute cannot be resolved, homeowners and taskers may contact Kickback support for mediation. Both parties may be required to provide supporting documentation, such as photos, messages, and proof of task completion.
3.5.2 Reporting Issues
Homeowners and taskers who experience harassment, threats, or illegal activity are encouraged to report these incidents to both Kickback and local authorities where appropriate.
In the event of reported criminal or illegal activities, Kickback reserves the right to remove the involved user(s) from the Platform and cooperate with law enforcement.
4. Responsibilities of Taskers
Taskers on Kickback are independent contractors responsible for the services they provide to homeowners. As a tasker, you are not an employee of Kickback or the homeowners, and you must adhere to the following responsibilities to maintain a successful presence on the Platform. Below are the expanded details of your obligations as a tasker:
4.1 Insurance Responsibilities
4.1.1 Provision of Own Insurance
As an independent contractor, you are solely responsible for providing your own insurance to cover any potential liabilities that may arise while performing tasks. This includes, but is not limited to:
General liability insurance to cover accidents or property damage.
Health or personal injury insurance in case of injury sustained during the task.
Auto insurance, if the task involves the use of a personal vehicle for transportation or delivery.
4.1.2 Kickback’s Non-Insurance Role
Kickback does not provide or offer insurance coverage to taskers for any purpose. Taskers must independently secure any and all necessary insurance to protect themselves from potential risks associated with task performance.
If a tasker performs a task without proper insurance and a loss occurs, the tasker is personally responsible for any resulting damages or liabilities.
4.2 Task Execution
Taskers are required to complete each task in accordance with the specific instructions provided by the homeowner. This includes adhering to the original task description, time frame, and quality expectations.
4.2.1 Adherence to Homeowner Instructions
Taskers must follow the exact instructions outlined by the homeowner in the task request. Any deviation from the agreed-upon task without prior homeowner approval may result in disputes or negative reviews.
If a tasker encounters unforeseen challenges or realizes that additional work is necessary, they must communicate with the homeowner immediately to determine if additional compensation is warranted or if the original task can be modified.
4.2.2 Completion of Task in a Reasonable Time Frame
Tasks should be completed within the estimated time frame provided by the homeowner or in a reasonably timely manner. Consistently failing to complete tasks on time may lead to lower ratings or suspension from the Platform.
If unforeseen circumstances arise that delay task completion, taskers must notify the homeowner as soon as possible to update them on the status of the task and propose a new deadline if necessary.
4.3 Additional Services and Compensation
4.3.1 Scope of Work and Additional Services
Taskers are only obligated to complete the tasks as described in the original posting. Any additional requests made by the homeowner that fall outside the scope of the initial task are not the responsibility of the tasker unless both parties agree on an additional compensation arrangement.
Taskers should avoid agreeing to additional tasks unless they are clearly compensated and the new terms are explicitly understood by both the homeowner and tasker.
4.3.2 Professionalism in Pricing Discussions
If a homeowner requests additional services, the tasker is responsible for setting fair and professional pricing for the extra work. Taskers should avoid taking on extra work without first discussing and agreeing on the additional compensation to avoid disputes.
4.3.3 No Obligation to Perform Unpaid Work
Taskers are not required to perform any work outside the original task description without receiving additional compensation. If the homeowner does not agree to pay for extra services, the tasker has the right to refuse the additional work without penalty or negative review.
4.4 Quality of Work
4.4.1 Professional and Respectful Conduct
Taskers must conduct themselves in a professional and respectful manner when interacting with homeowners and completing tasks. This includes clear and polite communication, punctuality, and maintaining a respectful demeanor while on the homeowner’s property.
Unprofessional behavior, such as rudeness, failure to communicate, or causing unnecessary disruptions, may result in suspension or banning from the Platform.
4.4.2 Meeting Quality Expectations
The quality of work delivered by the tasker must meet the homeowner’s expectations as outlined in the original task description. Work should be completed with attention to detail and to a standard that reflects professional service.
Poor-quality work, failure to meet deadlines, or failure to follow instructions may result in negative reviews, which can harm the tasker’s reputation on the Platform. Repeated poor performance can result in account suspension or banning.
4.5 Tasker’s Liability for Damage or Issues
4.5.1 Liability for Property Damage
If a tasker causes damage to the homeowner’s property while performing the task, they may be held liable for the repair or replacement costs. This applies to both intentional and accidental damage, and taskers are expected to handle homeowner property with care.
Taskers should ensure they have adequate liability insurance to cover such potential damages. If a tasker fails to have insurance, they may be personally responsible for covering the costs of any damage.
4.5.2 Disputes over Work Quality or Damage
If disputes arise between the tasker and homeowner regarding the quality of work or potential damage caused, both parties should attempt to resolve the issue through direct communication. If necessary, taskers can contact Kickback support for mediation assistance.
Disputes must be reported within 15 days of task completion for Kickback to facilitate mediation. After 15 days, the dispute may be difficult to resolve, and both parties may need to settle the matter independently.
4.6 Reputation and Reviews
4.6.1 Importance of Maintaining Positive Reviews
Taskers are reviewed and rated by homeowners after each task is completed. These ratings and reviews are critical to a tasker’s success on the Platform, as they reflect the tasker’s reliability, work quality, and professionalism.
Taskers must strive to maintain a high rating to attract more task requests. Low ratings may result in fewer opportunities, and consistent negative feedback can lead to account suspension or banning.
4.6.2 Responding to Reviews
Taskers have the option to respond to reviews if they feel the feedback was unfair or if there was a misunderstanding with the homeowner. Polite and professional responses can help mitigate negative feedback and show future homeowners that the tasker values their reputation.
5. Dispute Resolution and Support
Kickback strives to facilitate smooth interactions between homeowners and taskers. However, disputes may arise regarding the quality of work, compensation, or other issues. This section outlines the process for resolving disputes, how proof should be submitted, and how criminal or illegal activities are handled.
5.1 Dispute Resolution Process
5.1.1 Initial Direct Communication
If a dispute arises between a homeowner and a tasker, both parties should attempt to resolve the issue through direct and polite communication. This allows for clarification of expectations and possible misunderstandings without the need for further escalation.
Taskers and homeowners are encouraged to maintain professionalism when discussing issues related to task performance, payment, or quality.
5.1.2 Escalation to Kickback Support
If the dispute cannot be resolved through direct communication, either party may escalate the issue by contacting Kickback Support.
To initiate a dispute review by Kickback, users must email Support@Kickbackservices.com within 15 days of the task completion date. Disputes raised after this period may not be eligible for mediation or support from Kickback.
5.1.3 Kickback Mediation
Kickback’s role in dispute resolution is to mediate between the homeowner and the tasker, encouraging an amicable resolution. Kickback does not guarantee any specific outcome but will facilitate discussions to help both parties reach a mutually agreeable solution.
During mediation, Kickback will review all evidence submitted by both parties (see 5.2 Proof Requirements below) and make recommendations based on the available information.
5.2 Proof Requirements
5.2.1 Submission of Proof
When contacting Kickback Support for dispute mediation, both the homeowner and the tasker should submit relevant evidence to support their claims. This may include but is not limited to:
Photos or videos of completed work.
Photos of any damage or incomplete work.
Screenshots or records of communication between the homeowner and tasker.
Receipts, invoices, or any agreements regarding compensation for extra services or repairs.
5.2.2 Documentation of Task Completion
Taskers are encouraged to take clear before-and-after photos of the work completed to prevent disputes. These photos should capture the state of the task at both the start and end of the task period to verify that the work was performed to the homeowner’s expectations.
If a tasker completes the task satisfactorily but a homeowner disputes the quality, these photos can serve as critical evidence to show that the task was completed according to the initial request.
5.2.3 Damage Documentation
If damage to property occurs during the task, homeowners should document the damage immediately through photos or video and submit this as part of the dispute.
If the tasker disputes the claim of damage, they should provide evidence, such as photos taken during the task or proof of non-interaction with the damaged area or item.
5.2.4 Responsibility for Costs
If the dispute centers on repair costs or additional work not initially agreed upon, both parties must provide documentation of the original task description and any communication about additional services or repairs. Taskers are not responsible for performing or paying for additional work unless explicitly agreed upon with the homeowner.
5.3 Limitations of Kickback’s Liability
5.3.1 User Responsibility for Losses
Kickback is not responsible for any financial losses, damages, or disputes arising from tasks performed or requested on the platform. All financial obligations, quality concerns, and legal risks are borne by the users themselves.
Taskers and homeowners agree that Kickback is a facilitator of connections between parties and does not offer warranties or guarantees regarding the quality of work or services provided.
5.3.2 Non-Compensable Losses
Kickback does not compensate users for personal losses, property damage, or other costs incurred during or after a task. All tasks are performed at the user’s own risk. Homeowners are responsible for verifying the qualifications and background of taskers, and taskers must ensure they are adequately insured (see Section 4.1).
5.4 Handling Illegal or Criminal Activity
5.4.1 Reporting Criminal or Illegal Activity
Any activity involving criminal or illegal conduct, such as harassment, theft, or other violations of local, state, or federal law, should be reported to local authorities immediately by either party.
Kickback encourages users to prioritize their safety and report serious issues to law enforcement first. After contacting authorities, users may inform Kickback by emailing Support@Kickbackservices.com to notify the platform of the incident.
5.4.2 Evidence Submission for Illegal Activity
If criminal or illegal activity occurs during the course of a task, users should provide evidence of the incident to both the authorities and Kickback Support. This evidence may include:
Photos, videos, or screenshots of interactions.
Written communications indicating threats or unlawful behavior.
Witness statements or police reports related to the incident.
5.4.3 Termination of Users Engaged in Illegal Activity
Kickback reserves the right to suspend or terminate any user involved in criminal activity, harassment, threats, or any other illegal conduct. These users may be permanently banned from using the platform.
In addition, any user found to be bypassing Kickback’s payment system or engaging in fraud or other prohibited activities may face account termination and potential legal action.
5.5 Dispute Finality and Closure
5.5.1 Resolution Closure
Once Kickback has mediated a dispute and made recommendations, the case will be considered closed. While Kickback will attempt to help both parties reach a fair solution, users may still pursue independent legal action if the dispute cannot be resolved to their satisfaction.
Kickback does not offer any arbitration or legal rulings, and users must resolve legal claims independently through the courts or other appropriate legal channels.
5.5.2 Time Frame for Raising Disputes
Users have 15 days from the date of task completion to raise any disputes. Disputes raised after this time may not be eligible for mediation, and Kickback may consider the matter closed.
If a dispute is not resolved within this window, Kickback reserves the right to close the case and remove the task from active dispute resolution processes.
6. Payments and Fees
Kickback uses a secure payment system powered by Stripe to handle all financial transactions on the platform. This section covers the details regarding payment processing, fee structure, and the responsibilities of homeowners and taskers.
6.1 Payment Handling through Stripe
6.1.1 Stripe Integration
All payments for services rendered through Kickback are processed via Stripe, a trusted third-party payment processor. Stripe ensures that both homeowners and taskers have a secure and reliable method of payment transfer.
Payments are not stored or processed on Kickback’s servers, which means Kickback does not have access to your payment details. Payment information (e.g., credit card details, bank accounts) is stored securely by Stripe.
6.1.2 Secure Transactions
Kickback facilitates secure transactions between homeowners and taskers through Stripe’s encrypted payment gateway. Stripe is compliant with Payment Card Industry Data Security Standard (PCI-DSS), ensuring that your sensitive payment information is protected from unauthorized access.
Users can add, edit, or remove payment methods through the settings section of the Kickback platform. Changes to payment details are immediately updated in the Stripe system.
6.1.3 Payment Timelines
Once a task is completed and marked as finished by the homeowner, the tasker will receive payment according to the Stripe payout schedule, which typically occurs within 1–3 business days. Delays may occur due to bank processing times or holidays.
If any issues arise during payment processing (e.g., failed payment or invalid payment method), Kickback and Stripe will notify the parties involved, and further action will be required to resolve the issue before the payment can be completed.
6.1.4 Disputes Involving Payments
In the event of a payment dispute, such as a disagreement over compensation or refund requests, Kickback Support should be contacted (see Section 5). Stripe does not mediate disputes between users; its role is purely to process the transactions once agreed upon by both parties.
6.2 Fee Structure
6.2.1 Service Requester (Homeowner) Fee
Homeowners using the Kickback platform to post task requests are subject to a service fee. This fee is set at a 10% increase of the total task cost. This means the final amount a homeowner pays includes a 10% markup on the agreed-upon task price.
Example: If a homeowner agrees to pay $100 for a task, their total cost would be $110 (including the 10% fee).
6.2.2 Service Provider (Tasker) Fee
Taskers who perform services for homeowners are also subject to a service fee, which is a 10% decrease from the total task payment. This means taskers will receive 90% of the final task price once the fee is deducted.
Example: If a homeowner agrees to pay $100 for a task, the tasker would receive $90 (after the 10% fee is deducted).
6.2.3 Kickback+ Subscription Discounts
Kickback offers a premium subscription service, Kickback+, which provides reduced fees for homeowners. For subscribers, the service fee charged to homeowners may be lower than the standard 10%.
The specifics of the Kickback+ fee structure will be outlined in the subscription terms, which will provide details about the reduced fees and any additional benefits that subscribers may receive.
6.2.4 Fee Adjustments
Kickback reserves the right to adjust service fees periodically. Changes to fees will be communicated to users with at least 30 days’ notice before taking effect. Adjustments may be necessary due to operational costs, third-party processing fees, or other business considerations.
Fee changes will not affect tasks that were agreed upon before the change took effect.
6.3 Refunds and Cancellations
6.3.1 Refund Policy
Refunds are generally not offered on Kickback unless there is a valid reason, such as the tasker’s failure to complete the task or a violation of the terms and conditions. Homeowners and taskers should attempt to resolve issues related to refunds directly. If necessary, disputes regarding refunds can be escalated to Kickback Support (see Section 5).
6.3.2 Task Cancellation by Homeowners
Homeowners may cancel a task before it is accepted by a tasker without incurring any fees. However, if a task is canceled after acceptance, the homeowner may still be required to pay a portion of the task cost depending on the circumstances and the amount of work already performed by the tasker.
Homeowners should review the tasker’s profile and communicate clearly before accepting services to minimize the need for cancellations.
6.3.3 Task Cancellation by Taskers
Taskers are responsible for fulfilling tasks they have accepted. If a tasker cancels or fails to complete a task, they may be subject to penalties, including loss of future opportunities on the platform and potential account suspension or banning (see Section 17).
If a tasker cannot complete a task due to unforeseen circumstances, they should notify the homeowner and Kickback Support immediately to avoid penalties.
6.4 Tax Obligations
6.4.1 Taskers’ Responsibility for Taxes
Taskers are considered independent contractors, and as such, they are responsible for reporting and paying any applicable taxes on income earned through the Kickback platform. Kickback does not withhold taxes on behalf of taskers.
Taskers may receive a Form 1099 from Stripe if their earnings exceed the reporting threshold set by the IRS (currently $600 annually). It is the tasker’s responsibility to maintain accurate records of their earnings and to consult a tax professional if needed.
6.4.2 Homeowners’ Responsibility for Taxes
Homeowners are not responsible for withholding taxes for taskers but may be responsible for ensuring any services they procure comply with local or state tax laws. Homeowners should be aware of any potential tax obligations related to hiring independent contractors, particularly for large projects or ongoing services.
7. Fee Structure and Subscriptions
Kickback operates on a fee-based model for both homeowners (service requesters) and taskers (service providers). This section covers the details of the fee structure, subscription options, and any applicable discounts.
7.1 Standard Fee Structure
7.1.1 Homeowner (Service Requester) Fee
Homeowners using Kickback to post tasks are subject to a 10% fee increase added to the total cost of the task. This fee is applied to the final payment after both parties agree on the task terms and price.
Example: If a homeowner agrees to pay $100 for a task, the total amount billed will be $110, with $10 representing the 10% homeowner fee.
This fee helps cover Kickback’s platform operational costs, including hosting, customer support, and payment processing through Stripe.
7.1.2 Tasker (Service Provider) Fee
Taskers performing services for homeowners are subject to a 10% reduction from their total earnings. This fee is deducted automatically from the payment after the task is marked as completed and approved by the homeowner.
Example: If the homeowner agrees to pay $100 for a task, the tasker will receive $90 after the 10% tasker fee is deducted.
This fee covers operational expenses such as platform maintenance, marketing, and user support services.
7.2 Kickback+ Subscription Service
7.2.1 What is Kickback+?
Kickback+ is a premium subscription service designed to offer enhanced benefits to homeowners. By subscribing to Kickback+, homeowners can enjoy reduced fees, priority customer support, and other exclusive perks.
Kickback+ is available for a monthly or annual fee, which will be clearly communicated on the platform.
7.2.2 Kickback+ Fee Benefits for Homeowners
Homeowners subscribed to Kickback+ will experience a reduction in the standard 10% fee applied to their tasks. The exact reduction varies based on the subscription level but typically ranges between 3% to 5% lower than the standard fee.
Example: If the standard fee is 10%, Kickback+ subscribers may only pay a 7% fee on the same task. For a $100 task, the homeowner would pay $107 instead of $110.
Kickback+ subscribers will also gain access to additional features such as higher visibility for their task posts, making it easier to attract taskers quickly.
7.2.3 Kickback+ Terms and Billing
The subscription fee for Kickback+ will be charged either monthly or annually depending on the user’s preference.
Subscribers will be billed automatically through the payment method linked to their account unless they cancel their subscription before the billing cycle renews.
Users may cancel their Kickback+ subscription at any time through the platform’s settings, and the benefits will continue until the end of the current billing period. No prorated refunds will be issued for partial subscription periods.
7.2.4 Kickback+ Tasker Benefits
While Kickback+ is primarily focused on homeowners, taskers may also benefit indirectly. Since Kickback+ subscribers enjoy reduced fees and prioritized postings, taskers may see increased opportunities and faster job placements.
7.3 Fee Adjustments and Notifications
7.3.1 Changes to Fees
Kickback reserves the right to modify its fee structure at any time. This includes adjusting both homeowner and tasker fees as well as subscription costs for Kickback+. Changes to fees may be necessary to account for operational costs, inflation, regulatory requirements, or market conditions.
Fee changes will not apply retroactively to tasks that have already been agreed upon or are in progress at the time of the fee change.
7.3.2 Notice of Fee Changes
Users will be provided with a 30-day advance notice before any fee adjustments take effect. Notifications will be sent via email or through in-app notifications, giving users ample time to review and accept the new fees.
If users do not agree to the fee adjustments, they are free to discontinue their use of the platform or cancel their Kickback+ subscription before the changes take effect.
7.4 Promotions and Discounts
7.4.1 Promotional Offers
Kickback may occasionally offer promotional discounts on fees or subscriptions, including limited-time offers for new users or specific regions. These discounts will be clearly communicated via email, in-app notifications, or on the platform.
Promotional discounts may apply to either homeowner fees, tasker fees, or both, and will have specific eligibility requirements and expiration dates.
7.4.2 Referral Programs
Kickback may introduce referral programs that allow users to invite others to the platform in exchange for discounted fees or other benefits. The terms of the referral program, including the amount of the discount and the eligibility criteria, will be outlined in the specific referral offer.
7.5 Fee Transparency
7.5.1 Fee Breakdown in the App
Both homeowners and taskers will see a clear breakdown of the fees applied to each task before confirming any agreements. This transparency ensures that users understand the exact amount they will pay or receive after fees are deducted.
Example: Before confirming a task, a homeowner will see the total cost, including the 10% fee, and taskers will see the exact amount they will earn after the fee is deducted.
7.5.2 No Hidden Fees
Kickback is committed to fee transparency, meaning there are no hidden or unexpected charges beyond the platform’s clearly stated fees. Any additional fees, such as taxes or third-party charges (e.g., payment processing fees by Stripe), will be disclosed to users before the task is confirmed.
7.6 Refunds of Fees
7.6.1 When Fees are Refundable
In the case of task cancellations or disputes where the homeowner and tasker are unable to come to an agreement, fees may be refunded at Kickback’s discretion. However, refunds of the platform fees (e.g., the 10% service fee) will generally not be offered unless a clear platform error occurred.
Stripe’s processing fees may not be refundable depending on the payment provider’s policies.
7.6.2 Dispute Resolution and Refunds
Users are encouraged to resolve disputes amicably between themselves. If a resolution cannot be reached, users can contact Kickback Support for assistance (see Section 5 for the dispute resolution process). Refunds of service fees will be handled on a case-by-case basis, depending on the nature of the dispute and the evidence provided.
8. Reposting a Task When a Tasker Cannot Fulfill the Request
In cases where a tasker is unable to fulfill a task that has already been agreed upon, Kickback provides a mechanism for homeowners to repost their tasks, ensuring that service requests are not left incomplete. This section explains how homeowners can repost a task, the conditions under which tasks can be reposted, and how Kickback handles situations where a tasker fails to perform.
8.1 Conditions for Reposting a Task
8.1.1 Tasker Cancellation or No-Show
A task can be reposted by the homeowner in the event that:
The tasker cancels the agreement to perform the task after accepting it.
The tasker fails to show up at the agreed-upon time and location for task completion.
The tasker informs the homeowner that they are unable to complete the task as described or expected.
8.1.2 Non-Performance by the Tasker
If a tasker begins a task but fails to complete it satisfactorily (e.g., does not follow instructions, performs substandard work, or abandons the task before completion), the homeowner may choose to repost the task to find a new tasker who can fulfill the request.
8.1.3 Homeowner Request to Repost
Homeowners may also repost a task if the tasker requests changes to the original task agreement that the homeowner does not accept, such as requests for additional compensation or extended deadlines.
8.2 Reposting Process
8.2.1 How to Repost a Task
To repost a task, the homeowner must follow these steps:
Log in to their Kickback account and navigate to the "My Tasks" section of the platform.
Select the task in question and click on the option to "Repost Task".
The homeowner can either repost the task with the original details or make adjustments to the task description, timeline, or payment based on their needs.
Once the task is reposted, it will become visible again to other taskers on the platform, allowing new applicants to express interest.
8.2.2 Notifications and Tasker Reassignment
When a task is reposted, Kickback will notify potential taskers in the area that the task is available for completion.
Homeowners will be able to review new taskers’ profiles, ratings, and reviews, and select a new tasker from the available applicants.
Homeowners should make their selection based on tasker qualifications and past performance to minimize the likelihood of a similar issue recurring.
8.2.3 Communication with the Original Tasker
If the original tasker cancels or fails to perform the task, the homeowner is encouraged to communicate with the tasker via the platform’s messaging system to understand the reason for the cancellation or non-performance. This communication may be necessary in dispute resolution (see Section 5).
However, if communication with the tasker is unsuccessful or unproductive, the homeowner may proceed with reposting the task.
8.3 Handling Cancellations and Payments
8.3.1 Payments for Unfulfilled Tasks
Payments for unfulfilled tasks are not released to taskers until the task is marked as completed by the homeowner. If a tasker cancels before starting or fails to complete the task, no payment will be made.
If the tasker cancels after partial work, payments may be prorated based on the amount of work completed, subject to homeowner approval.
8.3.2 Payment Adjustments Upon Reposting
When a task is reposted, the homeowner may adjust the payment amount based on the original task or make revisions to reflect any partial work already completed by the previous tasker.
Example: If a tasker completes part of the work but abandons the task, the homeowner can repost the task with a reduced scope and adjust the payment accordingly.
8.4 Tasker Accountability
8.4.1 Consequences for Taskers Who Cancel or Fail to Perform
Taskers who frequently cancel or fail to fulfill tasks may face consequences, including:
Negative reviews and lower ratings from homeowners.
Suspension or banning from the Kickback platform if the behavior persists, in accordance with Section 17 of these Terms.
A record of the tasker’s cancellations or non-performance will be maintained by Kickback and may impact their ability to apply for future tasks.
8.4.2 Tasker Rating Adjustments
Taskers’ ratings may be affected by cancellations, no-shows, or unsatisfactory completion of tasks. Kickback encourages homeowners to leave accurate feedback based on their experience with the tasker, as this information helps maintain a high level of accountability and quality within the platform.
8.5 Homeowner Expectations and Reposting Policy
8.5.1 Homeowner Responsibility in Reposting
Homeowners are responsible for providing clear and accurate task descriptions when reposting a task. If the task description is vague or incomplete, taskers may be unable to fulfill the task as expected, leading to further cancellations or non-performance.
Homeowners should ensure that the reposted task description outlines all necessary details, including the expected timeline, specific requirements, and payment.
8.5.2 Time Limits for Reposting
Homeowners are encouraged to repost tasks as soon as they become aware that the original tasker is unable to perform. If a significant amount of time has passed since the original posting, the homeowner may need to update the task description or payment to reflect any changes in their requirements or the market.
8.5.3 Reposting Policy Compliance
Reposting should only occur when the tasker legitimately cancels or cannot perform. Abuse of the reposting feature, such as repeatedly reposting tasks without valid reasons, may result in action from Kickback, including suspension or banning of the homeowner’s account.
8.6 Support and Dispute Resolution for Reposted Tasks
8.6.1 Dispute Resolution for Canceled Tasks
If the homeowner and tasker cannot reach an agreement regarding the cancellation of a task or partial completion, Kickback’s dispute resolution process (outlined in Section 5) can be initiated.
Homeowners should provide any relevant documentation, including messages with the tasker, photos of incomplete work, and a clear description of the issues that led to reposting.
8.6.2 Kickback Assistance with Reposting
If homeowners have difficulty reposting a task or require assistance in finding a new tasker, they can contact Kickback Support at Support@Kickbackservices.com for guidance and troubleshooting.
9. Disclaimer of Responsibility for Quality or Liability
Kickback acts solely as a facilitator of connections between homeowners (service requesters) and taskers (service providers). While the platform enables users to find and hire individuals for specific tasks, Kickback is not responsible for the quality of services provided, nor for any liability arising from those services. This section outlines Kickback’s role and the procedures for addressing issues of service quality or liability, including the role of the platform in dispute resolution.
9.1 Kickback’s Role as a Facilitator
9.1.1 Independent Contractor Status of Taskers
Taskers are independent contractors, hired directly by the homeowner (or service requester), and are not employees or contractors of Kickback. The platform provides the means for homeowners to post job requests and for taskers to apply for and complete those jobs. Beyond facilitating this connection, Kickback is not involved in the actual performance or delivery of the services.
9.1.2 No Oversight of Services Rendered
Kickback does not supervise, control, or oversee the quality of the work performed by taskers, nor does it verify that the work meets any specific quality standards. It is up to the homeowner to vet taskers based on their ratings, reviews, portfolio, and certifications (as outlined in Section 3.3).
9.1.3 No Warranty or Guarantee
Kickback makes no warranties or guarantees regarding the quality, safety, reliability, legality, or timeliness of the services provided by taskers. Homeowners and taskers enter into an agreement directly between themselves, and any dissatisfaction with the performance of services must be resolved between the two parties, with Kickback only acting as a mediator in limited dispute resolution circumstances.
9.2 Quality Issues and Homeowner Recourse
9.2.1 Reporting Quality Issues
If a homeowner experiences poor service quality (e.g., incomplete tasks, unprofessional behavior, or work that does not meet expectations), they can report the issue to Kickback Support at Support@Kickbackservices.com within 15 days of the task completion. Homeowners should provide:
A detailed description of the issue.
Photos or other documentation showing the substandard work.
Any communication with the tasker related to the quality dispute.
9.2.2 Tasker Accountability and Reviews
Homeowners are encouraged to leave a review and rating of the tasker based on the quality of service received. Accurate reviews help other users make informed decisions when selecting taskers and hold taskers accountable for the services they provide. Taskers with consistently poor reviews or a history of quality-related complaints may face suspension or ban from the platform (as outlined in Section 17).
9.2.3 Resolution of Quality Disputes
Kickback does not directly intervene in disputes over the quality of services unless mediation is requested by both parties. Kickback encourages homeowners and taskers to communicate directly and attempt to resolve the matter independently. However, if the parties cannot reach an agreement, Kickback may assist in facilitating communication but cannot mandate refunds or corrections unless both parties agree to mediation.
9.3 Liability Disclaimer
9.3.1 Limitations of Liability
Kickback disclaims all liability for any damages, injuries, losses, or claims arising out of the services performed by taskers. This includes, but is not limited to:
Property damage caused during the task.
Personal injury or harm resulting from the tasker’s actions.
Losses incurred due to tasker negligence or failure to complete the task as agreed.
9.3.2 Homeowner Responsibility
Homeowners are responsible for selecting taskers and ensuring that the individual they hire is adequately qualified and equipped to complete the task. Homeowners must also ensure that the scope of the task is clearly communicated, as outlined in Section 3.2, and that any changes to the original task agreement are mutually agreed upon and compensated as necessary.
9.3.3 Tasker Insurance Requirements
Taskers are required to provide their own insurance to cover any potential damages or liabilities resulting from their work (as outlined in Section 4.1). Kickback does not provide insurance for taskers, and it is the responsibility of the tasker to maintain appropriate coverage for any risks involved in their services. Homeowners should inquire about a tasker’s insurance coverage, if applicable, prior to hiring.
9.3.4 Third-Party Liability
In cases where third-party property or individuals are involved in a task (e.g., neighbors, shared property), Kickback is not liable for any claims made by those third parties. Both the homeowner and the tasker are responsible for mitigating risks and ensuring that the task is conducted safely and legally.
9.4 Dispute Resolution and Support
9.4.1 When to Contact Kickback Support
Homeowners and taskers may contact Kickback Support if they are unable to resolve disputes over quality or liability independently. Support should be contacted within 15 days of the task completion date for assistance with:
Facilitating communication between the homeowner and tasker.
Providing advice on next steps if the dispute cannot be resolved amicably.
Offering guidance on how to escalate the issue if necessary, including the possibility of legal action.
9.4.2 Kickback’s Role in Mediation
Kickback’s role in disputes is limited to mediation upon request. Kickback can help facilitate discussions between the homeowner and tasker to reach a mutually acceptable resolution, but it does not have the authority to enforce decisions or compel compensation.
If both parties agree to mediation, they will need to submit relevant documentation (e.g., photos, messages, contracts) to Kickback Support for review.
If mediation is unsuccessful, the parties may need to pursue legal remedies independently.
9.5 15-Day Notification Period
9.5.1 Timely Reporting of Issues
Homeowners and taskers must report any quality or liability issues to Kickback Support within 15 days of the task’s completion. After this period, Kickback may not be able to assist in resolving disputes, and homeowners or taskers may be required to handle the matter independently through alternative channels, such as direct negotiations or legal proceedings.
9.5.2 Record-Keeping
Kickback advises both homeowners and taskers to keep thorough records of task agreements, communications, and any other relevant information to support their case if a dispute arises. This documentation can be essential in resolving disputes effectively and fairly.
9.6 Kickback’s Limit of Liability
9.6.1 Maximum Liability
In all cases, Kickback’s liability to any user (whether homeowner or tasker) is limited to the fees collected by Kickback for the task in question. This includes any claims related to the platform’s facilitation of the connection between the homeowner and tasker, but excludes any claims arising from the actual performance of the task.
9.6.2 Exclusion of Indirect Damages
Kickback will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, or loss of data, arising out of or related to the use of the platform or the services performed by taskers. This exclusion applies even if Kickback has been advised of the possibility of such damages.
10. Taskers and Service Providers as Independent Contractors
Kickback operates as a facilitator connecting homeowners (service requesters) with taskers (service providers), but it does not employ or contract taskers directly. Taskers are independent contractors working directly for the homeowners, and as such, the legal and financial responsibilities inherent to the working relationship lie between the homeowner and the tasker. This section clarifies the independent contractor status of taskers, the legal implications of this status, and the responsibilities of both parties under this arrangement.
10.1 Independent Contractor Relationship
10.1.1 No Employment Relationship
Taskers using the Kickback platform are not employees of Kickback, nor are they agents or representatives of Kickback. Instead, taskers operate as independent contractors hired by homeowners to complete specific tasks. This distinction is critical as it defines the scope of liability, tax obligations, and legal rights under the agreement between the tasker and homeowner.
10.1.2 No Control Over Work Conditions
Kickback does not control or supervise the working conditions, hours, equipment, or manner in which taskers perform their services. Taskers maintain full discretion and responsibility for how they complete the work requested by the homeowner, provided that they follow the homeowner’s original task instructions as described in Section 4.
Taskers are free to determine how best to complete the task, including choosing their own methods, tools, and time management, within the agreed-upon deadlines.
10.1.3 Right to Refuse Tasks
Taskers retain the right to accept or decline any job offer presented to them through the platform, and homeowners have the freedom to choose from available taskers. This flexible, independent working model underscores the contractor status of taskers, as they are not bound by set schedules or obligated to perform work outside of their own choosing.
10.2 Legal and Financial Obligations of Taskers
10.2.1 Tax Responsibilities
As independent contractors, taskers are solely responsible for their own tax filings and obligations. Kickback does not withhold taxes on behalf of taskers and is not responsible for reporting income to the IRS or other tax authorities.
Taskers must report their earnings from services performed via the platform and ensure compliance with all federal, state, and local tax regulations.
Taskers should be prepared to handle self-employment taxes, income taxes, and any other applicable tax responsibilities arising from their work.
10.2.2 No Benefits or Protections
Taskers are not entitled to employee benefits provided to workers under traditional employment relationships, including but not limited to:
Health insurance
Unemployment benefits
Workers’ compensation
Paid leave
Retirement benefits
Any other employee benefits
As independent contractors, taskers must independently manage their own benefits and protections, including acquiring any relevant insurance policies or coverage.
10.2.3 Liability for Work Performed
Taskers assume full liability for the work they perform. As independent contractors, they are personally responsible for any damages, injuries, or losses that may occur in the course of fulfilling a task.
Homeowners are encouraged to vet taskers carefully and, if necessary, inquire about insurance coverage to mitigate potential risks.
Taskers should consider carrying liability insurance to protect themselves from potential claims arising from accidents, damages, or other issues during a task.
10.3 Kickback’s Role in the Independent Contractor Agreement
10.3.1 No Responsibility for Contractor Compliance
Kickback is not responsible for ensuring that taskers comply with applicable employment laws or contractor regulations. It is the responsibility of the tasker to ensure they are properly classified as independent contractors and that they comply with all relevant local, state, and federal laws governing independent contractors.
10.3.2 No Involvement in Contractor Disputes
Any disputes regarding employment status, payments, benefits, or working conditions between homeowners and taskers must be resolved between those parties. Kickback’s role is limited to facilitating connections and handling disputes that directly relate to platform functionality or payment processing as outlined in Section 5 and Section 9.
10.4 Homeowners’ Responsibilities Regarding Independent Contractors
10.4.1 Hiring Independent Contractors
By using Kickback to hire taskers, homeowners acknowledge that they are hiring independent contractors and not employees of Kickback. Homeowners are responsible for setting the scope of work, communicating expectations, and ensuring that taskers are compensated according to the agreed-upon terms.
10.4.2 Compliance with Local Laws
Homeowners must ensure that they comply with all local, state, and federal laws when hiring taskers as independent contractors. This includes complying with wage and hour laws, tax regulations, and other applicable laws that govern contractor relationships in their state or jurisdiction.
It is recommended that homeowners familiarize themselves with their legal obligations when hiring independent contractors, as regulations may vary depending on location and the nature of the work.
10.5 Kickback’s Disclaimer of Liability for Independent Contractors
10.5.1 No Responsibility for Tasker Conduct
Since taskers are independent contractors, Kickback disclaims responsibility for any conduct or actions taken by taskers in the course of completing a task. This includes but is not limited to:
Errors or omissions in the performance of the task.
Breach of contract or failure to meet task deadlines.
Misconduct, negligence, or unprofessional behavior.
10.5.2 No Vicarious Liability
Kickback is not vicariously liable for any damages, injuries, or losses caused by taskers while they are performing a job. Any claims related to the quality of work, damages to property, or personal injury must be addressed directly between the homeowner and tasker. Kickback’s role is strictly limited to facilitating the connection between the two parties.
10.5.3 Tasker Insurance
As outlined in Section 4.1, taskers are required to carry their own insurance, including liability insurance, to cover potential risks associated with their work. Kickback does not provide insurance coverage for taskers, and any claims for damages or losses must be handled by the tasker’s insurance provider or through direct negotiations between the homeowner and the tasker.
10.6 Indemnification of Kickback
10.6.1 Homeowner and Tasker Indemnification
Both homeowners and taskers agree to indemnify and hold Kickback harmless from any claims, damages, liabilities, or expenses arising out of their use of the platform or the services performed by taskers. This indemnification includes:
Claims related to property damage, personal injury, or loss of income.
Legal costs incurred as a result of disputes between homeowners and taskers.
Any regulatory penalties or taxes resulting from misclassification of contractors.
10.6.2 Indemnification for Violations of Law
Taskers and homeowners are also responsible for indemnifying Kickback for any violations of applicable laws, including but not limited to labor laws, tax laws, or contractor regulations. This includes any penalties, fines, or legal actions taken by government authorities due to improper classification or tax filings.
Socials
Download Now
Contact
support@kickbackservices.com
© 2024 Kickback