EapoTech Platform Legal Terms

IMPORTANT NOTICE: This agreement governs all relationships on the EapoTech Platform, including Company-Subcontractor agreements and Customer-Service Provider relationships. The Platform Operator is NOT a party to any work assignments or agreements between users. By using the Platform, you acknowledge and agree to these terms.

Platform Operator's Role and Limitations

Platform Operator's Role:
• EapoTech operates as a qualified marketplace platform under applicable laws
• Platform facilitates connections between Companies and Subcontractors
• Platform provides Work Order templates and payment processing services
• Platform is NOT a party to any Work Order or agreement between Company and Subcontractor

Platform Operator Limitations:
• EapoTech is not an employer or joint employer of any Subcontractor
• EapoTech is not responsible for the performance or non-performance of any Company or Subcontractor
• Each Subcontractor is solely responsible for their acts and the acts of their employees, agents, and subcontractors
• Each Company is solely responsible for their acts and the acts of their employees, agents, and subcontractors
• EapoTech is not bound by any terms of a Work Order

Company-Subcontractor Agreements

Independent Contractor Relationship:
The Subcontractor is an independent contractor and not an employee of the Company. This agreement does not create an employment relationship.

Subcontractor Responsibilities:
• All applicable taxes, insurance, and benefits
• Compliance with local, state, and federal regulations
• Maintaining required certifications and licenses
• Providing their own tools and equipment (unless otherwise specified)

Company Limitations:
• Shall not withhold taxes from payments
• Shall not provide employee benefits
• Shall not control the Subcontractor's work methods (except for safety and quality standards)
• Shall not require exclusive service to the Company

Customer-Service Provider Agreements

Service Request Process:
• Customer creates service requests through Platform
• Customer specifies service requirements, location, and timeline
• Platform facilitates connection with qualified Service Providers
• Service Providers may submit quotes or proposals
• Customer reviews and selects preferred Service Provider

Service Provider Obligations:
• Complete services according to agreed specifications
• Maintain professional conduct and appearance
• Comply with all safety standards and regulations
• Provide quality workmanship meeting industry standards

Customer Obligations:
• Provide accurate service requirements and specifications
• Ensure safe and accessible work environment
• Approve or dispute completed work within specified timeframe
• Pay agreed compensation upon satisfactory completion

Work Order Creation and Acceptance

Work Order Creation:
• Company creates Work Orders using Platform templates
• Company controls all Work Order content including timing, location, skills required, and tools required
• Company may add custom terms to Work Orders through Platform interface
• Work Orders must comply with Platform's standard terms and conditions

Work Order Acceptance Process:
• Company posts proposed Work Order on Platform
• Subcontractor may accept Work Order as posted or make counterproposal
• Company may accept counterproposal with modified terms
• Once accepted, binding engagement is established for services in Work Order

Payment Terms

Payment Schedule:
• Payments are processed through the Platform's escrow system
• Standard payment terms: 7-10 business days after assignment completion
• Payment frequency: Weekly (Fridays) for completed assignments

Payment Process:
• Company deposits funds into Platform escrow account
• Funds are held until assignment completion and approval
• Platform deducts applicable fees before transferring to Subcontractor
• Subcontractor receives payment via Stripe Connect account

Payment Disputes:
• All payment disputes must be reported within 48 hours of expected payment date
• Disputes are handled through Platform's dispute resolution system
• Company has 5 business days to approve or dispute completed work
• Platform may hold funds during dispute resolution

Late Payment Policy:
• Company acknowledges that consistent late payments may result in Subcontractor termination
• Platform reserves right to suspend Company accounts for repeated payment delays
• Emergency payment protocols available for critical personnel

Platform Fees and Costs

Fee Structure:
• Subcontractor Platform Fee: 2.5% of assignment value
• Company Platform Fee: 3.0% of assignment value
• Customer Platform Fee: 3.0% of service value
• Service Provider Platform Fee: 2.5% of service value
• Fees are calculated and deducted automatically by the Platform

Additional Costs:
• Subcontractor responsible for any banking fees for payment processing
• Company responsible for escrow deposit fees
• Platform may charge additional fees for expedited services

Insurance and Liability

Subcontractor Insurance Requirements:
• General Liability Insurance: Minimum $1,000,000 per occurrence
• Professional Liability Insurance: Minimum $500,000
• Workers' Compensation Insurance (if required by state)
• Commercial Auto Insurance (if using personal vehicle for work)

Liability Limitations:
• Subcontractor assumes full responsibility for their work and conduct
• Company's liability limited to assignment compensation
• Platform provides no warranty on work quality or performance
• Platform Operator's liability limited to Platform services only

Indemnification:
• Subcontractor indemnifies Company and Platform against claims arising from Subcontractor's work
• Company indemnifies Subcontractor against claims arising from Company's specifications or requirements
• Both parties indemnify Platform Operator against claims arising from their use of Platform services

Intellectual Property

Work Product Ownership:
• Company owns all Work Product created for assignments
• Subcontractor assigns all rights to Work Product to Company
• Subcontractor retains rights to pre-existing intellectual property

Confidentiality:
• Subcontractor agrees to maintain confidentiality of Company information
• Non-disclosure obligations survive termination of this agreement
• Subcontractor may not use Company information for competitive purposes
• Both parties agree to maintain confidentiality of Platform operations and data

Intellectual Property Rights:
• Comprehensive IP Definition: All present and future rights conferred by statute, common law or equity in relation to copyright, trademarks, designs, patents, inventions, goodwill, and all other intellectual property rights
• Platform IP Ownership: This agreement does not transfer any intellectual property owned by EapoTech LLC or third parties
• Trademark Protection: All trademarks, service marks, graphics and logos used in connection with Platform are trademarks of EapoTech LLC or its licensors
• No License Grant: Use of Platform grants no right or license to reproduce or use EapoTech LLC or third-party trademarks

Safety and Compliance

Safety Standards:
• Subcontractor must comply with all applicable safety regulations
• Company safety standards must be followed at all work sites
• Subcontractor responsible for maintaining safe working conditions

Regulatory Compliance:
• Subcontractor must maintain all required licenses and certifications
• Compliance with local, state, and federal regulations is mandatory
• Subcontractor responsible for any violations or penalties

Termination

Termination Rights:
• Either party may terminate this agreement with 30 days written notice
• Immediate termination for material breach of agreement
• Platform may suspend accounts for violations of terms

Termination Procedures:
• Notice must be provided through Platform's messaging system
• Outstanding assignments must be completed or transferred
• Final payments processed according to standard terms

Effect of Termination:
• All confidentiality obligations continue
• Subcontractor must return all Company materials
• Platform fees remain applicable to completed work

Dispute Resolution

Dispute Types Covered:
• Payment disputes
• Service quality issues
• Contract breaches
• Communication problems
• Pricing disputes
• Timeline/schedule disputes
• Scope change disputes
• Cancellation disputes

Resolution Process:
Step 1: Direct negotiation between parties (48 hours)
Step 2: Platform mediation (5 business days)
Step 3: Binding arbitration (if mediation fails)
Step 4: Legal action (last resort)

Dispute Timeline:
• Disputes must be filed within 30 days of incident
• Platform provides mediation services at no additional cost
• Arbitration costs shared equally between parties

Communication and Reporting

Communication Requirements:
• All communication must occur through Platform's messaging system
• Subcontractor must respond to Company inquiries within 24 hours
• Emergency contact information must be kept current

Reporting Obligations:
• Progress updates required for assignments exceeding 3 days
• Incident reporting required for safety issues
• Completion documentation required for all assignments

Platform Rules and Policies

Account Requirements:
• Subcontractor must maintain active Platform account
• Profile information must be accurate and current
• Required certifications must be uploaded and verified
Account Security: Users are fully responsible for maintaining account security and all activities under their account
Account Termination: Platform may suspend, disable, or delete accounts for violations or conduct that damages reputation
Re-registration Prevention: Users whose accounts are terminated for violations may not re-register

Prohibited Activities:
• Contacting clients directly about payment or internal issues
• Sharing Platform access with unauthorized persons
• Violating Platform's terms of service
• Engaging in fraudulent or deceptive practices
Unlawful Purposes: Using Platform for any unlawful purpose or to solicit others to perform unlawful acts
Harassment/Discrimination: Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
False Information: Submitting false or misleading information
Malicious Code: Uploading or transmitting viruses or malicious code
Spam/Phishing: Spamming, phishing, pretexting, spidering, crawling, or scraping
Security Circumvention: Interfering with or circumventing Platform security features

Force Majeure

Definition:
Events beyond reasonable control including natural disasters, government actions, pandemics, or other emergencies

Effect:
• Parties excused from performance during force majeure events
• Reasonable efforts required to resume performance when possible
• Platform may suspend operations during extended force majeure events

General Provisions

Governing Law:
• This agreement governed by [STATE] law
• Jurisdiction: [COURT SYSTEM]

Severability:
• If any provision is invalid, remaining provisions remain in effect
• Invalid provisions replaced with valid provisions achieving same purpose

Entire Agreement:
• This agreement constitutes the entire understanding between parties
• Modifications must be in writing and signed by both parties
• Platform terms of service incorporated by reference

Assignment:
• Subcontractor may not assign this agreement without Company consent
• Company may assign this agreement to affiliates or successors

Platform Operator Rights:
• Platform Operator reserves right to modify Platform terms at any time
• Continued use of Platform constitutes acceptance of modified terms
• Platform Operator may suspend or terminate accounts for violations

Amendment Process:
Modification Rights: Platform Operator reserves right to modify this agreement at any time
Notification Methods: Changes will be posted on Platform with updated date, email notification, or other methods at Platform's discretion
Effective Date: Updated terms effective immediately upon posting unless otherwise specified
Continued Use: Continued use of Platform after effective date constitutes acceptance of changes

Electronic Acceptance

Digital Agreement Acceptance:
• By accessing and using the Platform, users automatically accept these terms
• No physical signature required for agreement formation
• Continued use of Platform constitutes ongoing acceptance

Agreement Formation:
• Agreement formed when user creates account or uses Platform services
• Electronic acceptance has same legal effect as physical signature
• Users acknowledge they have read, understood, and agree to be bound by these terms

Modification Acceptance:
• Platform may modify terms at any time
• Continued use after modification constitutes acceptance of new terms
• Users will be notified of changes through Platform interface

Withdrawal of Consent:
• Users may withdraw consent by terminating their account
• Withdrawal does not affect obligations incurred before termination
• Platform may suspend or terminate accounts for violations

Contact Information

Platform Support:
Email: support@eapotech.com
Phone: (800) 705-4429
Website: https://www.eapotech.com

Legal Inquiries:
Email: legal@eapotech.com

Document Information:
Version: 2.0
Last Updated: [DATE]
Effective Date: [DATE]

PLATFORM LIABILITY LIMITATIONS:

USE OF THE PLATFORM IS AT USER'S SOLE RISK. EXCEPT AS SET FORTH EXPRESSLY IN THIS AGREEMENT, THE PLATFORM IS PROVIDED "AS IS" AND "AS-AVAILABLE" AND WITHOUT A WARRANTY OF ANY KIND. EAPOTECH DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION OR QUALITY OF THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

COMPREHENSIVE WARRANTY DISCLAIMERS:
• No warranty that Platform will meet user requirements
• No warranty that Platform will be uninterrupted, timely, secure, or error-free
• No warranty as to results obtained from Platform use
• No warranty as to accuracy or reliability of information obtained through Platform
• No warranty that defects in Platform will be corrected
• No warranty regarding goods or services purchased through Platform
• No advice or information creates warranty not expressly stated herein

LIABILITY LIMITATIONS:
• Platform Operator's aggregate liability limited to total fees paid during most recent 6 months or $2,500, whichever is less
• No liability for indirect, punitive, special, incidental, or consequential damages
• No liability for loss of business, revenue, profits, use, data or other economic advantage
• Platform Operator not liable for performance or non-performance of Users

INDEMNIFICATION REQUIREMENTS:
Each User shall indemnify Platform Operator against claims arising from user's misuse of Platform services, violation of applicable law, infringement of third-party rights, or violation of Platform terms. User agrees to indemnify and hold EapoTech LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees.