Terms & Conditions

A legal disclaimer

Highr Online Contractor Services Agreement

This Online Worker Services Agreement (“Agreement”) constitutes a legal agreement between Highr, Inc. (the “Company,” “Highr,” “we,” or “us”) and you (“User,” “you,” or “your”), and governs your use of and access to the Application (as defined below), which allows Highr’s customers to connect with its network of independent workers to obtain service providers for various short-term assignments.

PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY IF YOU WISH TO BECOME A WORKER AND BEFORE ACCESSING OR PROVIDING THE SERVICES.
PLEASE NOTE: SECTION 27 OF THIS AGREEMENT AFFECTS HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE RESOLVED. THEY CONTAIN ARBITRATION PROVISIONS THAT REQUIRE DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBIT CLASS ACTION CLAIMS. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THAT ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

By accessing and using the Application, or by clicking to accept this Agreement when the option is made available to you, you agree to be bound by this Agreement, which includes the Company’s Privacy Policy and all other policies, rules, guidelines, terms, and conditions established for the Services as set forth therein and otherwise referenced in this Agreement (each a “policy” and collectively, “policies”), which are incorporated herein by reference. In the event of a conflict between any term of this Agreement and a term of a Company policy, this Agreement shall control with respect to such conflict. This Agreement establishes a contractual relationship between you and the Company. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “User,” “you,” and “your” will refer to that company or other legal entity.

This Agreement expressly supersedes any prior agreements with you. With the exception of the mutual obligation to arbitrate disputes, Highr reserves the right to modify or amend any other terms of this Agreement from time to time without notice; your continued use of the Application following the posting of changes to the terms shall constitute your acceptance of such changes.

ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT

1. Definitions.
a. “Application” means the software application used by the Company in connection with the Services.
b. “Account” means the account created for you in connection with the Application upon registration with the Company through the Application. User must maintain an active Account in order to use the Application.
c. “Customer Engagement” means a Customer Request with which a Worker has accepted and thus agreed to perform Services in accordance therewith.
d. “Customer Request” means a notice provided, through the Application, to one or more Workers, which includes a description of the Services to be provided by the Workers, the time by which the Services must be completed (the “Request Completion Date”) and the fees associated with the Services (the “Payment”).
e. “Worker” means a person or entity using the Application, which may include you, who has accepted a Customer Request (thereby becoming a Customer Engagement) and thus agreed to perform Services for a Customer.
f. “Customer” means an independent third-party business that has contracted with Highr to use the Application in order to obtain Services from Workers.
g. “Open Request” means a Customer Request that has not yet been accepted by a Worker. Workers can use the Application to review Open Requests and to indicate their availability for Open Requests. Once a Worker has accepted a Customer Request pursuant to Sections 2 and 4 below, the Customer Request will become a Customer Engagement. For clarity, Workers have no obligation to accept any Open Request).
h. “Services” means the services performed by a User for a Customer in connection with a Customer Engagement.

2. Highr’s Role.

Highr offers the Application as a platform that connects Users and Customers, to permit Users (who become Workers) to be engaged by Customers in order to perform Services for a Customer pursuant to a Customer Request, and to facilitate those dealings. Highr does not directly engage or employ Workers, is not responsible for Customer Requests, and is otherwise not responsible for Customer Engagements.

3. Background Checks.

As part of User’s initial registration with the Company, User agrees to execute a written consent for a background check. Subject to a satisfactory background check and agreement to the terms herein, User will be eligible to use the Application to view and accept Customer Requests. User further agrees to complete any ongoing background checks as may be required by the Company or a Customer. Failure to complete the initial or ongoing background check processes may result in inability to accept Customer Requests and/or removal from the Application.

4. Best Efforts.

By registering to become a User and accepting an Open Request (such Open Request thereby becoming a Customer Engagement), User agrees to use best efforts to perform the Customer Engagement such that the Services meet the requirements and specifications of the Customer, for whom the Open Request was created. Once User has accepted a Customer Request, the Open Request will no longer be available for performance by other users of the Application who received the Open Request. By accepting a Customer Request, User is entering into a binding legal agreement to provide the Services for Customer (and thus becoming a Worker, as defined above) in exchange for the Payment specified in the Customer Request. User may not accept a Customer Request unless certain that: (1) User understands what is requested for delivery; (2) User can perform the Services identified in the Customer Request; (3) User can deliver the Services in the requested time period; and, if required, User can get to and from the Customer’s location. Failure to timely deliver the Services consistent with the Customer’s requirements and specifications will constitute a breach, resulting in non-payment. Further, in the event of such a breach, User will be responsible for payment of any additional fees (e.g., rush fees) or costs incurred as a result of User’s failure to timely complete the Customer Engagement in accordance with the Customer requirements. Unless otherwise specifically agreed upon by Company in writing (and notwithstanding any other provision of this Agreement), all activity relating to the Services will be performed by and only by User or by employees of User. User agrees that User will not (and will not permit others to) violate any agreement with or rights of any third party (including any agreement between User and Customer, which, for clarity, as between Highr and User, is solely governed by and between User and the applicable Customer) or, except as expressly authorized by Company in writing hereafter, use or disclose at any time User’s own or any third party’s confidential information or intellectual property in connection with the Services or otherwise for or on behalf of Company.

5. Payment.

User will receive payment from the Company for the performance of Services in accordance with the terms of the Customer Request. Payment will be made to the User’s designated bank account through the Company’s payment processor. The Company reserves the right to withhold payment in the event of a dispute between the User and a Customer regarding the Services. The Company will not be responsible for any fees or charges associated with the User’s bank account.

6. Insurance.

User agrees to maintain appropriate insurance coverage for the Services provided to Customers. The Company will not be responsible for any damages or losses incurred by the User or Customer in connection with the Services.

7. Termination.

Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, User will cease all use of the Application and return any Company property in User’s possession. The Company reserves the right to terminate User’s access to the Application and the Services in the event of a breach of this Agreement by User.

8. Confidentiality.

User agrees to maintain the confidentiality of all information received from Customers and the Company in connection with the Services. User will not disclose any such information to any third party without the prior written consent of the Company.

9. Limitation of Liability.

The Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) User’s access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Application; and (iv) unauthorized access, use, or alteration of User’s transmissions or content. In no event will the Company’s aggregate liability for all claims relating to the Application exceed the amount of the Payment received by the User from the Company in the three months preceding the claim.

10. Governing Law.

This Agreement will be governed by and construed in accordance with the laws of the Hellenic Republic without regard to its conflict of law provisions.

11. Arbitration.

Any dispute arising out of or relating to this Agreement or the Services will be resolved through binding arbitration. The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12. Miscellaneous.

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements,

representations, and warranties, both written and oral, with respect to the Services. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

By using the Application and accepting Customer Requests, User agrees to be bound by the terms and conditions of this Agreement.