Qwick Business Services Agreement
Qwick Business Services Agreement
Last Updated: 6/13/25
This Business Services Agreement (“BSA”), in addition to the Terms of Use and Marketplace Terms, applies to Business Users and governs access to and use of your Business User Account, the Marketplace, and all Gig Services. In the event of any conflict between this BSA and the Marketplace Terms, the BSA applies. Capitalized terms used but not defined in this BSA have the meanings described in the Terms of Use and Marketplace Terms.
By creating, accessing, or using your Business User Account, you are agreeing to this BSA and concluding a legally binding contract with Qwick. You are not authorized to create, access, or use a Business User Account if you do not agree to this BSA. For purposes of this BSA, “you” or “your” refers to a Business User.
ARBITRATION NOTICE: THIS BSA IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 21 OF THE TERMS OF USE. These provisions limit our liability to you and affect how disputes are resolved.
GIG POSTING AND GIG SERVICES
For each Gig Posting, you are responsible for ensuring that the contents are accurate and complete at the time of posting and until completion of the Gig Services. Once selected by a Pro User, the Gig Posting is cancellable subject to Section 1.2 below.
In the event that you cancel a Gig Posted for which a Pro User has been engaged at any time less than twenty-four (24) hours prior to the identified start time of the Gig Posting, you agree to pay a minimum payment equal to four (4) hours of Completed Gig Services per Pro User (including any applicable fees or taxes) (the “Four Hour Minimum”). In the event that you end, terminate or cancel Gig Services during such performance and prior to the identified end time for the Gig Posting (on a single day, or for a Gig Posting with multiple days, prior to completion of the series), you agree to pay the greater of the amount equal to Completed Gig Services for: (a) the time actually worked by the Pro User at the agreed rate; or (b) four (4) hours as calculated by the hourly rate for the Gig Posting or pro rata equivalent for daily rates.
Business User shall be responsible for all matters related to the onboarding of a Pro User to perform Gig Services, including orienting each Pro to the relevant facility, workers, and policies and procedures.
Business User shall be responsible for recording all hours worked by a Pro User and reporting such hours to Qwick’s timekeeping features on the Marketplace. Hours worked means the time during which the Pro User is onsite at the Gig Posting location performing Gig Services. Pro Users may also be asked to record all hours worked using Qwick’s automatic timekeeping tools; however, in the event of any dispute, Qwick’s timekeeping data shall be considered accurate.
ELECTION
At the time of Business Account creation, you may be required to elect whether to access the Marketplace and publish: (a) IC Gig Postings directed and available to IC Pros; or (b) W2 Gig Postings directed and available to W2 Pros. Once made, the election cannot be changed.
DEFAULT SETTINGS
Certain settings are, by default, turned on for Business Users. Those settings are identified in the Business Account. They may be deselected within the Business Account. The AutoSelect feature is, by default, turned on. It enables automatic selection and confirmation of Pro Users who apply for a Gig Posting based on factors and data identified by Qwick’s technology tools are relevant.
BUSINESS USER BRANDING
You grant Qwick a non-transferable, non-exclusive, royalty-free limited license to display your trademark, service marks and logos for and as provided by Business User on the Marketplace and in connection with the Business User’s Gig Postings.
BUSINESS USER AND QWICK RELATIONSHIP
Business User expressly agrees that no joint venture, franchise, partnership, or agency agreement exists between Qwick or any of its affiliates and Business User as a result of this BSA or any use of the Marketplace, including performance of Gig Services by Pro Users.
ENGAGEMENT WITH IC PROS
You acknowledge and agree that your arranging and obtaining of Gig Services from a IC Pro creates a direct business relationship between you and that IC Pro, and your interactions and dealings with such IC Pro are solely between you and such IC Pro. IC Pros are independent third parties and are not employees, partners, representatives, agents, joint venturers, service providers, or franchisees of Qwick or its affiliates. Qwick is not responsible or liable for the actions or inactions of any IC Pro in relation to any services they perform.
You set the Pro User’s work hours and location of work. Qwick will not provide Pro Users with training or any equipment, tools, labor or materials needed for a particular Gig Service. Qwick does not dictate or control the manner and/or means by which the Pro User provides the Gig Services.
Business User assumes all liability for proper classification of Pro Users as IC Pros based on applicable legal guidelines and as dictated by the Gig Posting. Qwick will not deduct any amount for withholding, unemployment, social security, or other taxes from Contractor Payments (defined below).
Business User shall not require an exclusive relationship between the Pro User and the Business User. A Pro User is free at all times to perform Gig Services, contract or be employed by or otherwise engage with persons or businesses other than the Business User, including any competitor of the Business User.
ENGAGEMENT WITH W2 PROS.
If a W2 Gig Posting is offered by Business User and accepted by a W2 Pro, Labor Force Group, LLC (“Labor Force”) will assign the W2 Pro to work for the Business User.
Business User acknowledges and agrees that Business User has selected to utilize W2 Pros based upon Business User’s determination that the nature of the work requires a W2 Pro, or for other factors determined exclusively by Business User. Neither Qwick, Labor Force Group LLC, nor any of their affiliates makes any representations or warranties as to the skills, experience, background or education of any W2 Pro.
At all times, Business User will maintain the exclusive supervision, direction and control of the day-to-day activities of each W2 Pro. Business User shall be responsible for the implementation and enforcement of any and all workplace laws, rules, policies, and regulations, and of any procedures that exist for the purpose of preventing the misappropriation, theft or embezzlement of the Business User’s property, including without limitation intellectual property. W2 Pros are responsible for performing the agreed-upon work for Business User.
Business User acknowledges and agrees that W2 Pros are employees of Labor Force Group LLC only for purposes of payroll processing and, in some cases, the provision of certain employee benefits, but neither Qwick, Labor Force Group LLC nor any of their affiliates assumes any responsibility for the working conditions or the workplace in which W2 Pro(s) will perform work for a Business User, the projects and work assigned to W2 Pro(s), and/or Business User’s decision to use W2 Pro(s).
Business User will send all written notices and payroll communications to Labor Force via Qwick’s Marketplace in accordance with any requirements specified by Labor Force. Business User will provide Labor Force with written notice within 24 hours of learning about any work-related accident or injury involving W2 Pros. Business User will provide Labor Force with written notice within 24 hours of learning about any garnishment orders, involuntary deduction orders, notices of liens and other forms of legal process affecting the payment of wages to a W2 Pro.
CLASSIFICATION AND WORK
Business User assumes all liability for proper classification of IC Pros as independent contractors based on applicable law. Business User expressly agrees that this BSA does not create any joint venture, co-employer, joint employer, franchise, partnership, employment, or agency relationship between Business User and an IC Pro, or between Business User and Qwick.
Pro Users do not have authority to enter into written or oral (whether implied or express) contracts on behalf of Qwick.
A Pro User is free at all times to perform Gig Service, and to be employed by or otherwise engage with persons or businesses other than Business User, including any competitor of Business User.
Business User agrees to indemnify, hold harmless and defend the Indemnified Parties from and against any and all Claims arising out of or related to: (i) claims that a Pro User was misclassified as an independent contractor, (ii) any liabilities arising from a determination by a court, arbitrator, government agency or other body that an IC Pro was misclassified (including, but not limited to, wages, taxes, penalties, interest and legal fees), (iii) any claims that Qwick was an employer, co-employer or joint employer of an IC Pro, (iv) any claims under any employment-related laws in respect of a Pro User, such as those relating to employment standards, occupational health and safety, workers’ compensation, pay equity, employment termination, employment discrimination, harassment or retaliation, as well as any claims for unpaid wages, overtime pay, sick leave, holiday or vacation pay, retirement benefits, workers’ compensation benefits, unemployment benefits, or any other employee benefits (except to the extent such obligation is expressly undertaken under this BSA), and (v) any claims arising out of the failure by Qwick, Labor Force and/or the Business User to withhold or remit any taxes, premiums, contributions, payments, benefit overpayments, levies or other amounts from all or any part of any amounts paid to a Pro User; and against any and all losses, damages, costs, charges, expenses and fees (including without limitation legal fees), liabilities, penalties or fines incurred by or on behalf of any Indemnified Party as a result of any such Claim or in the investigation, settlement or defense thereof.
INSURANCE
IC Pros are responsible for maintaining their own insurance, including workers’ compensation or occupational accident insurance. For IC Pros that have not provided proof of insurance to Qwick at the time of onboarding, Qwick may (but is not required) to offer and include such IC Pro under its supplemental occupational accident insurance. Qwick does not represent or warrant that any coverage claimed or maintained by an IC Pro individually, or any coverage that Qwick may make available for such IC Pro, will be recoverable against, valid, or sufficient under applicable law, for your business or the Gig Services.
Except as required by law, unless otherwise expressly agreed herein or elsewhere in writing, Qwick is not responsible for insurance coverage of IC Pros. Specifically, in the event that a IC Pro is injured or becomes ill while or as a result of working a Gig Services, Business User acknowledges and understands that the IC Pro may not be covered by any workers’ compensation insurance that Qwick may otherwise provide to its employees. Further, in the event that a IC Pro’s actions cause an injury to a third party while the IC Pro is working in the course and scope of performing a Gig Services or otherwise, Business User acknowledges and agrees that the IC Pro may not be covered by any general liability or automobile liability insurance coverage that Qwick may have, and that Qwick is not making any commitment to defend, compensate and/or indemnify the Business User or IC Pro in such circumstances, and specifically denies such obligation.
HEALTH AND SAFETY, DAMAGE TO PROPERTY
Business User shall comply with applicable health and safety laws, and hereby agrees to indemnify and hold harmless Qwick and Indemnified Parties against any and all Claims arising out of the Business User’s failure to comply with such laws. Business User agrees to indemnify, hold harmless and defend the Indemnified Parties from and against any and all Claims arising out of or related to: (i) the injury or death of any person, damage to or destruction of any property, which is directly or indirectly caused by any act or omission on the part of any Pro (or personnel employed or engaged by the Pro) engaged in performing any Gig Services to the Business User or any related service, or (ii) the injury or death of the Pro, or any personnel employed or engaged by the Pro, if such injury or death occurs while the Pro (or personnel employed or engaged by the Pro) is located at Business User’s location, is otherwise engaged in performing any Gig Services to the Business User or any related service, or if the injury or death is in any way connected to the Gig Services or any related services; and against any and all losses, damages, costs, charges, expenses and fees (including without limitation legal fees), liabilities, penalties or fines incurred by or on behalf of any Indemnified Party as a result of any such Claim or in the investigation, settlement or defense thereof.
PAYMENTS
Marketplace Fees. In consideration of Qwick’s provision of the services and Marketplace for Business User’s use and benefit hereunder, Business User agrees to pay Qwick a fee equal to a per-transaction percentage of the amount due to Pro Users for Completed Gig Services (each a "Marketplace Fee"), the amount of which may be communicated to Business User during Business User’s submission of a Gig Posting. The percentage is subject to change by us and will be reflected in new Gig Postings. Continued use of the Marketplace after any such change in the Marketplace Fees calculation shall constitute your consent to such change.
IC Pro Payments. In the case of Gig Service performed by one or more IC Pros, Qwick will facilitate your payment of the applicable fees payable to the IC Pros for Completed Gig Services (the “Contractor Payment”) on behalf of such IC Pros as the limited payment collection agent for such IC Pros. The payment of the applicable Contractor Payment in such manner shall be considered the same as payment made directly by you to the IC Pro. Contractor Payments and related Marketplace Fees are due to Qwick within forty-eight (48) hours of Completed Gig Services on a per-transaction basis. After collection of the Contractor Payment for Completed Gig Services from you, Qwick will pay the applicable IC Pro, and Business User acknowledges and agrees that such payment may be subject to a fee set forth in or determined by the agreement(s) between Qwick and such IC Pro (including any IC PSA).
Qwick does not and will not provide tax advice. It is the sole responsibility of Business Users to determine any tax obligations arising from payments processed through the Marketplace and to comply with all applicable tax laws and reporting requirements. With regard to IC Pros, Qwick will not deduct any amount for withholding, unemployment, Social Security, or other federal, state, or local taxes as it would in the case of an employee. Business User and each IC Pro will be solely responsible for all tax returns and payments required to be made or filed, including any applicable employment insurance contributions, pension contributions, or other amounts, to any federal, state, or local government authority, in any nation, with respect to IC Pro’s performance of Gig Services.
Without limiting the generality of Section 11.3, Business User will be liable for all transaction taxes due for the Gig Services provided by IC Pros, other than taxes based on Qwick’s income. Qwick’s charges are net of any applicable Sales Tax (defined below). If any Gig Services or Qwick’s Services, or payments for Gig Services or Qwick’s Services, under the BSA are subject to Sales Tax in any jurisdiction and Business User has not remitted the applicable Sales Tax to Qwick, Business User will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and Business User will indemnify Qwick for any liability or expense Qwick may incur in connection with such Sales Tax. Upon Qwick’s request, Business User will provide Qwick with official receipts issued by the appropriate taxing authority, or other such evidence that Business User has paid all applicable taxes. For purposes of this Section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Qwick is permitted to pass to Qwick’s users, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Qwick reserves the right to suspend or terminate any Business User's access to payment processing services in the event of suspected fraud, violation of the Payment Processor’s terms, or noncompliance with the Terms of Use and Marketplace Terms, or this BSA.
Wage Payments for W2 Gig Postings. The following are the services provided by Labor Force in respect of W2 Gig Postings performed by W2 Pros: (i) calculation and payment of wages (including overtime wages) for Completed Gig Services based upon submitted timesheets or electronic records; (ii) collection, payment and reporting of all federal, state and local taxes on such wages, as applicable; (iii) administration and collection of wages associated with wage garnishments; (iv) workers’ compensation coverage; and (v) collection of mandated government documents and other forms for the purposes of effectuating the foregoing services. Labor Force may designate a third-party payroll company at any time in Labor Force’s sole discretion, to perform some or all of its obligations under this BSA, including payroll administration for W2 Pros. Upon such designation, or at any other time as directed by Labor Force, Business User shall cooperate with such payroll company in every reasonable manner to ensure uninterrupted performance of the Marketplace, including payments for W2 Gig Postings.
Payment Methods. Qwick may offer the ability for payments to be made on a per-transaction automated basis, or by invoice (subject to an additional 5% charge).
Per Transaction.
Qwick uses one or more third-party payment processors to facilitate payments arising from IC Gig Services (“Payment Processor”). By using Qwick, you agree to be bound by the Payment Processor’s terms and conditions for use and such Payment Processor may require you to sign up for a separate account. To receive or make payments through Qwick, you will be required to provide information necessary to set up and maintain a Payment Processor account, including but not limited to tax identification information, bank account details, and verification documentation. All information provided to the Payment Processor is subject to the Payment Processor’s privacy policies and notices at collection. Qwick does not store or control payment credentials. Qwick may use Stripe, Inc. (“Stripe”) as its payment processor. By using Qwick, you agree to be bound by Stripe’s terms and conditions and are subject to Stripe’s then-current privacy policy.
Business User authorizes Qwick to charge your credit card (or other payment method as applicable) for IC Pro payment through the Payment Processor. You also authorize Qwick to deduct any Marketplace Fees from the amount charged to the Business User before remitting payment to the IC Pro. You authorize Qwick to initiate payments to the IC Pro’s Payment Processor account for Completed Gig Services. Qwick acts solely as a facilitator of these transactions and does not hold funds or assume responsibility for payment disputes between Business Users and IC Pros.
You agree that payouts to IC Pros will be processed by the Payment Processor and are subject to the Payment Processor’s standard processing timelines and rules. Business Users are responsible for ensuring their account details are accurate and up to date. Any delay or failure complete payment for Gig Services to IC Pros due to inaccurate or incomplete account information shall be the responsibility of the Business User. Business Users are responsible for all applicable service fees, processing fees, and transaction charges as detailed in their Business Account settings or as communicated by Qwick. The Payment Processor may also deduct applicable fees from any transaction in accordance with their terms.
By using the Marketplace, you authorize Qwick to process payments in accordance with these terms (including on behalf of Labor Force) and agree to provide and maintain valid payment information within your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Qwick may use a secondary payment method in your Account, if available. In the event that there are unpaid or past due amounts for payments due under your Account, you must pay a finance charge of the lesser of 1.5% per month (18% per annum) on such outstanding balance, plus all expenses of collection, including reasonable legal fees.
Invoices. Qwick may invoice Business User for Completed Gig Services on a weekly basis, or other frequency agreed upon parties. Invoices for Completed Gig Services for W2 Pros will be issued by Qwick on behalf of Labor Force. Business Users agree to remit payment to Qwick (for IC Pros) and Labor Force (for W2 Pros) in accordance with the payment terms specified on the invoice, including any applicable taxes, service fees, penalties (including those under state wage & hour laws or the Fair Labor Standards Act) or administrative charges. By electing to receive invoices, Business User agrees that it will be subject to an additional administrative fee equal to 5% of the total invoice, added to each invoice. All fees charged, including administrative fees and any additional charges disclosed in advance, will be reflected in the invoice and are non-refundable except as required by applicable law.
Unless otherwise agreed in writing with Qwick (for IC Pros) or Labor Force (for W2 Pros), payments for Completed Gig Services are due upon receipt of the invoice (by default, weekly for any week containing Completed Gig Services) reflecting all Completed Gig Services for which payment is due. Compensation due for Completed Gig Services to W2 Pros may be increased by Labor Force without notice or approval where additional reimbursements are required by applicable law, including meal expenses.
Gratuity. Marketplace Fees and either Contractor Fees or W2 wages, as applicable, are intended to fully compensate the applicable Pro User for each Completed Gig Service. Qwick does not designate any portion of payments as a tip or gratuity to the Pro Users. You understand and agree that, while you are free to provide additional payment as a gratuity to any Pro User who performs work for you, you are under no obligation to do so, and such gratuities are voluntary. IN the event that Business User elects to add a gratuity (at the time of designating the Completed Gig Services or thereafter during payment processing), Business User agrees that such gratuity amount is subject to a 5% administrative charge, added to the automated payment or invoice, as applicable. Notwithstanding the foregoing, in the event that any patron or customer of Business User provides a tip or gratuity for the work performed by a Pro User in connection with Gig Services, 100% of such tip or gratuity must be provided to such Pro User (subject to any statutory deductions or withholdings), even if the tip or gratuity is paid by the patron or customer to the Business User rather than the Pro User directly.
12. BUSINESS USER REPRESENTATIONS AND WARRANTIES.
By creating a Business User Account or accessing the Marketplace, you further represent, warrant and covenant that:
You have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind such business;
your access to or use of the Business Account and Marketplace will only be in your capacity as an authorized representative of the Business User;
you have independently determined that access to and use of the Marketplace, including publishing Gig Postings and engaging Pro Users complies with all applicable local, state and federal laws; and
you will not engage any Pro User under or otherwise impose or enforce any non-disparagement clauses that seek to restrict or prohibit reviews (including provisions that penalize for posting reviews) or otherwise induce any Pro User from posting reviews about the Business User.
13. INDEMNIFICATION
In addition to and without limiting Business User’s indemnification obligations under the type: entry-hyperlink id: 4YVxxmLciOpfL7PRQoeaGl, Business User agrees to indemnify, hold harmless and defend the Indemnified Parties, from and against any and all Claims arising out of or related to: (i) any actual or alleged violation of applicable law or regulation (including without limitation privacy and anti-spam laws) by Business User, its affiliates, or its or their respective employees, agents, or contractors, or by any Pro User in the course or in connection with Gig Services, (ii) any negligent, reckless, or willful misconduct of Business User, its affiliates, or its or their respective employees, agents or contractors, or by any Pro User in the course of or in connection with Gig Services, (iii) any breach by Business User of any representation, warranty, covenant, or obligation in this BSA, (iv) any negligent or intentional act or omission committed by Business User, its affiliates, or its or their respective employees, agents or contractors, or by any Pro User in the course of or in connection with Gig Services, which act or omission gives rise to any claim for damages against an Indemnified Party, (v) any violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right by Business User, its affiliates, or its or their respective employees, agents or contractors, or by any Pro User in the course of or in connection with Gig Services, (vi) any injury, damage or destruction to personal property, real property or a person (including death) in connection with Gig Services, including those constituting Incidents, Potential Claims, and Safety Concerns, or (vii) any dispute or issue between Business User and any third party, including any worker, business, or other third-party; and against any and all losses, damages, costs, charges, expenses and fees (including without limitation legal fees), liabilities, penalties or fines incurred by or on behalf of any of them as a result of any such Claim or in the investigation, settlement or defense thereof. For the foregoing as well as those indemnification obligations under Sections 8.3, 10, and 11.2.7 of this BSA, Qwick reserves the right (but not the obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by Business User (without limiting Business User indemnification obligations) and Business User agrees to cooperate with Qwick’s defense of that Claim. If the defense or settlement of a Claim is assumed by Business User, Qwick may at any time thereafter elect to take over control of the defense and settlement of the Claim. Business User must not settle any Claim that it is defending on behalf of any Indemnified Party without Qwick’s prior written consent.
14. COMPLIANCE AND COLLABORATIVE RESPONSIBILITIES
Incidents, Potential Claims, and Safety Concerns. Business User shall report the following incidents to Qwick if they arise out of or are related to the Gig Services that a Pro User provides to Business User: (i) any adverse or sentinel event (including any reports for any reason to any licensing body); (ii) any threatened or pending litigation or claims (including any request by counsel for any personnel records of Pros); (iii) any safety concerns or errors; and (iv) any unanticipated deaths and other events, injuries, or safety hazards related to the Gig Services provided or incurred in performance of Gig Services (collectively, “Incidents, Potential Claims, and Safety Concerns”).
Access to Books and Records. To the extent required by applicable law, until the expiration of four (4) years after the furnishing of Gig Services by a Pro User, Business User will retain and make available to Qwick, its affiliates, or their duly authorized representative the contract, books, documents, and records necessary to verify the nature and extent of the cost of such Gig Services.
15. TERMINATION
Termination With or Without Cause. Either Business User, Qwick, or Labor Force may terminate this BSA at any time, for any reason upon thirty (30) days written notice to the other. Notwithstanding the forgoing, either Business User or Qwick may terminate this Agreement at any time without prior notice, for fraud, dishonesty, willful neglect, misconduct, or any material breach of the terms hereof by the other party. Upon termination, (a) Business User must immediately cease use or access to the Marketplace, (b) all Gig Postings will be removed from the Marketplace, (c) all accepted Gig Posted for which Gig Services have not yet been performed will be automatically terminated, and (d) all fees and payments due from Business User shall become immediately due and payable.