Terms and Conditions
The Licked Platform Connects Vendors and Customers
The Licked Platform is a web-based communication platform which enables connections between Customers and Vendors. “Customers” are individuals and/or businesses seeking to obtain services from Vendors. “Vendors” are individuals and/or businesses seeking to perform services for Customers. Customers and Vendors together are hereinafter referred to as “Users.” If you agree on the terms of a service with another User, you and such other User form a Service Agreement directly between the two parties.
VENDORS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF LICKED. LICKED DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. USERS HEREBY ACKNOWLEDGE THAT LICKED DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A VENDOR’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE WORK PERFORMED OR THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
The Licked Platform only enables connections between Users for the fulfillment of Services. Licked is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Vendors, Customers, nor of the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Licked makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or services provided by, or the communications of or between, Users identified through the Licked Platform, whether in public, private, or offline interactions or otherwise howsoever.
Contract between Customers and Vendors
You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Service with another User. The terms of the Service Agreement include the engagement terms proposed and accepted on the Licked Platform, and any other contractual terms accepted by both the Vendor and their Customer to the extent such terms do not conflict with the terms in this Agreement, and do not expand Licked’s obligations or restrict Licked’s rights under this Agreement. You agree that Licked is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Licked and the Vendor (or anyone else supplied by the Vendor), nor will it create an employment relationship between the Client and the Vendor or any such person. Licked’s role is restricted solely to acting as a limited payment collection agent for the Vendor to facilitate payment on behalf of the Vendor through the Licked Platform in respect of Services they perform. In acting as the limited payment collection agent for particular Services on the Licked Platform, Licked disclaims any other agency or authority to act on behalf of the Vendor, and assumes no liability for any acts or omissions of the Vendor, either within or outside of the Licked Platform.
Worker Classification and Withholdings
LICKED DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Licked. Each User acknowledges that Licked does not, in any way, supervise, scope, direct, control or monitor a Vendor’s work or Services performed in any manner. Licked does not set a Vendor’s work hours or location of work. Licked will not provide any equipment, labor or materials needed for a particular Task. Licked does not provide any supervision to Users. The Licked Platform is not an employment service and Licked is not an employer of any User. As such, Licked is not responsible for and will not be liable for workman’s compensation or any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Licked Platform.
Vendor’s agree to release Licked from liability for claims of injury or damage arising in connection with their use of the Platform.
INSURANCE. The respective obligations of the parties shall be as set forth and Vendor’s shall maintain General liability insurance in accordance with state applicable laws. must be licensed to provide services where mandated by state law. The Vendor is not an employee of Licked. It is expressly understood and agreed that the VENDOR is an independent contractor for all services provided pursuant to this Agreement. The VENDOR agrees to defend, indemnify and hold Licked harmless for any claims, suits, or actions, including reasonable attorney’s fees in protecting Licked’s interests, brought by Vendor, Vendor’s employees, any union, the public, or state or federal agencies, arising out of the operation of their respective business under this Agreement. The VENDOR also agrees to provide necessary documentation and apply for certification of its independent contractor status where mandated by applicable state law. The VENDOR hereby assumes full control and responsibility for the selection, training, hiring, settings or grooming and dress standards, disciplining, discharging, setting of hours, wages and salaries, providing for unemployment insurance, state and federal taxes, fringe benefits, workers’ compensation, adjustment of grievances, all acts and omissions, and all other matters relating to or arising out of VENDOR’S employment or use of laborers, and any and all other employees or agents of VENDOR that VENDOR may provide or use to perform any aspect of this Agreement. VENDOR shall be solely responsible for complying with any and all state and federal laws, rules and regulations that may be applicable to the terms and conditions of employment of VENDOR’S employees or applicants for employment, including, without limitation, compliance with the Federal Fair Credit Reporting Act; verification of immigration and naturalization status; proof of proper taxpayer identification number; proof of payment of income; unemployment; Medicare and other state and federal payroll taxes; and, other required withholdings for VENDOR’S employees. VENDOR’S performance of these responsibilities shall be considered proof of its status as an independent contractor in fact. Proof of such control and responsibility shall be submitted by VENDOR to Licked as required by Licked and may include, but not be limited to, Proof of Insurance, Business EIN, Cottage Kitchen Licenses, or any other applicable licenses mandated by state law.
OTHER INSURANCE. In addition to the insurance coverage’s required under this Agreement, it is VENDOR’S responsibility to procure, carry and maintain General Liability Insurance, Bonds or Insurance, including any fire, theft, or other insurance coverage that VENDOR may desire for the Equipment or for VENDOR’S health care or other needs. As provided in this Agreement, VENDOR holds Licked harmless with respect to loss of or damage to VENDOR’S Equipment, or other property, and Licked has no responsibility to procure, carry, or maintain any insurance covering loss of or damage to VENDOR’S Equipment, or other property.