Terms and Conditions

AGREEMENT: You acknowledge and agree to the following terms and conditions when You use the His Workmanship LLC Platform. Our responsibilities are specific and limited to the terms of this Agreement. You must read, agree with, and accept all of the terms and conditions contained in this Agreement which are those terms, conditions and definitions expressly set out below.
1. Definitions: A. The following is a non-exhaustive list of definitions that shall apply to the use of this Platform; other definitions are included throughout the text: • “You”, “Your”, “User”, “His Workmanship affiliate”, “service provider” – you, individually, or You for and on behalf of, an entity, organization or corporation, who provides services to the consuming public; • “We”, “Us”, “Our” – His Workmanship LLC, a Minnesota business with a principal place of business in Medina, Minnesota; • “Services” – The services that You offer to provide and/or provide to the consuming public; • “His Workmanship Platform” or “Platform”: Our Platform located at https://hisworkmanshiplabor.com • “Customer(s)” – individual who desires to obtain Services; • “Agreement” – the agreement for use of the His Workmanship Platform.
2. Modification of Agreement: We may modify the Agreement by sending to You, by email to Your provided email address, a copy of the modified Agreement. If You reject the modified Agreement, then You must terminate this Agreement immediately with notice to Us (email notice to Our appropriate representative is sufficient notice hereunder) no later than thirty (30) days after the modified Agreement is sent to You by Us.
3. Neutral Venue: We and Our His Workmanship Platform function solely as a neutral venue. We are the neutral venue for the connection between You and the Customer. You do not work for Us or represent Us. You agree that We are not your employer. You agree that We only operate a website. We do not provide any endorsement for You or Your Services. You acknowledge and agree that We do not provide the Services and We are not in any way responsible for assisting You in any manner with Your provision of the Services. We cannot and will not guarantee the ability of a Customer to complete payment for any of the provided Services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations made with regard to the Services are not provided by Us and are specifically and solely between You and the Customer.
4. Labor Only: You agree that the Platform is a place where You offer labor services only and that the Services that You provide will only involve labor. You agree that You will not use Your participation in the Platform as a means to market or solicit services that involve something other than only labor.
5. Disputes: Because we are a neutral venue (as explained above), We are not responsible for resolving any disputes between You and the Customer regarding the Services. All disputes must be resolved between You and the Customer. Therefore, if We are contacted by a Customer who claims to have a dispute with You regarding the Services and they request Your contact information (including but not limited to any of Your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize Us to release Your provided contact information to the Customer and You agree to release Us from any and all liability associated therewith.
6. Effective Offer and Acceptance for Services: You agree and acknowledge that when a request for the Services has been submitted to You by a Customer, the Customer has effectively communicated an offer to You to enter into a contract for the Services. Furthermore, if You accept the request, You and the Customer have entered into a contract for the Services.
7. Platform Fee: We are the neutral venue for the connection between You and the Customer. When that connection results in a contract between You and the Customer for the Services and then, later payment by the Customer for the Services, You acknowledge and agree that We shall receive, and that We are entitled to receive, a “Finders Fee”. Our Finders Fee is NOT an additional charge to the total amount to be paid by the Customer for the Services. Our Finders Fee is calculated as a 50% cut from the total amount paid by the Customer for the Services, excluding mileage fees and gratuity. REMEMBER: You agree that Our Finders Fee is not an additional amount to be charged or collected in addition to the total amount charged for the Services.
8. Payment for Services: You acknowledge and agree that We do not have any responsibility for the payment for the Services. The Customer is solely responsible for payment for the Services. Furthermore, We specifically disclaim any representation or warranty that the Customer will pay you for the Services. We can not and will not guarantee Customer’s obligation to pay you for the Services. Finally, You agree and acknowledge that if for whatever reason the Services were not completed or the Customer was not satisfied with the performance of the Services, the Customer may choose not to pay you for the Services.
9. Additional Services: For purposes of this Agreement, Additional Services are defined as any Services You performed, during a job scheduled through the His Workmanship Platform, for Customer not contained in the original quote and for which You are compensated by Customer. If at any time, and for any reason, You provide Additional Services, and the Customer is charged for those Additional Services, You agree to do the following: (1) You will promptly report to Us the Additional Services that were provided; (2) You will report to Us the total amounts charged for the Additional Services, and; (3) You agree to remit payment to Us an additional Finders Fee calculated as a 50% cut from the total amount charged by You for the Additional Services.
10. Material Condition and Breach. You agree that your compliance with this section is a material condition of this Agreement. You further agree that Your failure to comply with this section is a Material Breach of this Agreement. As a result of Your Material Breach of this section of the Agreement, Your account may be suspended or terminated at His Workmanship’s sole discretion.
11. Additional and specific prohibited actions regarding the His Workmanship Platform A. Fees and Customers: You shall NOT: • Charge to, or in any way attempt to collect from, the Customer, as an additional charge to the total amount agreed upon for the Services or otherwise, Our Finders Fee. B. Our right to His Workmanship Finders Fees. You shall NOT cause another person or entity to engage in any conduct, act or behavior, that is intended or designed to circumvent or avoid, in any manner, Our right to a Finders Fee. 1. Specifically, You shall NOT do the following: • Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a Customer, that circumvents or avoids Our right to a Finders Fee; • Communicate or correspond, whether by written, verbal, or electronic means, with a Customer, for the purpose of entering into an agreement or transaction that circumvents or avoids Our right to a Finders Fee.
12. Unpaid Finders Fees: If, for any reason, any Finders Fees have not been received or in any manner realized by Us on amounts that have been released to You for the Services and any additional Services performed by You (“Unpaid Finders Fees”), You agree to pay such Unpaid Finders Fees immediately upon receipt of written demand by Us.
13. Changes & Cancellations: You acknowledge and agree that the Customer is entitled to make changes to, and cancellations of, the Services. If as a result of such changes by Customer, You are unable to perform the Services, You agree to use all reasonable efforts to timely inform the Customer. You agree to hold Us harmless from any claims, cost, expenses, losses, and liabilities resulting from Customer changes or cancellations.
14. Right to Reject or Remove a His Workmanship Affiliate: Because You are charged no “sign up” fee or other initial fee (among other provided consideration to You), to participate in the His Workmanship Platform, You expressly allow Us to reserve the absolute right to reject Your participation, or remove you from your current participation, in the His Workmanship Platform at any time and for any reason or for no reason and without prior notice to You. An event that may result in the rejection or removal of Your participation can include but is not limited to: any breach of this Agreement; any circumvention of the His Workmanship Platform by You or by others at Your direction; Your circumvention of the Finders Fee; any attempt by You to harass, or cause another to harass, or commit inappropriate communications with a Customer and/or a failure to deliver the promised Services on time.
15. Taxes: You are responsible for collecting and remitting any and all taxes associated with the transaction for Services.
16. No Control of Communication or Information and Content: The His Workmanship Platform acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will We act as a monitor over the content of such communication for information.
17. Release/Waiver of Liability: You expressly acknowledge and agree that the transaction and any resulting provision of Services are solely between You and the Customer. Therefore, You hereby waive and release Us and Our officers, from any such claims, liabilities, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between You and a Customer.
18. Qualification for Use of Our Platform: In order to qualify to use Our Platform, You must be able to enter into a legally binding contract under applicable law. You represent and warrant that You have the authority to enter into a legally binding contract on behalf of yourself, and/or on behalf of the group, entity, organization, or corporation that You represent. Our Platform is not intended or provided for use by minors (persons under the age of eighteen).
19. Our Relationship with You: You hereby agree and acknowledge that Your execution of this Agreement, Your provision of the Services and/or Your use of the His Workmanship Platform, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Us and furthermore that no affiliation, association or connection exists between You and Us.