Next24 Pty Ltd, t/a H2H Here2Help-Task Services Terms of Use

Effective Date: February 1st, 2024

“H2H Here2Help-Task Services (‘H2H’) operates solely as a Lead Generation service, aimed at facilitating connections between Employers (‘Employers’) seeking to contract services and independent third-party service providers (‘Helpers’) willing and able to perform these services. H2H expressly disclaims any role as an employer, contractor, or agent for either Employers or Helpers. H2H’s responsibilities are limited to providing a platform for Employers and Helpers to connect and does not include, but is not limited to, vetting or endorsing the quality, safety, legality, or other aspects of the services offered or performed by Helpers, or the integrity, responsibility, or any aspect of the Employers.

Employers and Helpers acknowledge and agree that their use of H2H’s platform constitutes a direct, contractual relationship between them, for which H2H bears no responsibility or liability. Employers are solely responsible for the selection of Helpers and the negotiation of terms for any services to be provided. Helpers are independent contractors, not employees of H2H, and are solely responsible for the quality, safety, legality, and all other aspects of the services they provide.

H2H disclaims all liability for any claims, damages, or other liabilities arising from or related to the services provided by Helpers or the conduct of Employers and Helpers using H2H’s service. This includes, but is not limited to, any direct, indirect, incidental, punitive, and consequential damages. Employers and Helpers are encouraged to perform their due diligence and exercise caution and common sense in their dealings.

By using the H2H platform, Employers and Helpers agree to indemnify and hold H2H, its affiliates, officers, agents, employees, and partners harmless from any claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (a) their use of the H2H platform; (b) services provided or contracted through the H2H platform; (c) any violation of this agreement; (d) H2H’s use of their content; or (e) their violation of any rights of another party.

This agreement shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. Any disputes arising from or related to the services provided under this agreement shall be subject to the exclusive jurisdiction of the competent courts of Australia.”

Should you choose not to accept this agreement and follow its terms, you are not permitted to use or access the H2H Here2Help-Task Services platform.

By confirming your acceptance of the Terms of Use and/or by using the H2H Here2Help-Task Services platform, you clearly indicate that you have read and fully understand these terms, and you unconditionally agree to adhere to this agreement and all its conditions.

The H2H Here2Help-Task Services Platform Facilitates Connections Between Employers and Helpers

H2H Here2Help-Task Services offers a digital lead generation marketplace, accessible via web and app, that facilitates the connection between Employers and helpers. “Employers” are individuals or businesses in need of services from helpers. In contrast, “Helpers” are individuals who offer to perform these services for Employers. “Services” are the work that is directly agrred by the employer with the Helper. Both Employers and Helpers are collectively referred to as “users” in this context. When you reach an agreement on a service with another user, the two of you establish a service agreement directly, as further detailed in the following section.

It is important to note that Helpers are autonomous individuals. They act as independent contractors for Employers, not as employees, partners, agents, joint ventures, contractors, or franchisees of H2H Here2Help-Task Services. H2H Here2Help-Task Services itself does not undertake services nor does it hire individuals to perform services. H2H Here2Help-Task Services service in this context is a lead generation marketplace. By bridging the gap between individuals and employers seeking services and those providing them, H2H Here2Help-Task Services functions as an online platform connecting Employers with service providers, namely Helpers, for a range of services.

Users must understand that H2H Here2Help-Task Services does not oversee, define, guide, control, or monitor the services done by Helpers. H2H Here2Help-Task Services categorically renounces any responsibility and liability for the services performed, to the fullest extent allowed by law. This includes but is not limited to any guarantee of skilled and diligent service, quality, fitness for a particular purpose, or adherence to laws, statutes, ordinances, regulations, or codes.

Key aspects of these Terms of Use are as follows:

1. Only individuals who are at least 18 years old may use or access the H2H Here2Help-Task Services Platform.
2. You accept that the technology underlying the H2H Here2Help-Task Services Platform is provided on an “as is” basis, with no guarantees.
3. You acknowledge and accept that H2H Here2Help-Task Services offers no warranties and bears no responsibility for user actions on the H2H Here2Help-Task Services Platform or for the execution of services.
4. You recognize and agree that H2H Here2Help-Task Services does not vet, oversee, specify, guide, control, or monitor the work of Helpers or the services they perform.
5. You acknowledge and agree that Employers are entirely responsible for verifying and vetting the Helpers they engage for services.
6. You understand and agree that Helpers are engaged as independent contractors by Employers, and are not employees, contractors, or agents of H2H Here2Help-Task Services.
7. You consent to absolve and defend H2H Here2Help-Task Services against any claims arising from your use or inability to use the H2H Here2Help-Task Services Platform.

The H2H Here2Help-Task Services Platform is designed to facilitate connections between Users for the completion of required services. However, H2H Here2Help-Task Services does not take responsibility for the actions, performance, or communications of Users. It does not have control over the quality, timing, legality, non-delivery, or any other aspect of services, nor over the integrity, responsibility, competence, qualifications, or any behavior or omissions of any Users.

This includes but is not limited to any ratings or reviews provided by Users about one another.  H2H Here2Help-Task Services makes no guarantees or representations about the suitability, reliability, punctuality, or accuracy of the services requested or the services provided by Users, or about the communications between Users, whether these interactions occur publicly or privately, online or offline, or in any other manner.

User Commitments and Assurances

Each User of the platform confirms and guarantees that:

1. You are at least 18 years old and have the ability to enter into legally binding agreements;
2. You possess the legal right, authority, and capacity to agree to this Agreement and to adhere to its terms and conditions, and you commit to doing so;
3. You have read, understood, and agree to comply with these Terms of Service, and the Privacy Policy relevant to the client, services and location where the services are carried out;
4. You will respect the privacy, property, and data protection rights of Users and will not record (via video, audio, or other means) any services or interaction involving any User and/or H2H Here2Help-Task Services without prior written consent from the relevant User, as applicable;
5. You will honor your commitments to other Users, communicate clearly and promptly, and be present and/or available at the agreed time with your employer, as applicable;
6. You will behave professionally and responsibly in your dealings with other Users;
7. You will use your real name or business name on your profile;
8. When using or accessing the Here2Help Platform, you will comply with all relevant local, state, national, and international laws;
9. If you are entering into this Agreement as yourself or on behalf of a company or other organization, you assure that you have the authority to represent that entity and bind it to this Agreement.

HELPERS

Professional Obligations and Assurances for Helpers on H2H Here2Help-Task Services, a Lead Generation Service:

1. Licensing and Registration: You are accountable for obtaining any necessary licenses, permits, or registrations prior to offering services and engaging in services.
2. Insurance Requirements: You affirm that you possess the requisite insurance to conduct your business and provide your services.
3. Authentic Profile Information: You commit to using your real name or business name along with a current photograph in your profile.
4. Commitment to Service Execution: You pledge to fulfill your obligations to other Users on the Platform. This includes responding promptly to service notices, performing the services agreed upon with your employer, and delivering timely, high-quality services.
5. Service Provision Standards: You assure that you will offer and render services only in areas where you have appropriate skills and competence. Furthermore, you commit to providing these services safely and in strict accordance with all relevant laws and regulations.

Enhanced Terms of Conduct for Helpers on the H2H Here2Help-Task Services Platform

Prior to Service Engagement:

1. Professional Profile Presentation: Ensure your profile is professional, using your real or business name and a current photo.
2. Licensing and Compliance: Obtain all necessary licenses, permits, or registrations required for your services.
3. Insurance Verification: Maintain any required insurance for your business and services.
4. Skill and Competence Assurance: Offer services only in areas where you are suitably skilled and competent.
5. Pre-Service Communication: Communicate clearly and professionally with employers, setting realistic expectations.

During Service Provision:

1. Adherence to Agreed Terms: Fulfill the obligations of the services as per the agreed terms with the employer.
2. Quality of Service: Provide high-quality, reliable services, ensuring safety and compliance with laws.
3. Professionalism in Conduct: Maintain professionalism in all interactions, respecting employer privacy and property.
4. Timely Execution: Provide services punctually as per the agreed schedule.
5. Effective Communication: Maintain transparent communication, especially if issues or delays arise.

Personal and Professional Standards:

1. Personal Hygiene and Presentation: Uphold high standards of personal hygiene and present yourself in a clean, professional manner.
2. Sobriety: Ensure you are not under the influence of alcohol, drugs, or impairing medication while providing services.
3. Punctuality: Be consistently punctual, demonstrating respect for the employer’s time.
4. Respectful Interaction: Treat employers and their property with utmost respect and professionalism.

Post-Service Responsibilities:

1. Feedback and Reviews: Be receptive to feedback and provide constructive reviews when necessary.
2. Accurate Billing: Issue precise invoices when requested and facilitate smooth payment processes.
3. Dispute Resolution: Aim to resolve disputes amicably and professionally.
4. Confidentiality and Privacy: Maintain strict confidentiality and privacy of employers information.
5. Continuous Improvement: Seek to improve based on feedback and self-evaluation.

General Conduct:

1. Platform Compliance: Adhere to all H2H Here2Help-Task Services platform terms and conditions.
2. Legal and Ethical Standards: Maintain high legal and ethical standards in service provision.
3. Accurate Service Representation: Truthfully represent your services, avoiding any misleading information.

By adhering to these comprehensive terms of conduct, Helpers ensure a trustworthy, efficient, and professional service experience within the H2H Here2Help-Task Services community.

Agreement Between Employers and Helpers

Formation of Service Agreement

By using the H2H Here2Help-Task Services Platform, you acknowledge and agree that a legally binding contract, known as the “Service Agreement,” is established between you and another User when both of you concur on the terms of a service. This Service Agreement incorporates the terms outlined in this Agreement, the engagement terms proposed and accepted on the H2H Here2Help-Task Services Platform, and any additional contractual terms mutually agreed upon by both the Helper and their employer. These terms must not conflict with this Agreement and should not extend H2H Here2Help-Task Services responsibilities or limit H2H Here2Help-Task Services rights under this Agreement. It’s important to note that H2H Here2Help-Task Services is not a participant in any Service Agreement. The creation of a Service Agreement does not form an employment or other service relationship between H2H Here2Help-Task Services and the Helper, nor between the employer and the Helper. Furthermore, Users are not authorized to form contracts, whether written or oral, implied or express, on behalf of H2H Here2Help-Task Services.

EMPLOYERS

Agreement Between Employers and Helpers

Terms of Conduct for Employers on the H2H Here2Help-Task Services Platform

Posting the Service:

1. Clear and Accurate Service Descriptions: Provide detailed and precise descriptions of the service, including specific requirements and expectations.
2. Fair and Reasonable Pricing: Set fair and reasonable rates for the service, respecting the value of the services offered by Helpers.
3. Respectful Communication: Engage in professional and respectful communication with potential Helpers, addressing inquiries and clarifying service details promptly.
4. Selection of Helpers: Choose Helpers based on their qualifications, reviews, and ability to meet the service requirements, without discrimination.
5. Privacy and Confidentiality: Protect the privacy and confidentiality of information shared by Helpers during the selection process.

During the Service (Engagement with Helper):

1. Professional Interaction: Maintain a professional demeanor in all interactions with the Helper.
2. Clear Communication: Communicate expectations and any changes clearly and promptly to avoid misunderstandings
3. Respectful Environment: Provide a safe and respectful working environment for the Helper, free from harassment or unsafe conditions.
4. Timely Responses: Respond in a timely manner to any queries or concerns raised by the Helper.
5. Feedback Provision: Offer constructive feedback or direction as needed to ensure the service is completed to your satisfaction.

After the Service:

1. Prompt Payment: Ensure timely and full payment as agreed with the Helper.
2. Feedback and Reviews: Provide honest and constructive feedback or reviews about the Helper’s performance.
3. Issue Resolution: In case of any issues or disputes, engage in a professional and constructive manner to resolve them.
4. Privacy Respect: Maintain the confidentiality and privacy of any personal or sensitive information learned about the Helper during the service engagement.

General Conduct:

1. Adherence to Platform Rules: Comply with all terms and conditions set forth by the H2H Here2Help-Task Services Platform.
2. Ethical Practices: Uphold ethical practices in all interactions and transactions on the platform.
3. Honesty and Integrity: Engage in honest and transparent communication with Helpers and the H2H Here2Help-Task Services platform.

By adhering to these terms of conduct, Employers contribute to a respectful, fair, and professional ecosystem within the H2H Here2Help-Task Services community, ensuring positive and productive interactions with Helpers.

Payment Obligations

The Client is obligated to pay their Helper(s) in full for all services rendered as part of the agreed service, as stated on the H2H Here2Help-Task Services Platform (Post a Task or Post a Job) and at rates agreed upon by both parties. Every User is expected to uphold their commitments regarding the performance and completion of services.

Billing and Payment

Direct Contracting on the H2H Here2Help-Task Services Platform

Users on the H2H Here2Help-Task Services Platform engage directly with other Users for services. H2H Here2Help-Task Services is not involved in contracts for services. It is the responsibility of the employer, not H2H Here2Help-Task Services, to make payment for all services facilitated through the H2H Here2Help-Task Services Platform. Payments must be transacted directly between the employer and the chosen Helper. H2H Here2Help-Task Services bears no responsibility for compensating Helpers in the event of a employer’s failure to pay for services.

User-Safety Generated Content Policy

At H2H Here2Help-Task Services, a premier lead generation service, we are committed to maintaining a safe, respectful, and engaging community for all our users. To ensure this, we require all users to agree to our End-User License Agreement (EULA), which includes strict guidelines against objectionable content and abusive behavior. Our policy covers several critical points to safeguard our community:

Zero Tolerance for Objectionable Content and Abusive Users

• Agreement to Terms: By using H2H Here2Help-Task Services, users agree to our EULA, which explicitly prohibits objectionable content, including but not limited to hate speech, harassment, explicit material, and content that promotes violence or discrimination. Additionally, any form of abusive behavior towards other users is strictly forbidden.
• Content Filtering Method: We implement advanced filtering technologies and manual reviews to detect and prevent the spread of objectionable content on our platform.
• Flagging Mechanism: Users are empowered to report objectionable content through our easy-to-use flagging system, accessible on every piece of content shared within the platform.
• Blocking Mechanism: To protect users from repeated abuse, our platform provides a feature to block abusive users. This prevents any further communication or interaction from the blocked individual.

Prompt Action on Reports of Objectionable Content

Developer’s Response: Upon receiving reports of objectionable content or abusive behavior, H2H Here2Help-Task Services is committed to taking swift action. Our dedicated team reviews reported incidents within 24 hours.

Content Removal and User Ejection: If content is determined to be objectionable or if a user is found to be engaging in abusive behavior, we will remove the offending content and eject the user responsible from our platform to maintain the safety and integrity of our community.

Ensuring a Safe Community

Our commitment to user safety is paramount. We believe that a collaborative effort between H2H Here2Help-Task Services and its community members is essential to creating and maintaining a positive and safe environment. We encourage all users to actively participate in safeguarding our community by adhering to our policies, reporting objectionable content, and blocking abusive users. Together, we can ensure that H2H Here2Help-Task Services remains a secure and welcoming platform for all.

Protection Agreement

You commit to protect, defend, and keep us, along with our executives, staff, representatives, content providers, affiliates, advertisers, licensors, and suppliers, safe from any and all losses, costs, damages, and charges, including attorney’s fees that are reasonable, arising from any breach of these Terms and Conditions or any actions connected to your account (such as engaging in illegal or improper behavior) by you or anyone else who uses the H2H Here2Help-Task Services through your account. This protection does not cover instances where we have been negligent or deliberately engaged in wrongful actions.

©H2H Here2Help-Task Services l Version 2.2024