Terms of Service
RipplePop's Duties and Responsibilities
- Recruit, screen, interview, and assign a RipplePop representative to perform the type of work within their discipline under the client's supervision;
- Pay RipplePop representative's wages and provide them with the benefits that RipplePop offers to them;
- RipplePop representatives acknowledge that they are not entitled to holidays, vacations, disability benefits, insurance, pensions, or retirement plans, or any other benefits offered or provided by the client; and
- RipplePop representatives are bound to our Confidentiality Agreement and Non-Compete clauses highlighted below.
- RipplePop will provide and replace a RipplePop representative upon the customer's request
Client's Duties and Responsibilities
- Properly supervise RipplePop representatives performing their work and be responsible for your business operations, products, services, and intellectual property;
- Properly supervise, control, and safeguard its premises, processes, or systems, and not entrust RipplePop representatives with credit cards, confidential or trade secret information, or other valuables without RipplePop’s express prior written approval or as strictly required by the job description provided to RipplePop;
- Provide RipplePop representatives with proper access to the project management tools, accounts, or systems that they will need access to in order to complete their role;
- Not change RipplePop representatives' job duties without RipplePop's express prior written approval; and
- Exclude RipplePop representatives from the client’s benefits plans, policies, and practices, and not make any offer or promise relating to RipplePop representatives’ compensation or benefits.
Payment Terms, Bill Rates, Holidays, and Fees
- The client will pay RipplePop for its performance at the rates set forth via our pricing plans and will also pay any additional costs or fees set forth in this Agreement. RipplePop will bill the client for services provided under this Agreement on a monthly basis. Payment is due upon registering for an account. Invoices will be supported by the pertinent timesheets and daily check-ins for documenting time worked by the RipplePop representative.
- If your RipplePop representative was not given work for a particular day, or simply did not use all of their hours for a particular day due to lack of work, the remaining hours from that day do not roll over and are non-transferrable.
- RipplePop representative are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. RipplePop will charge the client special rates for premium work time only when a RipplePop representative’s work on assignment to the client, viewed by itself, would legally require premium pay and the client has authorized, directed, or allowed the RipplePop representative to work such premium work time. The client's special billing rate for premium hours will be a flat fee of $30 an hour for any overtime, holiday work, or weekend work that falls outside of the standard hours of the employment agreement.
- All RipplePop representatives are subject to RipplePop's standard USA holidays and days off assigned by RipplePop.
- If the client uses the services of any RipplePop representative as its direct employee, as an independent contractor, or through any firm other than RipplePop during an active RipplePop plan or 365 days after cancellation of the RipplePop representative to the client from RipplePop, the client must pay RipplePop a fee in the amount of two times the yearly RipplePop salary for that employee.
- Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their clients. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge, possession, or use of the client's confidential information will be imputed to RipplePop as a result of RipplePop representatives’ access to such information.
- RipplePop representative(s) are assigned to the client. The client can not under any circumstances, sell or staff RipplePop's representatives as if they were the client's own employees.
- RipplePop representative(s) from RipplePop are restricted from contacting any of the client's customers regarding any outside work other than what was assigned to the RipplePop representative directly from the client.
- RipplePop shall not solicit or contact any user, account, or related parties on the sites RipplePop is given access to for services rendered except for the RipplePop account holder(s). This means, if you are using RipplePop to get work done for clients you manage RipplePop will not contact or approach your clients.
- The parties agree to cooperate fully and to provide assistance to the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve RipplePop representatives.
Extended Employment and Pay Raises
- When a RipplePop representative has been working on our part-time or full-time plan rates for 6 months or more, the client may opt-in to pay raise for your RipplePop representative. This pay raise is paid directly to the client's RipplePop representative in its entirety. A pay raise for a part-time RipplePop representative (4 hours per day) is an additional $50 per month. A pay raise for a full-time RipplePop representative (8 hours per day) is an additional $100 per month. This extra fee is completely optional. If you wish to reward the hard work of your RipplePop representative with a pay raise, you may do so.
Indemnification and Limitation of Liability
- To the extent permitted by law, RipplePop will defend, indemnify, and hold the client and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys’ fees) to the extent caused by RipplePop’s breach of this Agreement; its failure to discharge its duties and responsibilities set forth in this agreement; or the negligence, gross negligence, or willful misconduct of RipplePop or RipplePop’s officers, employees, or authorized agents in the discharge of those duties and responsibilities.
- To the extent permitted by law, the client will defend, indemnify, and hold RipplePop and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys’ fees) to the extent caused by the client’s breach of this Agreement; its failure to discharge its duties and responsibilities set forth in this agreement; or the negligence, gross negligence, or willful misconduct of the client or the client’s officers, employees, or authorized agents in the discharge of those duties and responsibilities.
- Neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this Agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if such party has been advised of the possibility of such damages.
14-Day Money-Back Guarantee
- During the first 14-days of having your RipplePop representative, you are eligible for a full refund of your first payment if you are not satisfied with the results of your RipplePop representative. To be eligible for the money-back guarantee you must have attempted to use the RipplePop representative for the role they were assigned to. We will not honor a refund if the client was asking for work to be completed by the RipplePop representative that falls outside of the RipplePop representative's skillset which they were hired for.
- All reasonable legal fees and related expenses (including costs of experts, evidence and counsel) paid or incurred by RipplePop pursuant to any claim, dispute or question of interpretation relating to this Agreement shall be paid or reimbursed by the Client Company if RipplePop is successful on the merits pursuant to a legal judgment or arbitration.
- RipplePop reserves the right to terminate a client or customer at any time for any reason.
- The client or potential client is stricly forbidden from contacting any developer within our network for employment or contracts outside of RipplePop's knowledge and oversight. Contracting or paying our team for work completed outside the service offering from RipplePop will result in a fine equal to the yearly salary of that RipplePop team member.
- Provisions of this Agreement, which by their terms extend beyond the termination or nonrenewal of this Agreement, will remain effective after termination or nonrenewal.
- No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties.
- Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected.
- This Agreement and the exhibits attached to it contain the entire understanding between the parties and supersede all prior agreements and understandings relating to the subject matter of the Agreement.
- The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement.
- Neither party will be responsible for failure or delay in the performance of this Agreement if the failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of God, or any other causes beyond the control of the nonperforming party.
Term of Agreement
This Agreement will be active from the first date on which the client registers for a RipplePop plan.