Terms & Conditions
The following terms and conditions govern all use of thewww.MOVINGHELPCENTER.com website (the "Site") and all of the services available at the website (taken together, the "Service"). The Service is owned and operated by MOVING HELP CENTER ("MOVINGHELPCENTER"). The Service is offered subject to acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by MOVINGHELPCENTER (collectively, the "Agreement").
The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. MOVINGHELPCENTER may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
If you do not agree to all of THE TERMS AND CONDITIONS OF THIS AGREEMENT, do not access or use the Service. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR COMPLETING THE LISTING PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
The Site is a neutral venue/directory where individuals ("Clients") can locate, engage and reserve service providers ("Moving Helpers"). As a neutral venue/directory, MOVINGHELPCENTER cannot and will not guarantee or ensure the ability of (i) Moving Helpers to complete (or properly complete) any services or (ii) Customers to complete payment for such services. Any and all communications, or correspondence, verbal or written, or any warranties or representations, made with regard to any Moving Helpers services are not provided by MOVINGHELPCENTER, but rather are made specifically and solely by the applicable Moving Helpers. In addition, MOVINGHELPCENTER does not pre-screen Moving Helpers for compliance with federal, state or local laws and regulations and, therefore, MOVINGHELPCENTER recommends that Customers confirm such compliance directly with the applicable Moving Helpers before services are rendered.
1. Moving labor services, Listings & bookings
MOVINGHELPCENTER connects client with MOVING HELPERS for MOVING LABOR SERVICES. MOVING HELPERS do not provide moving trucks, portable storage containers, trailer etc - LABOR ONLY. MOVING HELPERS provide at minimum one utility dolly. Clients can also contact and book Movers +Truck. Movers drive the truck, wrap the clients furniture, load & unload the clients boxes & furniture. Client must pack boxes and have things prepared before the movers arrive.
CUSTOMER PROVIDES MOVING SUPPLIES AND MOVING HELPERS PROVIDE EXPERIENCED LABOR.
MOVING HELPERS provide rate & service information on WEBSITE and CUSTOMERS contact or reserve MOVING HELPERS to provide services at a specific day & time and at a pre-arranged rate. Reservations are done at least 24 hours in advance unless specially approved BY PHONE prior to CUSTOMER placing a reservation.
The CUSTOMER pays according to the rates listed on the website. Unless prior to the event a new agreement has occurred between CUSTOMER AND MOVING HELPER directly prior to moving day, the rate listed on the website is the amount the CUSTOMER pays MOVING HELPER.
(a) CUSTOMER ACKNOWLEDGEMENT: As a Customer, you agree that, upon viewing or completion of booking services, you will verify that the data submitted is accurate & correct. In the event the data submitted is inaccurate, CUSTOMER agrees to ensure accuracy of information prior to day of service by contacting MOVING HELPERS directly and supplying them with the correct information.
In the event information submitted is inaccurate and/or incorrect on moving day and causes delay or obstruction to service, you agree to reimburse the provider a fee equal to one hour of the providers service charge. This fee is paid directly to the MOVING HELPERS upon completion of their services.
CUSTOMER agrees to to pay remaining balance as well as any additional charges incurred on the same day of services are said charged incurred.
MOVING HELPER ACKNOWLEDGEMENT: As a Moving Helper, you agree that you shall not be entitled to receive any payment from MOVINGHELPCENTER for your services. You will receive compensation directly from the client at the rate you last submitted to MOVINGHELPCENTER.
2. Other Terms
Certain services available through the Site may be subject to additional terms and conditions. For example, Moving Helpers are subject to the Service Provider Guidelines. In addition, the MOVING HELP CENTER WEBSITE sets forth processes and procedures to help Customer in locating and engaging Helpers through the Site. Your breach of any of terms or conditions contemplated by this "Other Terms" section shall constitute a breach of this Agreement. To the extent such additional terms or conditions conflict with this Agreement, such terms/conditions shall control.
MOVINGHELPCENTER reserves the right, at its sole discretion, to modify or replace any provision of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
All Helper services will be paid for in cash or by other form agreed upon by Customer and MOVING HELPER after the services are rendered. Some MOVING HELPERS will require an online deposit to MOVING HELP CENTER.
CUSTOMER ACKNOWLEDGEMENT: As a Customer, you agree that, upon completion of services by a Moving Helper, you shall promptly reimburse the Moving Helpers for their time & service. In such circumstances, you will reimburse them according to rates listed at the time of the reservation).
MOVING HELPER ACKNOWLEDGEMENT: As a Helper, you agree that you shall not be entitled to receive any payment from MOVINGHELPCENTER for your services. You will receive compensation directly from the client at the rates you last submitted to MOVINGHELPCENTER. If a Customer refuses or otherwise fails to release payment to you such failure/refusal is an issue for you to address directly with the Customer (and MOVINGHELPCENTER has no responsibility or liability with respect to such failure/refusal).
6. FEES. When you make a listing, you authorize us to charge your account. Fees are non-refundable, even for listings we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any listing.
By leaving your feedback, you represent and warrant that you are the author and owner of the intellectual property rights thereto, all “moral rights” that you may have in such content have been voluntarily waived by you and all content that you post is accurate.
Furthermore, you understand and acknowledge that your feedback may be used in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant MOVINGHELPCENTER world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your feedback for any purpose. Please note that you also irrevocably grant the users of the Site and any other media the right to access to your feedback in connection with their use of the Site and any other media. Finally, you irrevocably waive, and cause to be waived, against MOVINGHELPCENTER and its users any claims and assertions of moral rights or attribution with respect to Feedback. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Feedback.
8. Links on the Site
From time to time, we may, with permission from the site owner, decide to link to websites that we determine may be of interest to our visitors. These websites may offer services, information or other resources or may be owned or controlled by other third parties.
We are not responsible for the content, information, products, or services of any linked site, any link(s) contained in any linked site, or any changes or updates to the information contained in such sites. MOVINGHELPCENTER provides links to third party sites only as a convenience and the inclusion of any such link on the Site does not imply MOVINGHELPCENTER's endorsement of either the site, the organization operating such site, or any products or services of that organization. A visit to any site or page from the Site via any such link is done entirely at your own risk.
Under no circumstances will MOVINGHELPCENTERbe held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on any other site.
If you find any link on the Site or any linked website objectionable for any reason, you may notify us at firstname.lastname@example.org. MOVINGHELPCENTER will consider requests to remove links but will have no obligation to do so or to respond directly to you.
9. E-Mail Confirmations and Alerts
MOVINGHELPCENTER may from time to time provide automatic e-mail confirmations and account-related alerts. MOVINGHELPCENTER may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Confirmations and alerts will be sent to the email address you have provided as your primary email address for MOVINGHELPCENTER.COM. If your email address changes, you are responsible for informing us of that change. Because such electronic communications are usually not encrypted, we will never include your password or any other personally identifying information or request that you reply to such communications to provide any personally identifying information. You understand and agree that any confirmations and alerts provided to you through the Service may be delayed or prevented by a variety of factors. MOVINGHELPCENTER does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any confirmation or alert. You also agree that MOVINGHELPCENTER shall not be liable for any delays, failure to deliver, or misdirected delivery of any confirmation or alert; for any errors in the content of a confirmation or alert; or for any actions taken or not taken by you or any third party in reliance on a confirmation or alert.
You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
11. Disclaimer of Warranties
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. FOR CLARITY, THIS MEANS THAT MOVINGHELPCENTER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY OR SAFETY OF ANY HELPER SERVICES THAT YOU MAY OBTAIN THROUGH USE OF THE SERVICE. MOVINGHELPCENTER DOES NOT REGULATE, MONITOR, OR GUARANTEE THE TIMELINESS OR QUALITY of ANY WORK PROVIDED TO ANY CUSTOMER(S) BY ANY HELPER(S).IF YOU ARE A CUSTOMER, YOU ENGAGE HELPERS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. Limitations on Liability
IN NO EVENT SHALL MOVINGHELPCENTER, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE FOR ANY: (I) LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.). THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. AS A HELPER, YOU UNDERSTAND AND AGREE THAT MOVINGHELPCENTER HAS NO RESPONSIBILITY OR LIABILITY FOR A CUSTOMER'S FAILURE TO PAY YOU FOR SERVICES YOU HAVE PERFORMED. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless MOVINGHELPCENTER and its officers, directors, shareholders, employees and agents, from and against all claims, liabilities, damages, losses, costs and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement (or any law or regulation) by you. MOVINGHELPCENTER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with MOVINGHELPCENTER in asserting any available defenses.
MOVINGHELPCENTER may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. Disputes with Other Users
You agree that MOVINGHELPCENTER is not responsible for any complaints you may have with other users, Customers, or Helpers. Any services provided by a Helper to any Customer is a contract between that Helper and that Customer (i.e. MOVINGHELPCENTER is not a party to any such arrangement). The Service is simply a means of helping one user finding another user. MOVINGHELPCENTER is not a staffing agency, representative, provider, or employer to any users. Because MOVINGHELPCENTER is not the agent of either Customers or Helpers, MOVINGHELPCENTER will not act as an agent to any such Customers or Helpers in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or the Services. To the extent MOVINGHELPCENTER assists in the resolution of any dispute between any Customer and any Helper, such assistance is only a courtesy and, therefore, you acknowledge that MOVINGHELPCENTER shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).
17. Refund Policy:
CUSTOMER ACKNOWLEDGEMENT: As a Customer, to receive full refund, an order must be canceled within 48 hours of booking. Cancellations after the first 48 hours are subject to a cancellation fee equal to 50% of the deposit placed. If you cancel less than 24 hours before the job start time, you lose your deposit. Any booking made for same-day or next day service that are cancelled are subject to a cancellation fee equal to 50% of the deposit placed.
18. Copyright and Trademark Notices.
Unless otherwise indicated, this Agreement and all content provided by MOVINGHELPCENTER are copyright © 2019 MOVINGHELPCENTER. All rights reserved.
"MOVINGHELPCENTER" as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by MOVINGHELPCENTER or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
19. Digital Millennium Copyright Act Notice
MOVINGHELPCENTER has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of MOVINGHELPCENTER's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is MOVINGHELPCENTER's policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If You believe that content residing on or accessible through the MOVINGHELPCENTER website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the email@example.com:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that MOVINGHELPCENTER is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.