To be an Independent Contractor, Mystery Shopper, Evaluator/Shopper for EvaluatorShopper.Com, you must accept the following Terms & Conditions.
Please read the entire agreement and by applying with EvaluatorShopper.Com this will indicate that you read, understood and agree to it.
- 1. EvaluatorShopper.Com will review your skills, Abilities, and qualifications to perform the services needed for you to become an Evaluator/Shopper Based on that review, we may provide you with the additional specialized training necessary to enable you to meet all of the qualifications of an Evaluator/Shopper and to be fully trained and able to compile the data necessary for our Reports. Once you are considered a qualified Evaluator/Shopper, we will contact you and inform you of Client projects in your area if there are any available and if you meet the requirements of the assignment. If you are interested in an advertised assignment and notify EvaluatorShopper.Com in writing of your interest (an email response), then you are agreeing to accept the assignment.
- 2. Candidate. If you are chosen, you will receive a call or written notification that you were selected and therefore expected to meet your obligation. With any mystery shopping assignment, EvaluatorShopper.Com will provide you with all of the specialized software for you to record the data you obtain from the Client property and any other relevant requirements concerning the project. All data entry forms will be in the form of a web-based survey, with each assignment, EvaluatorShopper.Com will inform you of the amount that you will be paid for the collection of the data, plus the maximum purchase reimbursement if applicable.
- 3. If you subsequently decline an assignment, EvaluatorShopper.Com shall have the sole discretion to determine if and when you will receive another potential assignment. You understand that EvaluatorShopper.Com has the sole power to decide whether or not EvaluatorShopper.Com will refer a particular assignment to you. You agree that any decision by EvaluatorShopper.Com about your qualifications to act as an Evaluator/Shopper is in the sole discretion of EvaluatorShopper.Com and that the decision shall not be challenged by you.
- 4. Independent Contractor Status You agree that you are entering into a relationship with EvaluatorShopper.Com, as an Independent Contractor (IC) and not as an employee. To maintain an Independent Contractor status you agree that you meet the generally defined characteristics of an Independent Contractor, that is, you market your mystery shopping services to a number of clients, you are free to take on clients and projects as you choose, you get paid by the project, not by the hour, you provide your own tools and materials to complete projects, you are responsible for your own expenses, and you are in control of how and when you complete projects.
- 5. Based on your IC status, EvaluatorShopper.Com will not withhold any income taxes or pay the employer portion of Social Security and Medicare taxes. In accordance with Federal tax law, EvaluatorShopper.Com will mail to each IC a completed tax form 1099 if the IC fee income (not expenses) exceeds $600.00 during a calendar year. As we are not requesting your Social Security number or EIN at the time of registration, we will need it for your first payment.
- 6. We will not be responsible for any automobile accident, on-site assignment accidents, unemployment insurance, and workman’s compensation of any sort and/or any insurance coverage. IC is responsible for reporting and paying his/her applicable taxes.
- 7. This agreement is between the Independent Contractor, and EvaluatorShopper.Com upon completion and transmission of this Independent Contractor Agreement, you will be entered into our database as an Independent Contractor (IC) only, with no employee status. Mystery shops will be offered on a periodic basis. Your responsibility will be to complete the mystery shops you choose to conduct according to the specifications and instructional guidelines provided by EvaluatorShopper.Com which are typically emailed to you. As an IC, you agree that any shops you accept will be accurately and honestly documented and completed within the time period indicated in the instructions.
- 8. Completed survey(s) must be turned in within 12 hours after the shop is completed unless the project specifies otherwise. EvaluatorShopper.Com assumes no liability and will not be held liable for payment to any IC who reports back to EvaluatorShopper.Com late, inaccurate, invalid or with incomplete work.
- 9. Payment to IC for completed and acceptable work will be made on the 25th of the following month unless the 25th falls on a (holiday or weekend) in which case it will be made on the next business day. You will be paid by Square, and if you don't have we will give you a link to sign up a free account. It's like a PayPal account. This way you will get your payment fast. If you were given an assignment and did not complete it for whatever reason, and thereafter or any assignment you have or will complete money that is owed to you, we will apply a penalty fee of $5.00 for each and every assignment you did not complete, and such fee will come out of any money that is due to you at the time of payment.
- 10. Some assignments may require a significant amount of cash and/or credit to complete the shop. While a portion, or all, of these expenses, may be reimbursable, the shopper's personal finances must be sufficient to carry these costs. Carefully review the requirements of each assignment to ensure you are financially capable of meeting the cash/credit requirements.
- 11. As an IC, you understand that your services will be rendered at various locations that may involve the use of transportation. Transportation costs such as gas, mileage, tolls, parking, etc. are your responsibility and will not be reimbursed by EvaluatorShopper.Com. Unless otherwise specified. If an assignment is to be completed on a certain date or during specific hours, then the date and hours will be included in the assignment instructions sent to you and you are expected to complete the assignment only during these dates and hours. Assignments not completed during specified dates or hours will be considered invalid and you will not be compensated for that specific assignment. Also, you are responsible for calling the location before the shop, to ensure the location is open. If a shop is attempted, and the location is not open, you will not be paid for the attempt.
- 12. If IC fails to complete an accepted shop under the specific instructions and guidelines provided by EvaluatorShopper.Com, any fees as well as reimbursement fees that may be withheld, by EvaluatorShopper.Com due to the lack of performance on the part of the IC. IC will forfeit any right to payment or reimbursed expenses for any late, incomplete, inaccurate or fraudulent information provided in any given shop report completed by IC. If at any time IC becomes employed or has a relative or friend that is employed by a client that EvaluatorShopper.Com has assigned the IC, the IC agrees to decline the assignment and/or notify of such employment.
- 13. If IC works for another Mystery Shopping company or one offering similar services, he/she will not disclose any information about EvaluatorShopper.Com to the opposing company.
- 14. You, the IC, agree to indemnify and hold harmless EvaluatorShopper.Com, together with its Clients, against all liabilities, costs, fees, expenses, and damages (including without limitation, defense costs) arising from or asserted as a result of the performance by you of your duties under this Agreement, or arising as a result of any wrongful or negligent act by you, or arising as a result of your violation of any law, statute, ordinance, code or regulation.
- 15. EvaluatorShopper.Com agrees to hold IC harmless for any actions taken or decisions made based on valid and accurate information presented in any given submitted mystery shop. EvaluatorShopper.Com shall be entitled to reasonable attorney fees, costs of collection and court costs incurred in efforts to enforce this Agreement with IC for any reason whatsoever. file for such violation. The agreement shall remain in effect for as long as the Evaluator/Shopper keeps this account open with EvaluatorShopper.Com unless IC or EvaluatorShopper.Com inform the other party in writing of the decisions to terminate this Agreement at any time.
- 17. The obligations contained in this Agreement shall survive termination of this Agreement and continue in full force and effect with respect to any particular item of Confidential Information for a period of five (5) years from the date of disclosure of such Confidential Information.
