Last updated: February, 2018
Terms of Service ("Terms", "Agreement")
Your access to and use of the Service (or platform or website) is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, Coaches and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. You are hereby entering into Agreement with Your Earth Angel
Your personal information is securely saved and never shared with anyone.
You understand, that we will be emailing and texting you of appointments and other important site notifications.
Any customers gained on this site are to remain the clients of Your Earth Angel. They are not yours, as they were found through our marketing efforts. Any violation of this will result in instant termination and any payments outstanding will be seized.
Independent Subcontractor
You are a Subcontractor and by utilizing this site and product, shall in no way be construed as a partnership, employer-employee relationship, franchisee-franchisor relationship, joint venture or agency agreement between the parties. You have the right to work on other Coaching sites as well as for yourself as long as by doing so you do not impact your performance here.
It is anticipated that you will perform services for Your Earth Angel on an as needed basis. The particular amount of time may vary due to the cyclical nature of the business and your availability.
You will perform most of your services at your own home or office.
You will provide your own equipment, not limited to computer equipment, webcam, microphone, internet and telephone line.
Accordingly, you shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the Subcontractor's activities, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fee as required.
In addition, because you are representing yourself to Your Earth Angel, as an independent subcontractor and the parties believe they are creating an independent subcontractor relationship, if at a later date, the IRS, EDD, or any other taxing authority determines your classification as an independent contractor was incorrect, you agree to indemnify Your Earth Angel all taxes, interest, and penalties paid by Your Earth Angel as a result of a reclassification of your employment status.
Your Earth Angel does not offer benefits of any kind to the Subcontractor.
Your Earth Angel will keep all records for services rendered with accessible detailed payout reports online for Subcontractors. Subcontractors will be paid for work performed on a weekly basis by Wednesday of each week.
Insurance
During the term of this Agreement, Subcontractor shall be solely responsible for maintaining adequate health, auto, workers' compensation, unemployment compensation, disability, liability, commercial liability, automobile and any other type of insurance, as is required by law or as is the common practice in the industry. Subcontractor agrees to indemnify and hold Your Earth Angel harmless against any claims relating to Subcontractor’s failure to provide such insurance.
Confidential Information
You agree that any information received during any furtherance of the Subcontractor's obligations in accordance with the work on Your Earth Angel which concerns the personal, financial or other affairs of the Your Earth Angel will be treated in full confidence and will not be revealed to any other persons, firms or organizations.
You will use best efforts and reasonable diligence to:
(a) Use such Confidential Information only for internal business purposes;
(b) Protect supplied Confidential Information in the same manner as the you protect your own Confidential Information;
(c) Not make copies of any such Confidential Information or any part thereof without the written consent [permission] of Your Earth Angel.
(d)Not disclose to others any such Confidential Information or any part thereof without the written consent [permission] of Your Earth Angel.
Rights and Interests
Absent a separate written agreement regarding ownership, in entering this agreement, you hereby grant to Your Earth Angel all rights, titles and interest in the works conceived or first produced by Your Earth Angel or its clients and any material produced by you or your employees under this Agreement, and you agree that such materials are “works made for hire” exclusively for Your Earth Angel or its clients under the copyright laws of the United States, unless a specified addendum is signed and acknowledged by both parties.
In the event that any such work shall not be a work made for hire under said copyright laws, you hereby assign to Your Earth Angel or its clients all rights, titles, and interest in such work and to execute whatever assignment of copyright or other documents whatsoever as may be required or appropriate to transfer and confirm exclusive title in such work to the copyright therein to Your Earth Angel.
Non-Solicitation and Non-Compete
You will not directly or indirectly employ or recruit for employment any employee or subcontracted person of Your Earth Angel during the term of this Agreement and for three (3) years thereafter without prior written consent of Your Earth Angel. In the event an employee or subcontracted person is hired without prior written consent, during the time specified, You agree to pay Your Earth Angel an amount equal to 40% of the gross Your Earth Angel wages of the employee or subcontracted person as liquidated damages, not as a penalty.
You agree that during the term of this Agreement and for three (3) years thereafter, you will not directly or indirectly solicit any current or prospective customers for the purposes of establishing any business relationship to provide services contemplated by this Agreement.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact us at support @ Your Earth Angel . com (no spaces) if you have any questions about these Terms.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Chester Country PA, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.