Hourly Agreement

If You ("Client") and a Swift Technician ("Swift Tech") enter an independent contractor relationship for an Hourly Job, then this Hourly Billing and Payment Agreement (this "Agreement") applies. This Agreement is effective as of April 2, 2013. Your continued use of the Site after that date will signify your acceptance of it. We reserve the right to modify the provisions in this policy without prior notice to you, so please check back often for updates.

This Agreement hereby incorporates by reference all terms, conditions, rules, policies and guidelines on the Site, including the ("Terms of Service"). Capitalized terms not defined in this Agreement are defined elsewhere in the Terms of Service, or have the meanings given such terms on the Site

1. Introduction

Swift Tech's Hourly Billing and Payment Service ("Payment Service") allows Swift Tech to invoice Clients and Clients to pay Swift Tech via the Site, all for Hourly Jobs in an independent contractor relationship. The Payment Service is not generally used when Clients may use the Payment Service to pay Swift Tech expenses or bonuses for Jobs that use Escrow Services. The Payment Service is intended for business use, so you agree to use the Payment Service for business purposes, and not for consumer, personal, family, or household purposes.

2. How Swift Tech Bill for Services and Expenses

To create an invoice and bill a Client for Swift Tech Services or miscellaneous expenses authorized by the Member Contract, Swift Tech must follow the instructions and provide the information requested under the "Billing" links on the Site. By submitting an invoice, Swift Tech (1) irrevocably instructs and authorizes Swift Tech to bill the Client and receive payments from the Client on Swift Tech's behalf; (2) represents and warrants that Swift Tech has completed the applicable Swift Tech Services fully and satisfactorily; (3) represents and warrants that the hours Swift Tech reports are true, accurate and complete; and, (4) if the invoice is for miscellaneous expenses, that such expenses were actually incurred by the Swift Tech and were authorized by the Member Contract.

Appointment of Swift Tech as Agent

If you are a Swift Tech and you request payment for a Job, you hereby appoint Swift Tech as your agent to obtain funds on your behalf from your Client and credit them to your Account. Swift Tech must and hereby does fully discharge and credit its Client for all payments that Swift Tech receives from the Client on the Swift Tech's behalf.

Service Fees

Swift Tech will deduct its Service Fee from the Swift Tech's Account after crediting the amount paid by Client to Swift Tech's Account via the Site. The amount of the Service Fee deducted by Swift Tech varies as detailed on the Site.

3. How Clients Pay Swift Tech

To pay a Swift Tech's invoice, Client must follow the instructions and links on the Site and provide the information requested. Client may also pay Swift Tech a bonus, at Client's discretion, using the Site. Unless Client has a balance in their Account, Swift Tech will charge the Client's Payment Method for the necessary amount to pay the Swift Tech's invoice or bonus.

Payments Irrevocable

Client's instruction to Swift Tech to pay a Swift Tech is irrevocable. Such instruction is Client's authorization to transfer funds to Swift Tech from Client's Account or authorization to charge Client's Payment Method. Such instruction is also Client's representation that Client has received, inspected and accepted the subject work or expense. Client acknowledges and agrees that upon receipt of Client's instruction to pay Swift Tech, Swift Tech will transfer funds to the Swift Tech and has no responsibility to and may not be able to recover such funds. Therefore, and in consideration of the Payment Services, Client agrees that once Swift Tech has charged Client's Payment Method, the charge is non-refundable. Client agrees not to ask its credit card company, bank or other payment service provider to charge back any amount to Swift Tech for any reason. A chargeback in breach of the foregoing obligation is a material breach of this Agreement and the User Agreement. If Client does so, Client hereby agrees that Swift Tech may dispute or appeal the chargeback, or institute collection action against Client, and Client agrees to repay Swift Tech for the amount of the chargeback plus reasonable attorney fees and costs of collection incurred by Swift Tech to recover such amounts from Client, and administrative fees in the amount of $2,000 which amount Client hereby agrees is reasonable.

No Responsibility for Swift Tech Services or Client Payments

Swift Tech merely provides an internet payment service to Client. Swift Tech does not have any responsibility or control over the Swift Tech Services that Client purchases. Nothing in the Payment Service will be deemed to constitute Swift Tech your agent with respect to any Swift Tech Services that you purchase, or expand or modify any warranty, liability or indemnity stated in the Terms of Service. For example, Swift Tech does not guarantee the performance, functionality, quality, or timeliness of Swift Tech Services.

4. Disputes between Clients and Swift Tech

By using Swift Tech's Payment Service, you agree to follow Swift Techs, in connection with any disputes about Swift Tech Services or payments by Clients. You further acknowledge and agree that Swift Tech is not and will not be a party to any such dispute. Swift Tech may, at its sole discretion, withhold or delay payment in the event of dispute between a Client and a Swift Tech.

5. Payment Terms for Specific Job Types
Hourly Jobs

For Hourly Jobs, Swift Tech is required to submit weekly timesheets via the Site by 11:59 PM Eastern Time, USA, each Sunday. Client is required to review and approve weekly timesheets and make payment by Friday of the week following submission of the timesheet. A week begins on Monday at 12:00 AM midnight Eastern Time, USA, and ends Sunday at 11:59 PM Eastern Time, USA.

6. Payment Protection for Swift Tech

For Hourly Jobs that do not use Swift Tech Payroll Services, Swift Tech will get paid for hours that are properly authorized and documented in an agreed format for calculation. Subject to and conditioned on the below restrictions and limitations, Swift Tech will pay a Swift Tech for documented work not paid for or otherwise adjusted by Client, subject to and conditioned on the following terms:

  • a. Both Client and Swift Tech must have agreed to use Billing upon acceptance of the Job, as part of the Job terms.

  • b. Client must have an Account in good standing, the default Payment Method must be a valid authenticated credit card or PayPal with billing agreement enabled, and Client must agree to automatically pay for hours billed through Billing.

  • c. Swift Tech's Account must be in good standing with Swift Tech.

  • d. Swift Tech must have used Tracker to document any and all hours done for Clients.

  • e. Swift Tech must have provided adequate comments (at least one comment per hour) for the Screenshots documented by Billing, prior to submitting its invoice.

  • f. The Screenshots documented by Tracker must be clearly related to the applicable Job requirements or Client instructions in the Workroom.

  • g. The number of hours billed must be within the hours authorized for the week in the Workroom.

  • h.Within five days after notification of rejected or unpaid time, Swift Tech must submit a dispute specifically identifying the documented work not otherwise paid for.

Swift Tech will investigate and determine in its sole discretion whether the above terms and conditions are met.

Further Details:

Further details concerning Billing Payment Protection for Swift Tech may be found on the Site and are hereby incorporated by reference, provided that the Terms of Service shall govern any conflicts.

7. Billing Payment Protection for Clients

For Hourly Jobs that do not use Payroll Services, Swift Tech will adjust the invoice to a Client ("Billing Protection for Clients") for work that is not clearly related to either Job requirements or Client instructions in the Workroom and within the hours authorized for the week, subject to and conditioned on the following terms:

Both Client and Swift Tech must agree to use Billing as part of the Job terms.

  • a. Client must have an Account in good standing, the default Payment Method must be a valid authenticated credit card or PayPal with billing agreement enabled, and Client must agree to automatically pay for hours billed through Billing.

  • b. Within the Timesheet Review Period, Client must submit a dispute specifically identifying the time billed that is not clearly related to either Job requirements or Client instructions in the Workroom. The "Timesheet Review Period" means the time between submission of a Billing timesheet at 11:59 PM Eastern time on Sunday and the following Friday at 11:59 PM Eastern time.

Swift Tech will investigate and determine in its sole discretion whether the above terms and conditions are met.

Billing Payment Protection for Clients does not apply to: (1) Jobs using Payroll Services; and (2) Jobs prohibited by the Terms of Service.

Billing Payment Protection for Clients only protects Client from the obligation to pay for Swift Tech 's work if the documented hours worked are not clearly related to Job requirements or Client instructions in the Workroom. Billing Protection for Clients does not create any warranties, express or implied, beyond those expressly stated in the User Agreement. By way of illustration but not by way of limitation, Swift Tech does not guarantee the performance, functionality, quality, or timeliness of the Swift Tech's work product.

Further Details:

Further details concerning Billing Protection for Clients may be found on the Site and are hereby incorporated by reference, provided that the Terms of Service shall govern any conflicts.

8. Miscellaneous Payment Service Terms

Swift Tech reserves the right to seek reimbursement from you, and you will reimburse Swift Tech, if Swift Tech discovers erroneous or duplicate transactions, or Swift Tech receives a charge back from your payment method, credit card company, bank, or PayPal for any reason. You agree that Swift Tech has the right to obtain such reimbursement by charging your Account, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your Account.

9. Contacting Us

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact Customer Support as follows: support@swiftechnician.biz