Supplier Agreement and Terms and Conditions of Use ("Agreement")

This Agreement is effective immediately on 10/19/2018 and supersedes all previous versions of the MovingLabor.com Terms of Use, Terms of Service, Terms and Conditions, Privacy Policy, Supplier Agreement and Supplier Policies. This Agreement is now inclusive of all previous agreements.

Introduction

MovingLabor.com (“MLC”) is a nationwide facilitator and coordinator of moving labor and moving help services (“Services”) in the form of an online platform (“Platform”). The platform works thus:

  • First and foremost, MLC provides a platform that allows for a marketplace for moving services for Customers and Suppliers alike. MLC is not to be considered a broker in any contractual relationship between you and a Customer.
  • Customers contact MLC by visiting our Website, movinglabor.com, or by calling Customer Support.
  • Whilst browsing our Website or speaking with Customer Support, a customer will learn about what suppliers such as your company have to offer in terms of moving services and pricing, as well as applicable policies and procedures that may be imposed by you and/or MLC.
  • The customer will see real-time pricing from a supplier or suppliers based on their search parameters and the information available to them on the platform.
  • The customer will then submit a booking request for Services with their chosen supplier.
  • The supplier may then view the booking request details and elect to accept or decline.
  • The quote and scheduled Services provided is by you to the Customer, and not provided by MLC, and said Services will be based on the information the MLC platform provides from our active and approved moving company vendors (“Suppliers”), such as your company.
  • MLC provides a Supplier with a captive customer base (i.e. those using the MLC platform), provide effective and intermediary Customer Support, and other allied services for Suppliers and customers alike, as outlined in this Agreement.

Definitions

(1) The terms "we", "us", "our", "MovingLabor.com", “the company” and "MLC" refer to WBJ & Associates LLC dba MovingLabor.com, a Florida limited liability company and/or our subsidiaries and/or related business entities;

(2) "Services" refers to any moving service that is considered 'labor only'. This includes, but is not limited to, loading, unloading, packing, furniture movement, on-site apartment moves, unpacking, transfer loading, padding/wrapping furniture, securing a load with tie downs, etc;

(3) The "Website" refers to www.movinglabor.com;

(4) The “Marketplace” is the online virtual community of Suppliers and Customers that may transact and interact for the purpose of the provision and acquisition of moving services, as found on the Website and as run and provided by MLC;

(5) The “Platform” refers to the online platform (the Marketplace) on the Website run and provided by MLC and which forms the conduit by which Suppliers and Customers can transact for the purpose of providing and acquiring moving services, respectively;

(6) The terms "you", "your", “your company”, “Vendor” and "Supplier" refer to you individually and/or as a representative of any person or entity in the principal provision of moving services that has been approved by MLC to provide said moving services;

(7) “Supplier Program” refers to the terms, conditions and policies to which all Suppliers are obligated. The term represents the relationship between MLC, Applicants and Suppliers;

(8) The term “applicant” or “applicants” refers to any moving company or individual representing a moving company that has submitted an application to provide Services for MLC under the Supplier Program;

(9) "Customers" or “customer” refers to individuals or an individual who access/accesses and/or use the Website to schedule Services in connection with movement and/or storage of their household goods and personal effects (“Goods”), and individuals otherwise booked/scheduled by MLC for Services to be performed by a Supplier;

(10) “Vehicle” refers to any transportation method which the Customer may provide for the purpose of moving their property/Goods. This is most commonly a truck rental, freight trailer, portable storage unit, international container, U-Haul tow behind trailer, personal trailer or truck, pickup truck, cargo van or similar vehicle;

(11) "Supplier Portal" and “Portal” refers to a portion of the Website that you access/use to manage your MLC account. This includes accessing job history, accepting/declining/confirming moves, updating and managing your settings and locations, etc;

(12) “Booking Request” or “BR” refers to a request for Services with a Supplier, and the Supplier has not yet responded via the Portal;

(13) “Response”, “Accept”, “Decline” and “Withdrawn” refer to actions taken by either Supplier or Customer after a Booking Request has been submitted;;

(14) The terms "rates", “fees” and "pricing" refer to the price structure associated with every Request, as set by the Supplier, in which the Customer must be billed;

(15) The terms “move details”, “job details” and “work order” refer to the information made available to the Supplier via the MLC platform regarding the Customer, Services, scheduling, heavy items, locations, access conditions and similar;

(16) The terms “reservation”, “reserved booking”, “booked”, and “scheduled” refer to a Customer that has submitted a Request for Services with a Supplier via the MLC platform, in which the Supplier has Accepted the Request;

(17) "Terms and Conditions" means all the terms, conditions, rules and provisions in this Agreement and all additional terms, conditions, rules and provisions contained in the Website, in forms you complete at our direction and in documents we issue in connection with your provision of Services (collectively referred to as "Additional Terms"), all of which Additional Terms are incorporated herein and made part of this Agreement by this reference. Other terms are defined as needed throughout this Agreement.

Supplier Applicants

The information in this section has moved to our knowledge base.


Moving Services

Services provided by you under this Agreement will be moving labor only. These Services include: loading, unloading, packing, unpacking, furniture movement and on-site moves. A more thorough description of each Service, along with your obligations, can be found in our knowledge base.

Additional Services You May Provide

If your company can provide the additional services listed below you may do so by reaching an agreement directly with the Customer. Any of the services listed below must be provided separately from the Services booked and scheduled via the MLC platform. These services may include:

  • Full Service Moving, Transportation or Delivery Services
  • Junk Removal
  • Cleaning
  • Crating
  • Hoisting
  • DisAssembly of Pool Tables or other High Value Items

Learn more about additional services in our knowledge base.

Pricing & Service Rules

As a Vendor you will be able to configure your company profile with your rates, fees and service rules. Rate settings include:

  • Mover Rates (up to 12 movers)
  • Travel Charge (including maximum distance)
  • Surcharge

Additionally, you may choose to set service rules and fees in four categories:

  • Equipment/Materials
  • Heavy Items
  • Specialty Services
  • Specialty Items

Learn more about rate and travel charge settings and service rule settings in our knowledge base.

Scheduling Policies

MLC is the industry leader in reputation and reliability. This is largely in part due to our Portal which greatly reduces the potential for human error, ensuring that moves are Serviced as scheduled. Our enormous investment in providing reliable Services means that we expect you to always arrive on time, as scheduled, to every move. This section provides an overview of how we schedule Services and what we expect from you before the scheduled DOS.

Arrival Time

An arrival time is the scheduled time in which the movers must arrive within. There are two classifications of arrival times: Arrival Window (“AW”) and Firm Time. Regardless of what type of arrival time is scheduled you are required to arrive on time.

Arrival Window

An AW is a duration of time, or a time block, that is designed to give you flexibility for potential delays. In most cases, MLC will schedule a two hour AW. For example, a 12pm-2pm AW would mean that the movers must arrive at the location sometime between 12pm and 2pm. An AW doesn't always mean a two hour block, however. An AW can be any time block from 30 minutes (e.g. 12pm-12:30pm) to five hours (e.g. 12pm-5pm).

Potential AW's we have available begin with a 6am-8am AW and increase in one-hour increments through the late afternoon, with the last option of 5pm-7pm. MLC will automatically adjust the potential AW's available based on the time of year to ensure the movers have daylight. For example, our 6am-8am and 5pm-7pm AW's are typically not offered during the fall and winter due to lack of daylight at these times.

Firm Time

A Firm Time is an arrival time that is not a block, but instead a set time. For example, 12pm Firm would mean that the movers must arrive at 12pm. This is common in situations with a live load, reserved elevator or other time constraint.

Customer Communication

Although MLC handles the majority of Customer Support and interactions, you are still responsible for communicating directly with the Customer, especially as the DOS approaches. Situations when you are expected to communicate directly with the Customer have been outlined below.

2-3 Days Prior to DOS
  • Complete Materials Survey (only applicable if you are providing Materials for packing Services)
1-2 Days Prior to DOS
  • Reconfirm the accuracy of the move details (e.g. reconfirm the Vehicle size, the Services scheduled, etc)
  • Ask any questions you may have about the service location or assistance with directions
  • Provide helpful last minute tips, like recommending furniture padding, tie-downs, etc
  • Ask for updated information for any details that were unknown or TBD at the time of booking
On Moving Day
  • Provide the Customer of an estimated time of arrival (“ETA”) at least 30 minutes prior to your arrival
  • Notify the Customer immediately if you are delayed and provide an accurate, updated ETA

Cancellation & Reschedule

MLC will never make changes to an existing reservation that is assigned to you without first requesting your approval. You will be contacted to request approval for Modifications and Reschedules.

Customer requests for Pending or Cancellation will not require your approval, however, you will be notified and your Portal will be updated to reflect these changes.

Reschedules

A Reschedule is defined as a request to change the originally scheduled DOS or Arrival Time. Unfortunately, these requests are very common in the moving industry and we make every effort to accommodate them whenever possible. You are not obligated to approve a Reschedule if your schedule does not permit. There is no fee for a Customer to request a Reschedule.

Pending

Pending is a flexible and convenient option we offer Customers in lieu of Cancellation. Pending is not a Reschedule or a Cancellation, it's actually a short term Cancellation that will eventually Reschedule. This option is popular when there is a delay in the moving process and the actual DOS is unknown. Customers that choose Pending will be removed from your active schedule until their DOS is known. Once known, the Customer will go through the Reschedule process. There is no fee for the Customer to request Pending.

Cancellation

From time to time a Customer will need to completely cancel their reservation. You will be notified if a Cancellation is received and your Portal will update to reflect the Cancellation. There is no fee for a Cancellation unless it meets the No Show Fee (“NSF”) criteria, further explained below.

No Show Fee

A NSF is applicable when reasonable notice was not provided by the Customer for a Reschedule, Pending or Cancellation request. Or in the event of undisclosed hazardours situations. MLC defines “reasonable notice” as any time immediately before, during or after dispatch to the Customers location. Any Customer that makes such a request without providing reasonable notice is subject to a NSF in the amount of $150.

Collecting the NSF

Due to the nature of the NSF it is possible that the Customer will attempt to dispute the charge with their credit card company. Whenever possible you should attempt to obtain payment for the NSF directly from the Customer while you are on site. If you are unable to collect payment directly MLC will attempt to charge the Customer for the NSF. You must obtain and provide to MLC supporting evidence that you attempted to Service:

  1. Signed WO: Attempt to have the Customer sign the WO stating that Services were not provided and, if possible, the reason why. If the Customer is not available, ask anyone in the general vicinity to provide a signature stating that you were on site. It will be important to inform this person that their signature is only a means of verification that you were at the service location
  2. Photo Evidence: Photos that verify your physical presence at the service location. This could be a photo of the WO with the address of the location in view. NOTE: If the NSF is being applied due to a hazardous situation you should take photos to detail the hazard

Because of the likelihood of a Customer dispute, MLC will not make payment to you until 60 days after we processed the NSF payment.

Modifications

A Modification is defined as a change to the existing reservation that does not affect the originally scheduled DOS or Arrival Time. The most common changes to a reservation is a Package modification, that is, a change in the number of movers or minimum hours. There is no fee for a Customer to request a Modification.

Your Obligation to Notify Us of Modifications

A Customer may contact you directly to request for you to modify an existing reservation. Your ability to directly approve a modification request will depend on the type of modification.

Changes to Basic Move Details

You may, at your discretion, agree to any modification request regarding the DOS, Arrival Time or basic move details directly with the Customer. However, you are required to notify MLC of these changes so that we may update the Customer account and WO to ensure accuracy.

Changes to the Package or Adding Services

You may not agree to any modification requests regarding the Package or the scheduling of additional Services directly with the Customer. Any Customer request to modify their Package or to add Services must be directed to MLC staff for handling. Failure to do so is a violation of our Customer Retention Policy as outlined in this Agreement.

Hazardous Situations

You reserve the right to refuse Services when conditions or items are unsafe, hazardous or unhealthful. The most common examples of these conditions or items that have been declared unsafe include, but are not restricted to:

  • Hazardous conditions: mold contamination, bug infestation, urine/feces, unsafe access (rusted stairs), customer under the influence of narcotics or alcohol, aggressive disputes (e.g. husband/wife, landlord/tenant), hoarders, etc.
  • Hazardous items: chemicals, ammunition, fireworks, gasoline, propane, drugs/needles/pills in public view, etc.

In the event that a Service must be canceled or rescheduled as a result of undisclosed hazards then the Customer will be responsible for the NSF fee. Supplier is responsible with providing supporting evidence to MLC as detailed in NSF.

Billing

You will bill the Customer directly in conjunction with the rates listed on your WO. In most situations you will collect the balance due directly from the Customer. You must allow every Customer to pay by cash or credit card, checks are to your discretion. In the event that a Supplier does not accept credit cards directly, MLC will process the payment on their behalf. Learn more about collecting payment in our knowledge base.

Pre-Authorization Billing

In rare situations you will not bill the Customer directly for Services. When this occurs, the Customer has submitted a Pre-Authorization billing document (“Pre-Auth”), which is almost exclusively used for commercial accounts.

When a Pre-Auth is on file the WO provided to you will clearly indicate that you will not be billing the Customer directly. You are only responsible for completing the WO, including the total time and balance due, along with Customer signature. Once the completed WO is submitted to MLC it will be processed on your behalf and you will be paid in conjunction with our “Payments” policy below.

Payments

This section covers our policies for making payments to you when we process a balance due on your behalf. Learn more about receiving payments from MLC in our knowledge base.

Payment Processing Compliance

Compliance with our payment processing requirements is necessary for MLC to be able to remit payment to you, i.e. the WO was completed correctly and submitted in the required time frame, the billing information is accurate, etc. You can view a list of these requirements in our knowledge base.

In the event that a WO was submitted to MLC for processing, and we are unable to successfully charge the credit card, MLC will attempt to contact the Customer and obtain valid billing information. MLC will not remit payment to the Supplier while we attempt to resolve the conflict, which may take up to 10 business days. In most cases we will successfully obtain billing information and remit payment within a week.

If MLC is unsuccessful in collecting the balance due, and you satisfied the requirements of our payment processing compliance, then MLC will typically still remit payment to you. Although rare, when such an event occurs it may take up to 14 days for MLC to remit payment.

Processing Fee

When MLC processes a balance due on your behalf we charge a 3.2% processing fee. This amount allows us to recoup processing fees incurred, administrative costs and costs associated with issuing ACH or check payments. The 3.2% processing fee will be subtracted from the total billable amount. The 3.2% fee is not applicable when we are processing the balance due as a result of a Pre-Auth billing document.

Chargeback

A chargeback is when a Customer disputes a credit card transaction with their credit card company. When this occurs, MLC is required to provide the credit card company with sufficient evidence to support the transaction. The majority of all chargebacks are found in favor of MLC, i.e. assuming Services were rendered and the WO was completed and returned in the required time frame. This includes two customer signatures, billable time and total due match, and all credit card information is clearly shown.

In the event that MLC loses the chargeback dispute and the processed amount is returned to the Customer, the Supplier is responsible for reimbursing MLC for the full charge amount.

Data Privacy & Security

It is your obligation to ensure that credit card data remains safe while in your possession. ML maintains PCI Compliant levels of encryption and security on our Websites and servers to ensure the safety of this data. Once a completed WO with credit card information has been returned to ML you must destroy your copy. NOTE: Before destroying your copy you should first confirm that it has been received by MLC.

Tax Reporting

MLC is required by the IRS to issue a 1099-MISC for all payments made to you in a single year if that amount exceeds $600. MLC only tracks and reports payments that we make to you, we do not track or report payments that are made directly to you by the Customer. Learn more about tax reporting.


Quality Assurance

Performance

To ensure our Customers are receiving the highest quality Services available, MLC requires all Suppliers to maintain a high level of customer satisfaction. Your level of performance is directly tied to the Status of your Supplier account (“Status”) as well your eligibility for move requests.

Account Status

A Supplier account Status can be in either “Active” or “Inactive”. An active Supplier account is one that is currently eligible for MLC system requests and to provide Services. An inactive Supplier account can be a result of temporary suspension, permanent termination or a declined application.

Quality Score

MLC requires all Suppliers to maintain a minimum of a 4.00 score (out of a total 5.00). The best method to maintain a quality score is to continually strive for customer satisfaction on each move. The primary components of customer satisfaction include:

  • Communicating with the Customer
  • Arriving on time
  • Providing the required tools and equipment
  • Staffing well trained, clean cut and polite staff
  • Completing the Services in a professional manner
  • Ensuring the Customer is billed correctly

Additionally, your interactions with MLC are factored into your score. Ensure that you maintain a quality score by:

  • Responding to MLC system requests and/or phone calls as quickly as possible
  • Submitting completed WO's and other required paperwork in a timely manner
  • Promptly addressing Disputes, audits or other inquiries from MLC

Components of Quality Score

Your performance is scored by a proprietary algorithm using data from the following:

  1. Customer Reviews
  2. Disputes/Complaints
  3. Damage Claims
  4. Resolving Disputes

Customer Reviews

Approximately 48 hours after every completed move our system will send every Customer a Survey request. Each Survey allows the Customer to score your performance based on a 1 to 5 star scale in the following categories: Promptness, Professionalism, Communication, Preparedness, Experience. Your total score for each review will be the average of all categories. You will receive an email notification each time a Survey is completed.

Visibility of Customer Reviews

Customer reviews are publicly available as soon as they are submitted. MLC will display the score rating associated with every review as well as the comments left by the customer. Your public profile will display your overall review score as it is determined by the average of all reviews.

Find the URL to your public profile inside the Supplier Portal: Manage > Locations > View Public Profile

Responding to a Review

You have the opportunity to provide a public response to every customer review. Once you have submitted your initial response you will have up to (7) seven days to edit that response before it is locked.

Reporting a Review

MLC will not fact check or investigate the details of every review. If you believe the customer made a mistake or was unfair you should contact the Customer directly and ask them to edit the review. The Customer has (14) fourteen days after submitting a review to edit the review. Additionally, you can use the reply feature to provide your side of the story to the public.

Every submitted review is subject to our review guidelines (below). In the event that a review violates this criteria you may report it to MLC for investigation. You should report a review only if it is in clear violation of these guidelines. You should report the review by emailing vendor@movinglabor.com and providing details about the review and why you believe it should be investigated.

Review Guidelines

  • Inappropriate Content: Threats, harassment, profanity, hate speech, prejudice, sexually explicit language, personal attack or unfounded accusations
  • Relevance: The review should address the moving experience with the movers and/or moving company. Should not include comments about their experience with a different mover or Service Date. Review must be relevant to the experience and performance of the associated mover
  • False Statements: Your review should be honest, truthful, and based solely on your moving experience. Your review may not include false, incorrect or misleading information
  • Privacy: No private information. Specifically, contact information such as phone numbers, email address, website URL's, addresses and similar
  • Intellectual Property: Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party

Audits

MLC monitors Survey results and is required to audit any Survey that includes a 3-star or lower response in any category. After the audit has been completed you may be contacted by MLC for further action.

Disputes & Complaints

You are required to investigate, address and close any Disputes opened by MLC on behalf of a Customer. The majority of complaints fall into one of these three categories:

General Complaints

Situations where the Customer feels that the movers didn't meet their expectations and are typically related to on-site performance or mover expertise. These complaints are subjective to perception and you are in the best situation to assess the complaint and determine if it has any basis.

Policy Violations

A Dispute in which the Customer claims that you failed to abide by the MLC policies and procedures. MLC expects you to abide by all policies and procedures outlined in this Agreement. In the event that we determine our policies or procedures were knowingly violated, MLC will investigate the matter to determine if a change to your Status is necessary. Status changes will be made in conjunction with our Termination policy outlined in this Agreement.

No Show

You are expected to provide Services on the DOS and within the Arrival Time as scheduled. Failure to show up to render Services is considered a No Show and is a policy violation that may result in Termination.

Lateness

In the event that an unforeseen issue, delay or conflict arises that will prevent you from providing Services as scheduled, you are required to notify MLC as soon as possible. MLC will work with you to attempt alternative scheduling or reassigning options, if possible. You should also contact the Customer directly to inform them that you will be late, along with an accurate estimation of Arrival Time.

Equipment

You are required to provide the Mandatory Tools & Equipment as outlined in this Agreement. Failure to do so is considered a policy violation.

Billing

You are required to bill the Customer for Services in conjunction with the MLC rate schedule as outlined in this Agreement. Any additional charges, such as Travel Fee's or Surcharges, will be displayed on the Portal as well as the MLC WO. You may, when applicable, charge the Customer for Materials so long as the rates charged are inline with the standardized MLC Supply Pricing.

You may not charge the Customer any fees that are not expressly allowed by this Agreement. These include, but are not limited to, fees for stairs, elevator, long carries, heavy items, credit card processing, fuel, etc. In the event that you bill a Customer incorrectly, you are required to refund the Customer for the over-billed portion within three days of being notified. Failure to quickly resolve a billing Dispute may result in Termination of your account.

Damage Claims

A Dispute in which the Customer claims the movers damaged their Goods, property or other possessions and are seeking restitution (“Damages”).

Learn more about handling damage claims.

Damage Claims

Any Supplier providing Services under this Agreement is required to abide by the rules of Released Valuation (“RV”) under Federal Tariff Law. Under this law, you are liable for Damages up to $0.60 per pound, per item. This section will explain your obligation to investigating and closing damage claims, as well as the general rules of RV.

Released Valuation

RV is your legal liability to compensate the Customer if Damage to their property occurs through negligence, while in your possession. RV establishes your maximum liability for Damage at $0.60 per pound. Thus, your liability is based on the weight of the item, not the current monetary value.

Your Liability

You are liable for any Damage that results from negligence during the movement of the item. Most of these situations can be explained as Damage that could have been avoided ("accidents"), or that should have been avoided ("negligence"). The former is an unintentional act, such as dropping an item while it's being carried. The latter is usually a failure by the movers to complete a task correctly, resulting in the Damage.

Examples of Negligence
  • The Customer provided furniture blankets but some/all were not utilized
  • Dragging an item across the floor resulting in Damage to the property
  • While carrying an item, failing to navigate correctly resulting in Damage to the hallway, doorway or walls
Liability Rules

Due to the nature of the Services we provide there are many liability rules and exclusions:

  1. Possession: Your liability for Damage exists while the movers are on site and in possession of the items. Your liability ends when the work order is signed and the movers have departed, as possession has been transferred back to the Customer
  2. Indirect: Your actions must have directly resulted in the Damage. Example: While carrying a flat screen TV it is dropped by the movers. You would be liable if the TV was properly packaged and prepared for moving, however, if the TV was not adequately prepared/packed then being dropped was the indirect cause
  3. Customer Packed: Any items boxed, packed or otherwise prepared by the Customer

Investigating & Handling Claims

You are solely responsible for investigating and responding to any damage claims in a timely manner.

For more information see "Your Role" in 'Resolving Disputes'.

Mitigating Risk & Liability

You can drastically reduce the occurrence of Disputes and Damages by implementing simple procedures for your movers.

Thorough Completion of the Work Order

Our work order has been specially designed to legally relieve you of liability for Damages once Services have been performed. For the work order to be effective, however, it must be completed in its entirety.

Here's how our completed work order can protect you:

  • Pre-Move Waivers: On the right side of the work order you will find eight waivers which reduce or release you from liability in specific situations. The movers should review each applicable waiver with the Customer and have them initial them
  • Write-In's: A section that allows you to write-in whatever you'd like. This could be an additional waiver or release, information about Damages, etc. Additionally, this section allows you to write-in the quantity of furniture padding provided by the Customer for load Services
  • Terms & Conditions (Signature): Once the Customer has signed the WO the Terms and Conditions legally release you from liability at that point. If the customer is paying by credit card they should sign both signature lines
Give Advice

It's not uncommon for Customers to underestimate how difficult moving can be, and often times they are unprepared. Remember that you are the professional, not them, so don't hesitate to give advice and express your opinion.
Example: You've arrived at the Customers home to load a 26' truck but they don't have any furniture blankets. Inform the Customer about the importance of furniture protection and that, without them, their furniture is likely to be Damaged. This would be the ideal time to review the Pre-Move Waiver on this topic, and to inform them that your liability for Damages does not extend to furniture if padding is not provided.

While it may seem blunt, the fact is that, if done correctly, you made the Customer aware of potential issues that are outside of your control. You have also allowed them to take appropriate action by securing furniture protection if they choose. But, even if they don't, they are far less likely to pursue Damages when they arrive at their destination because you verbally expressed your opinion on the matter while you had their full attention.

Resolving Disputes

Your Role

Once you have been notified of a Dispute you are required to:

  • Contact the Customer within 72 hours to discuss the Dispute
    During peak season (May-Aug) your requirement to contact the customer is extended to (7) days
  • Investigate the claim to determine if it has basis (merit)
  • If the Dispute has basis, you must take appropriate steps to satisfy the Dispute directly with the Customer
  • If the Dispute does not have basis, you are still required to close the Dispute by informing the Customer of your investigation results
  • Regardless of the outcome, you must officially close the Dispute in a timely manner and notify MLC of your official response

Our Role

Because you provided Services and are an independent company, MLC cannot investigate or close a Dispute on your behalf. MLC's role in the Dispute process is limited to the following:

  • Record the Dispute information and notify you of the Dispute
  • Provide you with the Customer contact information
  • Keep the lines of communication between you and the Customer open
  • Ensuring that you investigate the Dispute and respond to the Customer
  • Recording your official response and closing the Dispute

Legal Clauses

Assurances

All Suppliers that perform Services on behalf of MLC are expected to have sufficient expertise and experience to ensure Services are completed successfully. Regardless of the Services provided, all Suppliers are expected to provide competent, professional and experienced movers to fulfill all obligations of this Agreement. By agreeing to our Terms, you are assuring MLC that you can meet the obligations and expectations in this Agreement.

Non-Compliance

Non-compliance is when you fail to comply with the specific details of an individual work order. This clause specifically deals with non-compliance that results in a loss of revenue to MLC. Non-compliance most commonly occurs in the following situations:

  1. Failure to send the required number of movers (e.g. Sending two movers instead of three)
  2. Failure to provide Services as scheduled resulting in a Cancellation. Failing to provide Services as scheduled may be due to excessive lateness or a no show (“No Show”)

In these situations MLC must refund a portion or all of the initial deposit paid to MLC. A loss of revenue is incurred by MLC, and because this loss was a direct result of your non-compliance, you are required to compensate us for the loss amount. Compensation must be paid to MLC within (7) business days of the date you were notified such compensation was due. Failure to compensate MLC in accordance with this policy may result in Termination of your account.

Customer Retention

At our own expense, MLC acquires Customers through many different methods. The rate of acquisition can be reduced significantly by booking/scheduling multiple Services for a single Customer. Therefore, any Customer that initially schedules Services through MLC must be directed back to MLC for additional bookings and/or Services. You may not contract with, book, reserve or schedule the Customer directly for additional dates or Services. Failure to do so may result in Termination of your account.

Assignment and Subcontracting

You may not assign or subcontract any part of your obligations under this Agreement.

Content

As a Supplier you may elect to enter information regarding and relating to your business on MLC. Additionally, you may upload documents which include, but not be limited to, your business license, commercial insurance, proof of entity (state or local), EFT bank information, IRS taxpayer identification and workers’ compensation policy. By agreeing to the terms herein, you grant MLC all rights to share and post this information and documents on its site and with any User, Customers, partners and/or affiliates of MLC.

You further perpetually and irrevocably grant MLC the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else. You further authorize MLC to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. This includes the creation of a public, indexable and searchable Supplier profile. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

The content published on MLC by its Suppliers is strictly the responsibility of its creator (You). MLC does not screen or support any information published by its Suppliers. However, MLC does reserve the right to delete any information, links, or content that it feel violates this Agreement, or takes advantage of our Users, Customers, affiliates, and/or partners. MLC is also not responsible for the content of third party services listed, since third party websites and services do not operate under this Agreement. By agreeing to these Terms, you hereby agree that MLC is not responsible for any loss or damage you may receive from any information posted or promised by, and any content/communication created by any Suppliers, Users, Customers, affiliates and/or partners of MLC.

Feedback and Review Comments

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 MLC 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 MLC 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, translate, remove, analyze, commercialize, and prepare derivative works of Feedback.

Termination

MLC reserves the right to terminate any Supplier account for any reason that it feels is necessary. Termination will result in the immediate ceasing of your relationship with the MLC Supplier Program and revocation of access to the Portal. As a Supplier with MLC you agree and understand that termination may occur if at any time you are found to be in violation of this Agreement, Privacy Policy, Non-Compete, or the law. Additionally, termination may occur for failure to: maintain a quality score, respond to Disputes or Damages, meet the core requirements of the Supplier Program (including maintaining required insurance coverage, legal status to conduct business, etc), respond to communication and Requests in a timely manner, provide Services as scheduled, as well as other, similar, failures of this Agreement. Any liabilities and/or duties we have to you or you have to us that arise during the term of this Agreement shall survive termination of this Agreement.

Disclaimer

MLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE WEBSITE OR ITS CONTENT FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICE BY MLC. THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MLC DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS CONTENT, ITS SERVERS OR ANY EMAIL SENT FROM MLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL MLC BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES OR OTHER DIRECT OR INDIRECT COSTS, EVEN IF YOU NOTIFY US IN ADVANCE OF A POSSIBILITY OF SUCH DAMAGES, ARISING OR ATTRIBUTABLE TO YOUR ACCESS TO, USE OF OR INABILITY TO USE THE WEBSITE.

Website Availability

We will use reasonable efforts to make the Website available for access through the World Wide Web. However, we are not responsible for unavailability of the Website for any reason, including, but not limited to, periodic downtime for maintenance, backup, acts of God, and other circumstances beyond our control that are a normal part of Internet business, and we may at any time in our absolute discretion suspend or discontinue the Website for any reason or no reason at all.

Warranties

Services you provide or offer to a Customer is a contract between you and that Customer. MLC is just a facilitator that handles all aspects of the Customer Support, quoting, booking and scheduling process for Customers. We are not a staffing agency, representative, provider, contractor, or employer to any Supplier. By joining the MLC Supplier Program, you are agreeing to represent yourself properly, and perform the Services you procured for correctly. By accepting a booked move through MLC, you are agreeing that any Disputes regarding the quality or work performance by you are to be resolved between yourself and the Customer. MLC is not legally responsible for settling or being involved in any Disputes you may have with a Customer. By joining the MLC Supplier Program, you are agreeing that any Services performed by you for Customers on behalf of MLC, are solely the responsibility of yourself and the Customer involved.

Proprietary Rights

MLC is the sole owner of the Website and all content, information and software included in, downloadable from, or accessible through the Website ("Content"). In this connection, "Software" includes but is not limited to the infrastructure used to provide such content. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any content. You specifically agree, further, (1) not to access, monitor or copy any content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (2) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (3) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; or (4) deep-link to any portion of the Website for any purpose, or "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization. Access to or use of the Website conveys no rights of ownership or license whatsoever in or to you.

Confidential Information

Your access to and/or use of the Supplier Portal and content, and your performance of this Agreement will result in our disclosing to you or your learning of certain data and/or information that is proprietary and confidential that is our Confidential Information. For purposes of this Agreement, "Confidential Information" shall include but not be limited to any and all non-public information disclosed to or learned by you concerning our business and/or operations, computer hardware and software and other information technology; specifications, processes, procedures and manuals; marketing/business/financial data, information and plans; and information and/or data regarding Customers.

Use of Confidential Information

Confidential Information shall be used solely for the purpose of providing Services to Customers and in performance of this Agreement. You shall treat Confidential Information that you receive or learn of with the same level of care against unauthorized disclosure as you treat like information of your own, and in all events at least with reasonable care against unauthorized disclosure.

Non-Use/Disclosure of Confidential Information

Confidential Information shall be received by you in confidence and not disclosed to any person or entity or used by you for any purpose except as expressly permitted in this Agreement without our written consent; provided, however, that you may disclose Confidential Information to those of your employees or advisors who have a need to know such information, subject to all the terms of this Agreement.

Indemnity

As a Supplier with MLC you agree not to hold MLC, its employees, Customers, partners and/or affiliates liable for any injuries suffered by you or your movers while providing Services. Supplier agrees that you cannot hold MLC, or its employees responsible for any loss or damages you may incur while providing Services for a Customer on behalf of MLC, or any third party services advertised.

Modifications to Agreement

MLC reserves the right to update, change, and modify these terms at any time. Modified terms will be made effective as soon as they are posted. You will be required to accept the modified terms before accessing the Portal.

Non-Competition

You agree not to directly or indirectly compete with the business of MLC and its successors for the duration that this Agreement remains in effect and for a period of (2) two years following termination of this Agreement, notwithstanding the cause or reason for termination.

The term "not compete" as used herein shall mean that you will not directly or indirectly provide Services for any Customer, client or contract, originally produced by MLC unless the Services are performed as necessary functions of the Supplier relationship. Per our Customer Retention Policy, Customers requiring additional Services beyond the initial reservation must be referred back to MLC to arrange those Services. You are free to provide Services in your established local area so long as the Customer has no existing relationship with MLC.

You acknowledge that MLC shall, or may, in reliance of this Agreement, provide you and your employees access to trade secrets, Customers and other confidential data and good will. You agree to retain said information as confidential and not to use said information on his or her own behalf or disclose information to any third party.

Workers' Compensation

MLC does not require you to maintain Workers' Compensation (“WC”) coverage to be approved or maintain active Supplier status and provide Services for MLC. Although MLC does not require you to maintain WC, you may be legally required to do so by your state. MLC assumes that, if WC is legally required by your state, that you maintain such coverage to meet the requirement. MLC recommends that you maintain and carry sufficient coverage to protect you and your employees from injury and your business from exposure to such liability. You hereby acknowledge that you are solely responsible for any injuries to your employees, subcontractors, owners, affiliates or partners that occur while providing Services for MLC. Under no circumstances is MLC, our employees, partners, or any Customer of MLC in which Services are being provided for, liable for any injuries to those performing Services on behalf of you, the Supplier.

Criminal Records & Background Checks

You agree that you have not been convicted of any federal, state, or foreign criminal activity that has not otherwise been disclosed to us through an approved background check. For Suppliers that are not required to submit a background check, you agree that you have not been convicted of any crime detailed under 'Immediate Disqualification'. False representation regarding these issues may result in immediate removal from the MLC marketplace and criminal charges. MLC maintains the right to run background checks on any/all of Suppliers and employees of companies listed on our website.

You agree to notify MLC immediately of any new criminal convictions. MLC may require a new background check to be submitted or the disqualification of the Supplier depending on the criminal conviction.

Drug and Alcohol

As a Supplier with MLC, you agree that you and your employees will be free of any alcohol or drugs while performing Services for a Customer.

Entire Agreement

This Agreement and its Terms and Conditions are the entire Agreement between you and us regarding the Website, your access to and/or use of the Portal, Services that you provide to Customers, and the Supplier Program. If there shall be any contradiction or inconsistency between this Agreement and its Terms and Conditions and any other Agreement between you and us, this Agreement and its Terms and Conditions will control with regard to all Services you provide to Customers.

Other Terms

This Agreement and your use of the Supplier Portal of the Website is governed by and construed in accordance with the laws of the United States and the State of Florida, excluding conflict of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision and the rest of this Agreement shall be enforced to the maximum extent permissible. If a dispute or issue between us cannot be arbitrated for any reason, any resulting cause of action with respect to us or this Agreement must be instituted within one year after the claim or cause of action arises or be barred forever, and must be brought in a court of competent jurisdiction within Hillsborough County, Florida. In no event will MLC be liable to you for any special, incidental, indirect or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of data or any other pecuniary loss). This Agreement may not be changed or modified without the written consent of MLC. No course of conduct between the parties, trade practice or any oral representations, statements or promises shall act to modify any of these of the Terms and Conditions of this Agreement. The failure of MLC to exercise or enforce any right or provision of this Agreement or the Terms and Conditions shall not constitute a waiver of such right or provision. In any dispute between MLC and you relating to this Agreement, the Terms and Conditions, the Website, the Supplier Portal or Services you provide to Customers, the prevailing party will be entitled to attorneys' fees, costs and expenses. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

Copyright and Trademark Notices

Unless otherwise indicated, this Agreement and all content provided by MLC are copyright © 2009 WBJ & Associates, LLC dba MovingLabor.com. All rights reserved.

"MLC" 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 WBJ & Associates, LLC 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. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MLC. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.

Digital Millennium Copyright Act (DMCA)

If at any time while browsing or using the MLC Website you believe that your information is being misused, improperly displayed, or misrepresented creating copyright infringement, or in blatant violation with your personal rights, please contact MLC immediately at:

Email: vendor@movinglabor.com
Fax: (888) 901-4464
Phone: (888) 354-8303
Mail: 7402 N 56th St, Ste 345, Tampa FL 33617

To help us resolve the issue, please provide us with the necessary information:

  • The material in question, and enough information for us to locate it. Such as a URL, or description of how and where it was viewed by you
  • A statement by you providing substantial reasoning, belief, or evidence that the material is in violation of its creator, rightful owner, or the law
  • A statement by you certifying under penalty of perjury that the above information you provided is accurate, and that you are either the rightful owner or acting out of the best interest of the rightful owner, of the material in question
  • Your name, address, telephone number, and signature. If after proper investigation the material or person in question is found to be in violation, MLC will remove the material and reserves the right to take further action against its creator, such as removing the account from our website, by the steps necessary in the Digital Millennium Copyright Act (DMCA)

Privacy Policy

This privacy statement ("Privacy Policy") covers the website www.elitemovinglabor.com, www.movinglabor.com and all variations, including Portal access, sub-domains and similar (“Websites”), owned and operated by WBJ & Associates, LLC dba MovingLabor.com ("MLC", "we", "us", "our"). MLC knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the our Websites, submitting information or using any of our services, you are accepting the practices outlined in this Privacy Policy.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers MLC's treatment of personal information that MLC gathers when you are on our Websites. Also, this Privacy Policy covers MLC's treatment of any personal information that MLC's business partners, and/or affiliates, and/or Suppliers share with MLC. This policy does not apply to the practices of third parties that MLC does not own or control, or to individuals that MLC does not employ or manage.

WHAT PERSONAL INFORMATION ABOUT USERS DOES MLC COLLECT?

Our primary goal in collecting personal information is to personalize and improve our service. We collect the following types of information from our users:

A) INFORMATION YOU PROVIDE TO US

We may receive and store any information you enter on our Websites or provide to us in any other way. This includes all details related to your Supplier Account, including contact information, banking information, in the event that you elect to use of our direct deposit payment feature, insurance and licensing information, and similar details.

You may elect not to provide us with certain information, but doing so will make you ineligible for the MLC Supplier Program. For new applicants this will result in your application being denied. For active Suppliers, this will result in a change to your account Status and the Termination of your account. The information you provide is necessary to ensure your compliance with the MLC Supplier Agreement.

If approved as a Supplier, MLC may publicly display some of your information as it pertains to a public profile for your company. This may include, but is not limited to, any of the information available to us in your Supplier Profile. We may elect to disclose information about your credentials, insurance, licensing, service area and similar.

B) AUTOMATIC INFORMATION

We may receive and store certain types of information whenever you interact with us. MLC may automatically receive and record certain "traffic data" on our server logs from your browser including your IP address, cookie information, and the page you requested. MLC uses this traffic data to help diagnose problems with its server, analyze trends and administer our Websites. MLC reserves the right to log this information in our databases. We also reserve the right to disclose any information to the extent required by law, if, to provide information necessary for any claims any person or entity may take against another user, to enforce the TOS, or to protect the rights of MLC or Users' personal rights.

Generally, our service may automatically collect usage information, such as the numbers and frequency of visitors to our Websites and its components. This data is only used in the aggregate, that is, as a statistical measure, and not in a manner that would identify you personally. This type of collective data enables us to figure out how often users use parts of our Websites, so we can make our Websites appealing to as many users as possible.

Many companies offer programs that help you to visit websites anonymously. While MLC will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.

C) E-MAIL COMMUNICATIONS

We may receive a confirmation when you open an e-mail from MLC if your computer supports this type of program, in order to help us make e-mails more interesting and helpful. As a Supplier or applicant of the MLC Supplier Program, you may not opt-out of email communication. Emails sent by MLC are necessary components of communication for our Suppliers.

WHAT ABOUT COOKIES?

Cookies are alphanumeric identifiers that we may transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our Websites are visited and by how many people. MLC cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your email address is.

The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of MLC's most attractive features.

Some of our business partners (for example, web analytics services) may use cookies on our Websites. However, we have no access to or control over these cookies.

WILL MLC SHARE ANY OF THE INFORMATION IT RECEIVES?

We neither rent nor sell your personal information to anyone. Your banking and other payment related information are never shared with any third party (excepting our personnel and agents as set forth below). Subject to the aforementioned privacy of your payment related information, we share your personal information only with your consent or as described below:

Personnel
Our personnel (including, for the avoidance of doubt, consultants and/or contractors) may have access to user information while carrying out their duties in the normal course of our company business.

Agents
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide services to you.

Protection of MLC and Others
We may release personal information when we believe in good faith that release is necessary to comply with the law; enforce or apply our Terms and Conditions and other agreements; respond to claims of a violation of the rights of third parties; respond to user service inquiries; or protect the rights, property, or safety of MLC, our employees, partners, our users, or others.

IS INFORMATION ABOUT ME SECURE?

Your MLC account information is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.

We use industry-standard Secure Socket Layer (SSL) software to protect the security of your personal information during transmission, which encrypts all of the information you input. Only MLC personnel/agents who need personal information to perform a specific job (for example, a Customer Support representative) are granted access to it. All of our personnel/agents are kept up to date on our privacy and security practices. Your banking and other payment information is encrypted using Triple DES encryption and standard 256-bit SSL for traffic encryption.

WHAT CHOICES DO I HAVE?

As stated previously, you can always opt not to disclose information, but then you may be subject to Termination from the MLC Supplier Program. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of our Websites, and you are responsible for reviewing such legal notices for changes.

As explained earlier, the "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Please note, however, that if your browser does not accept cookies, you will not be able to take advantage of some of our attractive features.

CONDITIONS OF USE

If you decide to visit the our Websites, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including limitations on damages, arbitration of disputes, and application of Florida state law.

THIRD PARTY WEBSITES

Our Websites may permit you to link to other websites on the Internet, and other websites may contain links to our Websites. These other websites are not under MLC control. The privacy and security practices of websites linked to or from the MLC website are not covered by this Privacy Policy, and MLC is not responsible for the privacy or security practices or the content of such websites.

CHANGES TO THIS PRIVACY POLICY

MLC may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on our Websites so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding privacy of our Websites, please send a detailed message to vendor@movinglabor.com. Your privacy is important to us and we will make every effort to resolve your concerns.

EFFECTIVE DATE OF THIS PRIVACY POLICY

This Privacy Policy is effective as of 9/25/2015.

Last edited on Friday, October 19, 2018