Terms and Conditions

Last Updated: January 28, 2025

Introduction

Welcome to My1099 Hire. These Terms and Conditions govern the relationship between My1099 Hire, the Professionals, and the Companies using our platform. By accessing or using our services, you agree to comply with the terms outlined below.


1. Nature of Services

1.1 Intermediary Role

My1099 Hire serves solely as a platform connecting Professionals with Companies. My1099 Hire does not supervise, direct, or control the work performed by Professionals and does not guarantee the performance or outcomes of the services provided.

1.2 Independent Contractor Relationship

Professionals engaged through My1099 Hire are independent contractors, not employees, agents, or representatives of My1099 Hire.


2. Responsibilities of Professionals and Companies

2.1 Professionals’ Responsibilities

  • Maintain professional licenses, certifications, and insurance while complying with all applicable laws and regulations.
  • Accurately represent qualifications, skills, and abilities.

2.2 Companies’ Responsibilities

  • Ensure that Professionals are suitable for their needs.
  • Provide a safe and lawful work environment, where applicable.

3. Compensation

3.1 Payment Terms

Professionals will be compensated as agreed upon between the Professional and the Company. Payment terms, including timelines and invoicing, are subject to mutual agreement.

3.2 Expenses

Unless otherwise agreed in writing, Professionals are responsible for all expenses incurred while performing services.

3.3 No Withholding

The Company does not withhold taxes or deductions from payments made to Professionals. Professionals are solely responsible for all applicable taxes.


4. Limitation of Liability

4.1 No Guarantee of Work or Service

My1099 Hire does not guarantee the availability, quality, or success of services provided by Professionals or the continuation of engagements between Companies and Professionals.

4.2 Waiver of Liability

To the fullest extent permitted by law, My1099 Hire is not liable for any:

  • Services performed by Professionals.
  • Actions or omissions of Professionals or Companies.
  • Injuries, accidents, deaths, or damages during service provision.

4.3 Third-Party Disputes

My1099 Hire is not a party to any agreement between Professionals and Companies. Any disputes must be resolved between the involved parties.


5. Confidentiality

5.1 Confidential Information

Professionals and Companies may access confidential information belonging to each other or My1099 Hire. All parties agree to not disclose such information without written consent.

5.2 Non-Disclosure

This confidentiality obligation continues even after termination of the relationship with My1099 Hire.


6. Intellectual Property

6.1 Ownership

Any work created by Professionals in the course of providing services shall remain their property, unless otherwise agreed upon in writing.

6.2 License

Professionals grant Companies a perpetual, irrevocable, royalty-free license to use any pre-existing intellectual property incorporated into the deliverables.


7. Indemnification

You agree to indemnify, defend, and hold harmless My1099 Hire and its affiliates from any claims, damages, or liabilities arising from:

  • Your use of My1099 Hire services.
  • Breach of this Agreement.
  • Legal claims related to services provided or received.

8. Dispute Resolution

8.1 Mediation/Arbitration Clause

The dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Healthcare Payor Provider Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Healthcare Payor Provider Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

8.2 Governing Law & Venue

The arbitration shall be conducted in your State/City, and the substantive laws of the State of (Your State) shall govern, without regard to conflict-of-law principles.

8.3 Arbitrator Selection & Rules

Arbitration shall be presided over by one neutral arbitrator selected in accordance with the AAA rules. The arbitrator shall have the authority to grant any relief available under applicable law, including damages and injunctive relief.

8.4 Costs & Fees

Each party shall bear its own costs, attorneys' fees, and expenses, except as otherwise provided by applicable law or AAA rules. The arbitration filing fees and arbitrator’s compensation shall be split equally between the parties unless otherwise required by AAA rules or determined by the arbitrator.

8.5 No Class Actions

The parties agree that any arbitration shall be conducted solely on an individual basis and not as a class, collective, or representative action. The arbitrator shall not have the authority to hear or resolve any class, collective, or representative claims.

8.6 Confidentiality

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. 

8.7 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use or disclosure of confidential information or trade secrets.

8.8 Final & Binding Decision

The arbitrator’s decision shall be final and binding on all parties and may be enforced in any court of competent jurisdiction.


9. Termination

9.1 Termination by Either Party

Any party (My1099 Hire, Professionals, or Companies) may terminate the relationship with 14 days written notice.

9.2 Immediate Termination

My1099 Hire reserves the right to immediately terminate any engagement for breach of terms, misconduct, or failure to perform services.

9.3 Obligations Upon Termination

Upon termination, Professionals and Companies must:

  • Return any property belonging to each other or My1099 Hire.
  • Deliver all completed or partially completed work.

10. Governing Law

This Agreement is governed by and construed in accordance with the laws of the American Arbitration Association (AAA).


11. Modification of Terms

My1099 Hire reserves the right to amend these Terms at any time. Continued use of My1099 Hire services constitutes acceptance of updated terms.


12. Acknowledgment

By using My1099 Hire services, you acknowledge that:

  • You have read and understood this Agreement.
  • You agree to the terms set forth.

13. Contact Information

For questions or concerns