Independent contractor agreement

Purpose
Our Independent Contractor Agreement below outlines the terms and conditions and highlights the protections between us and our independent contractors. By applying to be one of our Cleaners, you agree to these terms.
independent contractor agreement:
Eco Pros AYS – Cleaner Terms of Service (Independent Contractor Agreement)
Effective Date: Upon signup, submission of W-9, or acceptance of any job offer from Eco Pros AYS (“the Company”).
These Terms of Service (“Terms”) constitute a binding agreement between you (“Cleaner,” “Contractor,” or “You”) and Eco Pros AYS, a New Mexico-based service platform (“Eco Pros AYS,” “We,” “Us,” or “The Company”). By applying, joining, accepting a job, participating in company communications, or receiving payment , You acknowledge that You have read, understood, and agreed to these Terms.
1. Independent Contractor Status
1.1 You are an independent contractor, not an employee, partner, franchisee, or agent of Eco Pros AYS.
1.2 These Terms do not create an employment relationship of any kind.
1.3 You are solely responsible for:
- Your own taxes
- Your own insurance
- Your own transportation and equipment
- Your own compliance with federal, state, and local regulations
1.4 Eco Pros AYS does not provide benefits, guaranteed hours, or guaranteed job offers.
2. Eligibility Requirements
To provide services through Eco Pros AYS, you must:
- Be legally eligible to work in the United States
- Submit a valid W-9
- Pass identity verification
- Maintain active liability insurance (proof required)
- Own or have access to working cleaning supplies unless otherwise stated
- Have a smartphone capable of receiving communication and instructions
- Maintain reliable transportation
3. Background Screening & Ongoing Eligibility
To help protect clients and maintain platform safety, Eco Pros AYS (“Company”) requires all independent contractors (“Contractors”) to complete a third-party background check before becoming eligible to receive job offers through the platform.
3.1 Initial Background Check. Before accepting any job offers, Contractor must successfully complete a background check through Company’s approved screening provider. Contractor authorizes Company to submit Contractor’s name and contact information to the screening provider for this purpose.
3.2 Annual Re-Check. To remain active and eligible for job assignments, Contractor must complete a renewal background check each January, regardless of initial onboarding date. Contractors who do not complete the required annual background check by the stated deadline may be temporarily suspended from receiving job offers until compliance is met.
3.3 Fees Paid to Screening Provider. Contractor acknowledges that any background check fee is charged and collected directly by the third-party screening provider, not by Company. The fee amount is set by the provider and may vary based on the package selected and any applicable government or court access fees. Company does not mark up, retain, or profit from these fees.
3.4 No Guarantee of Work. Completion of a background check, payment of any associated fees, and/or approval as “eligible” on the platform does not guarantee Contractor any minimum number of job offers, hours, or earnings. Job referrals are based on client demand, location, and Company’s business needs.
3.5 Discretionary Eligibility. Company reserves the right, in its sole discretion and consistent with applicable law, to determine whether the results of a background check meet Company’s safety and eligibility standards and to deny or discontinue referrals if those standards are not satisfied.
3.6 Insurance Requirement. All contractors are required to maintain their own general liability insurance and provide proof of coverage before accepting client referrals. Eco Pros AYS strongly recommends maintaining continuous coverage while working with any clients.
4. Assignment of Jobs
4.1 Jobs are offered based on availability, performance, acceptance rate, timeliness, reliability, and customer satisfaction.
4.2 Eco Pros AYS reserves the right to:
- Prioritize Cleaners with higher ratings and better attendance
- Offer fewer jobs to Cleaners with lower reliability
- Remove a Cleaner from the job rotation or group chat at any time
4.3 No Cleaner is guaranteed job offers or minimum income.
5. Pay and Payment Structure
5.1 Cleaner payout formula. For each completed Job, Cleaner’s payout is calculated as:
Standard payout for completed jobs
Cleaner payout = the greater of (25% of the Service Fee) or $30.00
Payout when the Cleaner cancels
If a Cleaner cancels a job they have accepted:
- Safety / serious emergency (approved)
- If the Cleaner cancels due to a verified safety concern or serious emergency,
and notifies Eco Pros promptly and cooperates with notes/rescheduling,
→ Cleaner payout = 12% of the Service Fee as schedule protection pay.
- If the Cleaner cancels due to a verified safety concern or serious emergency,
- Personal / avoidable cancellations, no-shows, or refusals
- If the Cleaner cancels for non-emergency or personal reasons,
- or no-shows, arrives extremely late without notice,
- or refuses the job at the door without a valid safety reason,
→ Cleaner payout = 0% of the Service Fee.
Schedule protection limits:
Safety/emergency schedule protection pay is intended for rare, good-faith situations. If a Cleaner uses safety or emergency cancellations too often or as a pattern, Eco Pros may reduce or stop schedule protection pay for those shifts (payout becomes 0%) and/or pause or end future assignments.Payout when the client cancels late
If a client cancels within Eco Pros’ late-cancellation window and the Cleaner has already accepted the job and kept that time available:
- Cleaner payout = 12% of the Service Fee as schedule protection pay.
If a client cancels outside the late-cancellation window, no payout is owed for that job.
Tips
- Tips are paid on completed jobs only and are not included in schedule protection pay.
- Tips are not refundable to clients and are not owed on canceled or unworked jobs.
“Service Fee” means the cleaning labor charges actually collected from the client for that Job before taxes and third-party payment processing fees. Service Fee does not include taxes (such as gross receipts tax), late fees, cancellation fees, or other administrative charges retained by the Company.
5.2 Payments. Payments to Cleaner are made by ACH transfer through the Company’s payment platforms (currently Relay and/or Wave, or another similar platform of the Company’s choosing). Cleaner must provide accurate bank account and routing information in order to receive payment. Once a payout is processed, funds are typically deposited within two (2) business days, depending on the Cleaner’s bank.
5.3 Tax Reporting. Cleaner is solely responsible for reporting and paying any federal, state, or local taxes on amounts paid to Cleaner under this Agreement, including income and self-employment taxes to the IRS.
5.4 Payment timing and delays. Payouts may be delayed due to payment processing times, holds by the payment processor, bank delays, or system issues.
5.5 Third-party processors. Cleaner agrees that Eco Pros AYS is not liable for delays, errors, or losses caused by third-party payment apps, banks or processors.
5.6 Tips. Any voluntary gratuities or tips that a client designates for Cleaner will be passed through 100% to Cleaner where permitted by the payment platform. tips are not guaranteed and are not included in the Service Fee for purposes of calculating the 25% payout.
6. Performance Standards
Cleaners must maintain all of the following:
✔ Professionalism at all times
✔ Arriving on time
✔ Accurate communication
✔ Following job notes and client requests
✔ Completing tasks to a high standard
✔ Respect for client property
Failure to meet performance requirements may result in reduced job offers, temporary suspension, or permanent removal.
7. Grounds for Automatic Removal
Cleaners may be suspended or removed immediately for:
- Repeated lateness
- No-shows
- Unapproved cancellations
- Consistently low customer ratings
- Complaints of unprofessional behavior
- Property damage
- Theft or suspicion of theft
- Harassment or inappropriate conduct
- Falsifying hours, photos, or job completion
- Refusing required documentation
- Giving contractual disputes to clients directly
Eco Pros AYS may remove a Cleaner with or without notice.
8. Job Adjustments and Condition Reporting
8.1 Cleaners must report any of the following before starting a job:
- Excessive dirtiness
- Safety hazards
- Presence of pets not mentioned
- Larger square footage than listed
- Damage or issues requiring documentation
8.2 Cleaners must take photos before and after every job.
8.3 If the home is significantly dirtier or larger than described, Cleaners must notify the Company.
8.4 Eco Pros AYS will communicate price adjustments to clients. Cleaners cannot negotiate directly with customers.
9. Equipment and Supplies
Unless otherwise stated:
- Cleaners must provide their own tools and supplies
- Cleaners agree to use eco-conscious products when requested
- Equipment must be safe, maintained, and compliant with local regulations
10. Safety & Liability
10.1 Cleaners assume all risk related to cleaning work.
10.2 Cleaners understand that cleaning involves physical labor and potential hazards.
10.3 Eco Pros AYS is not liable for:
- Injuries sustained while working
- Damage caused by the Cleaner
- Lost, stolen, or broken property
- Accidents occurring at job sites
10.4 Cleaners agree to indemnify (protect and hold harmless) Eco Pros AYS against any claims, damages, or losses that result from their actions.
11. Communication Requirements
Cleaners must:
- Respond promptly to job offers
- Notify the Company immediately of lateness or emergencies
- Use designated communication channels
Failure to maintain communication may result in reduced job priority.
12. Confidentiality & Privacy
Cleaners agree not to share:
- Client personal information
- Client addresses
- Photos of homes (unless required for job documentation)
- Company internal processes
- Group chat messages
- Pricing structures
Violation may lead to permanent removal.
13. Non-Solicitation
Cleaners may not:
- Take clients away from Eco Pros AYS
- Offer private services to Eco Pros clients
- Exchange personal numbers with clients
- Market themselves during a job
Violating this results in immediate dismissal and potential legal action.
14. Termination
Eco Pros AYS may terminate your access to the platform at any time, with or without cause.
You may stop accepting jobs at any time.
15. Dispute Resolution
15.1 Any disputes must be submitted in writing.
15.2 Cleaners agree to resolve disputes through binding arbitration, not through court or class action lawsuits.
15.3 Cleaners waive the right to participate in class or collective actions.
16. Acceptance of Terms
By signing up, submitting a W-9, accepting a job, or receiving payment from Eco Pros AYS, you acknowledge:
✔ You have read these Terms
✔ You understand these Terms
✔ You agree to comply with these Terms
✔ This agreement is binding without a physical signature
17. Changes to Terms
Eco Pros AYS may update, modify, or replace these Terms at any time. Changes will be communicated via email, text, or posting on the website. Continued use of the platform, acceptance of job offers, or performance of services after changes have been published constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue accepting or performing jobs.
18. Governing law
This Agreement shall be governed by and interpreted under the laws of the State of New Mexico, without regard to conflict-of-law principles.
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Eco Pros AYS welcomes your questions or comments regarding the Agreement Terms:
Eco Pros AYS, LLC
Email: info@ecoprosays.com
Office number: (505) 358-4962
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