Independent Contractor Agreement
Please read this independent contractor agreement carefully before completing the online application that follows. This agreement sets forth the terms and conditions of your relationship with BuyOlogy, LLC (hereinafter referred to as "BuyOlogy").
1. Individuals (hereafter "evaluators" or "evaluator") who accept assignments from BuyOlogy, are independent contractors and are NOT employees or agents of BuyOlogy, LLC, and BuyOlogy is not your employer. BuyOlogy may request your services from time to time on an assignment basis.
2. BuyOlogy will not withhold income, social security, or any other taxes from any compensation you are due or may receive from BuyOlogy, and BuyOlogy will not pay any other taxes on your behalf. You are solely responsible for any taxes due from any compensation you receive from BuyOlogy, LLC.
3. A scheduling representative from BuyOlogy, LLC may contact you to offer mystery shopping or other assignments. You are under no obligation to accept any assignments offered and BuyOlogy is under no obligation to provide you with any assignments.
4. The compensation for each assignment offered by BuyOlogy is clearly stated during the scheduling and confirmation process. In addition to compensation, there may be other considerations offered with specific assignments that hold value for you.
5. BuyOlogy's clients sometimes require shoppers to make out-of-pocket purchases. Shoppers are reimbursed for such purchases, up to the maximum limit as set forth in the scheduling and confirmation process. All reimbursements require a valid, accurate receipt, and the shopper understands that reimbursement may be withheld if such a receipt is not provided to BuyOlogy.
6. The guidelines set forth by BuyOlogy for each assignment pertain only to the data or other information requested by our clients, and not to the specifics of how you conduct the assignment. Evaluators will only be paid upon BuyOlogy receiving the mystery shop evaluation or other information within the time frame specified and agreed upon, and per the guidelines as set forth by our clients. If any evaluation or other information relevant to an assignment is not received within the timeframe or per the client's guidelines, the evaluator understands that they may not be paid for that assignment.
7. Periodically, evaluators are asked to put themselves or their property in situations from which a dispute may result, for example: an auto repair that may have not been done correctly, body damage to one's car in a parking lot, a bad haircut, food poisoning, etc. These random, unforeseeable situations are very rare, but even when they occur in connection with an evaluation, they are not BuyOlogy's fault or responsibility. Your recourse is to contact the establishment (only after you receive permission from us) to resolve the issue just as you would with any other consumer complaint. We will attempt to assist you as well. Ultimately, as an independent contractor, the risk you undertake is your own. You should contact your insurance company with any questions or claims.
8. If an evaluation involves the drinking of alcohol, you may refuse the assignment. If you accept an evaluation that requires the drinking of alcohol, you must either take a designated driver with you and/or minimize your intake so that you can be sure of driving legally and safely. As an auditor under contract, it is YOUR responsibility to ensure that you do not drive while impaired.
9. As an independent contractor, you are solely responsible for having your own insurance for whatever type of activity you might be involved with while shopping. This includes but is not limited to vehicle insurance, health insurance, etc.
10. Payments for assignments completed successfully will only be made via mobile money transfer services. No checks or other methods of payment will be issued. It is the independent contractor's responsibility to review all money transfer guidelines and establish their own account before accepting assignments from BuyOlogy. BuyOlogy in no way assumes any liability for any obligations of the money transfer service.
11. Payments will be issued per the guidelines for that assignment and as listed in the FAQ's on our website. BuyOlogy reserves the right to revise this schedule at its discretion.
12. You are not to duplicate or disseminate any of BuyOlogy, LLC's materials, or any part thereof, in any way or form, without prior written consent of BuyOlogy.
13. The Shopper understands that the profile information provided to BuyOlogy, LLC will be used to determine Shopper's eligibility for consideration for mystery shopping assignments. Failure to provide accurate, complete information on this application form constitutes fraud, which may cause harm to BuyOlogy and/or its clients and for which BuyOlogy will pursue all appropriate and available legal remedies.
14. If you are a current or ex-employee, or a friend or an immediate family member of a current or ex-employee of any BuyOlogy client or our client's competitors, you agree not to accept any mystery shopping or other assignments, or read, disseminate, copy, or reproduce any information about any BuyOlogy clients in any manner whatsoever.
15. If you are an employee or representative of another mystery shopping services provider, other than as a mystery shopper, you are required to disclose that information to BuyOlogy upon submitting your shopper application, as well as prior to accepting ANY assignment from BuyOlogy.
16. The evaluator agrees never to: (1) disclose the names and/or locations of BuyOlogy clients to anyone; (2) convey the results of their findings with anyone other than BuyOlogy; (3) contact BuyOlogy's client's management or other personnel in regard to the assignment (unless expressly authorized to do so in writing by BuyOlogy); (4) use any of BuyOlogy's or its clients' information or materials for purposes other than the agreed-upon assignment. Completed reports and other information gathered during an assignment are for the exclusive use and knowledge of BuyOlogy. All questionnaires, forms and other materials are copyrighted and remain the exclusive property of BuyOlogy and/or its clients.
17. BuyOlogy, LLC is not liable for any accidents, injuries, losses, legal liabilities, physical actions, or other negative occurrences to the evaluator before, during or after the evaluation or when visiting a client's location, and/or utilizing a client's product or service. Furthermore, the evaluator agrees to indemnify and hold harmless and make no claim against BuyOlogy, its employees, agents or other representatives, and its clients, relative to any claim, which arises from evaluator's conduct.
18. In the event you are unable to perform an accepted assignment, you agree to notify BuyOlogy promptly by phone and email so that the assignment can be offered to another evaluator.
19. I understand that by having clicked the "I Agree" below, I am expressing my interest in participating in assignments from BuyOlogy as an independent contractor, and not as an employee or agent of BuyOlogy in any way. If my services are retained, I will be solely responsible for reporting all income received from BuyOlogy, LLC, and for paying all pertinent taxes, and/or assessments levied by governmental authorities, as well as all other pertinent liabilities or payments. I understand that during my participation in the assignment(s), I will remain free to perform services for any other person or business, so long as I abide by the terms and conditions stated herein. I also understand that my participation is not guaranteed, that BuyOlogy may discontinue my services at any time and for any reason with notice it deems appropriate. I am free to cancel assignments I have accepted, per the terms stated herein. I certify that all information given on the evaluator application during profile creation is complete, accurate and true, and that any falsification of information on this questionnaire and/or failure to supply requested information will result in disqualification from the program. Where falsified information causes harm to BuyOlogy and/or its clients BuyOlogy will pursue all appropriate and available legal remedies.
20. Your information will be used by Buyology and its representatives and will not be shared with anyone else.