If Client and Developer enter into an Hourly Contract, if Client makes a bonus or expense payment to Developer, or if you use Optimhire.com Payroll, this Hourly, Bonus, and Expense Payment Agreement with Deposit Instructions (“Agreement”) applies.
To the extent permitted by applicable law, we may modify this Agreement, and the Deposit Instructions it contains, without prior notice to you, and any revisions to the Agreement will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates.
This Agreement hereby incorporates by reference the Terms of Service. Capitalized terms not defined in this Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.
1. DIGITAL SIGNATURE
By clicking to accept an Hourly Contract or make a bonus payment, Client and Developer are deemed to have executed this Agreement electronically, effective on the date Developer clicks to accept an Hourly Contract, pursuant to California Civil Code section 1633.8 and the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001, et seq., as amended from time to time (the “E-Sign Act”). Doing so constitutes an acknowledgment that you are able to electronically receive, download, and print this Agreement.
2. MAKING OR RECEIVING AN HOURLY PAYMENT
2.1 WEEKLY HOURLY INVOICES
For Hourly Contracts, the weekly billing cycle starts Monday at 00:00 midnight UTC and ends Sunday at 23:59 UTC. Invoices for hours recorded on Optimhire.com in the Work Diary are generated each Monday following the week in which the hours were billed (the “Hourly Invoice Deadline”). Developer irrevocably authorizes and instructs Optimhire.com, as its agent, too (i) create an invoice on behalf of Developer for payment due based upon the hours that the Developer recorded in the Work Diary before the Hourly Invoice Deadline (such invoice, the “Hourly Invoice”); and (ii) submit the Hourly Invoice on behalf of Developer to Developer’s Client for payment. For the avoidance of doubt, the “Work Diary” is the section Optimhire.com where hours can be recorded on an Hourly Contract.
By recording time in the Work Diary and allowing an Hourly Invoice to be created based on the time recorded, Developer represents and warrants that (y) Developer has completed the applicable Developer Services fully and satisfactorily; and (z) the hours Developer reports are true, accurate, and complete.
2.2 HOURLY INVOICE REVIEW
The client must review and approve or dispute the Hourly Invoice by 11:59 PM UTC of the Friday following submission of the Hourly Invoice. Payments will be held during the Dispute Period (defined below), providing four additional days to review and dispute the invoice before funds are released. During the Dispute Period, the Client may initiate a Dispute as to some or all of the time invoiced on the Hourly Invoice.
On the Friday of the week following submission of the Hourly Invoice, the Client will be deemed to have approved all undisputed amounts on the Hourly Invoice, and irrevocably instructed Optimhire.com’s Affiliate, Optimhire.com Inc. (“Optimhire.com“), to release funds as described in this Agreement.
Notwithstanding the foregoing, all hours recorded and submitted by Payroll Employee on the Optimhire.com website will be deemed approved by Client automatically, and Client authorizes and irrevocably instructs Optimhire.com to release payments for those hours to be paid to the Staffing Provider by Client’s account each Monday following the week in which the hours were worked. The client may not reject time or file a Dispute for Payroll Employee time worked.
3. MAKING OR RECEIVING A BONUS OR EXPENSE PAYMENT
The client may also make a bonus, tip, expense, or other miscellaneous payment to the Developer using the Site. To make such a payment to a Developer, the Client must follow the instructions and links on the Site and provide the information requested. If Client clicks to pay such payment to Developer, Client irrevocably instructs Optimhire.com to and Optimhire.com will release funds as described in this Agreement.
4. INSTRUCTIONS TO PAY IRREVOCABLE
The client’s instruction to Optimhire.com and its wholly-owned subsidiaries to pay a Developer is irrevocable. Such instruction is the Client’s authorization to transfer funds to Developer from the Client Account or authorization to charge Client’s Payment Method. Such instruction is also the Client’s representation that Client has received, inspected, and accepted the subject work or expense. The client acknowledges and agrees that upon receipt of the Client’s instruction to pay Developer, Optimhire.com will transfer funds to the Developer and that Optimhire.com, Optimhire.com, and other Affiliates have no responsibility to and may not be able to recover such funds. Therefore, and in consideration of services described in this Agreement, Client agrees that once Optimhire.com or its subsidiary has charged Client’s Payment Method, the charge is non-refundable.
5. RELEASE AND DELIVERY OF AMOUNTS
In addition, Optimhire.com is authorized to and will release applicable portions of the Client Account (each portion, a “Release”) to the Developer Account, upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise required by applicable law or the Terms of Service. The amount of the Release will be delivered to the Developer Account, in accordance with Developer’s and Client’s instructions, as applicable, these Instructions, and the other Terms of Service.
5.1 RELEASE CONDITIONS
As used in these Instructions, “Release Condition” means any of the following:
Client and Developer have submitted joint written instructions for a Release.
The client has approved all or a portion of the Developer’s Hourly Invoice. This Release Condition will only apply to amounts invoiced by the Developer that the Client has approved. Client’s failure to dispute an Hourly Invoice, or a portion of an Hourly Invoice, within the Dispute Period pursuant to this Agreement, or as otherwise provided in the Instructions, constitutes approval by the Client for purposes of this Release Condition.
The developer is a Payroll Employee and has submitted an Hourly Invoice under a Services Contract that involves the use of Optimhire.com Payroll.
Optimhire.com reviews Client’s dispute of amounts invoiced on Developer’s Hourly Invoice for an Hourly Contract with Work Diaries pursuant to this Agreement and determines that the time is related to the Hourly Contract requirements or Client’s instructions.
The client initiates a Dispute with respect to the Developer’s Hourly Invoice for an Hourly Contract without Work Diaries pursuant to this Agreement and the Client and Developer resolve the dispute without the assistance of Optimhire.com.
Issuance of a final order of a court or arbitrator of competent jurisdiction from which appeal is not taken, in which case the funds will be released in accordance with such order.
We believe, in our sole discretion, that fraud, an illegal act, or a violation of Optimhire.com’s Terms of Service has been committed or is being committed or attempted, in which case Client and Developer hereby irrevocably authorize and instruct Optimhire.com to take such actions as we deem appropriate in our sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation to return the funds associated with such acts to their source of payment.
6. PAYMENT PROTECTION
Optimhire.com provides limited payment protection to Users as detailed in this Section 6 (“Hourly Payment Protection”).
6.1 FOR DEVELOPERS
In the rare event that a Developer’s Client does not make payment for legitimate services performed by a Developer, Optimhire.com will provide Hourly Payment Protection to the Developer as detailed in this Section 6.1 as a membership benefit to foster fairness, reward loyalty, and encourage the Developer to continue to use the Site Services for their business needs. Hourly Payment Protection will be offered to a Developer only if all of the following criteria are met in Optimhire.com’s sole discretion:
Both Client and Developer must have agreed to use Work Diaries upon acceptance of the Hourly Contract, as part of the terms.
Client must have an Account in good standing and a valid and verified Payment Method at the start of the Hourly Contract, and must agree to automatically pay for hours billed by Developer through Work Diaries.
Developer’s Account must be in good standing.
Developer must have used Work Diaries enabled to document any and all hours covered by the Hourly Payment Protection for Developers.
Prior to any Hourly Invoice being submitted, Developer must have annotated the screenshots documented in Work Diaries sufficient to demonstrate the work relates to the Hourly Contract.
The screenshots documented by Work Diaries must be clearly related to the applicable Hourly Contract requirements or Client instructions.
The number of hours billed in the Work Diaries must be within the hours authorized in the Hourly Contract for the week.
Within five days after notification of rejected or unpaid time, Developer must submit a Dispute specifically identifying the documented work not otherwise paid for by their Client through the Services.
Optimhire.com will investigate and determine in its sole discretion whether the above terms and conditions are met.
Hourly Payment Protection does not apply to: (a) hours invoiced for work not agreed to or authorized by Client; (b) bonus payments; (c) refunds; (d) manual time; (e) time added after Client has disputed a billing and before the resolution of that dispute; (6) Fixed-Price Contracts; (f) hours reported by Payroll Employees; (g) any payments on Hourly Contracts where the Hourly Contract or the services provided thereunder are prohibited by the Terms of Service; (h) hours billed by Developers whom Optimhire.com believes, in its sole discretion, to be aware of or complicit in another User’s violation of this Agreement or the other Terms of Service; or (i) Developers whom Optimhire.com believes, in its sole discretion, to be involved in actual fraudulent activities or abuse of this Payment Protection.
The maximum rate per hour protected by Optimhire.com to Developer under the Hourly Payment Protection for Developers is the lesser of: (i) the rate provided in the Hourly Contract terms; (ii) the usual hourly rate billed by Developer on the Site across all Clients; and (iii) the going rate for the same skills on the Site in Developer’s area (such determination to be made in Optimhire.com’s sole discretion). The maximum amount of coverage under the Hourly Payment Protection for Developers for the life of a relationship between the same Client and Developer is $2,500 or 50 hours logged in Work Diary, whichever is less.
6.2. FOR CLIENTS
Developer authorizes and instructs Optimhire.com to adjust the Hourly Invoice to remove invoiced hours that are not (a) clearly related to either the Hourly Contract terms or work agreed to by the Client, and (b) within the hours authorized in the Hourly Contract for the week, subject to and conditioned on the following terms:
Both Client and Developer must agree to use Work Diaries as part of the Hourly Contract terms.
The client must have an Account in good standing and a valid and verified default Payment Method, and the Client must agree to automatically pay for hours billed by the Developer in the Hourly Invoices. Within the Hourly Invoice Review Period, the Client must submit a Dispute specifically identifying the time billed that is not clearly related to either the Hourly Contract requirements or Client instructions in the Work Diaries.
Optimhire.com will investigate and determine in its sole discretion whether the above terms and conditions are met.
Hourly Protection for Clients only protects the Client from the obligation to pay for Developer’s work if the documented hours worked are not clearly related to the Hourly Contract requirements or Client instructions in the Work Diaries. If Client has requested that the Developer use functionality of the Site or third-party software that hides, blurs, or distorts images in the Work Diary, the screenshots will be deemed to be “clearly related” to the Hourly Contract requirements for purposes of the Client’s eligibility for Hourly Payment Protection. Hourly Payment Protection for Clients does not create any warranties, express or implied, beyond those expressly stated in the User Agreement.
Hourly Protection for Clients does not apply to: (1) Fixed-Price Contracts; (2) Hourly Contracts using Optimhire.com Payroll; or (3) hours billed by Developers who are aware of or complicit in another User’s violation of this Agreement or the Terms of Service.
7. DISPUTES BETWEEN CLIENT AND DEVELOPER
7.1 DISPUTES INITIATED VIA THE PLATFORM
For Hourly Contracts, Client may dispute Developer’s hours invoiced on the Hourly Invoice for the prior week (Sunday 12:00 a.m. midnight UTC to Sunday 11:59 p.m. UTC) during the five days following the close of the weekly invoice period (Monday 12:00 a.m. midnight UTC to Friday 11:59 p.m. UTC) (the “Dispute Period“). It is Client’s responsibility to review the Hourly Invoice of every Hourly Contract on a weekly basis and to file any disputes during the Dispute Period. Once the Dispute Period expires, Client will be deemed to have accepted the Developer Services and Developer Fees and can no longer dispute them. Disputes handled by Optimhire.com can only address the hours billed, not the quality of the Developer Services or the Work Product provided under Hourly Contracts. If Client disputes Developer’s hours invoiced in the Hourly Invoice under an Hourly Contract during the Dispute Period, Client and Developer are encouraged to resolve the dispute between themselves. If Client and Developer fail to come to a resolution, Optimhire.com will promptly investigate the Hourly Invoice and determine, at our sole discretion, whether an adjustment is appropriate consistent with Client’s and Developer’s instructions in these Instructions. Optimhire.com’s determination of such a dispute shall be final.
If the Client’s payment is unsuccessful, Optimhire.com will review the Weekly Invoice to determine if it qualifies for Hourly Payment Protection. If Optimhire.com, in its sole discretion, determines that the Weekly Invoice qualifies for Hourly Payment Protection, it will make payment to the Developer to cover the Hourly Invoice on behalf of the Client. In the event that Optimhire.com makes payment on behalf of the Client, the Developer hereby irrevocably assigns any right, title, or interest in any payment from Client to Optimhire.com for the amount paid by Optimhire.com.
The client may choose to approve Developer’s Weekly Invoice prior to the end of the Dispute Period thereby releasing payment for the Weekly Invoice. If Client releases payment to Developer prior to the end of the Dispute Period, Client certifies that it approves the Weekly Invoice, accepts the work, and waives any further right to dispute the work or Weekly Invoice through Optimhire.com’s Dispute Assistance (defined below).
You acknowledge and agree that Optimhire.com or its Affiliates may, at its sole discretion, withhold or delay payment in the event of dispute between a Client and a Developer. You further acknowledge and agree that Optimhire.com and Affiliates are not and will not be a party to any dispute between a Client and Developer over an Hourly Invoice or Hourly Contract.
Clients may not dispute hours worked with respect to any worker engaged as an employee through Optimhire.com Payroll. The Dispute Period does not apply and payments are released immediately upon completion of the Hourly Invoice for the prior week for Hourly Contracts where the Client has one or more Service Contracts using Optimhire.com Payroll.
7.2 Optimhire.com DISPUTE ASSISTANCE
Non-binding dispute assistance (“Dispute Assistance”) is available within 30 days of the date of the last release of funds from Client to Developer. If Client or Developer contacts Optimhire.com via support ticket within 30 days of the date of the last payment from Client to Developer and requests non-binding dispute assistance for any dispute among them (a “Dispute”), Optimhire.com will attempt to assist Client and Developer by reviewing the Dispute and proposing a mutual, non-binding resolution. Optimhire.com will only review the 30 days of work performed prior to the date a User requests Dispute Assistance.
The Optimhire.com Disputes team will notify the Client and Developer via ticket by providing a notice of dispute along with a request for information and supporting documentation.
If both Client and Developer respond to the notice and request for information, then the Disputes team will review the documentation submitted and any information available on the Site that pertains to the Dispute. After review, the Disputes team will propose a mutual, non-binding resolution based on the results of the review.
The proposed resolution is non-binding; the Client and Developer can choose whether or not to agree to it. If Client and Developer agree in writing to the proposed resolution, Client and Developer agree that Optimhire.com is authorized and irrevocably instructed to immediately release funds in accordance with the proposed resolution.
If Client or Developer rejects Optimhire.com’s proposed, non-binding resolution then Client and/or Developer must pursue the Dispute independently.
Optimhire.com reserves the right to review the Developer’s work for 30 days prior to the date of the request for Dispute Assistance for compliance with Hourly Payment Protection requirements, and in its sole discretion, to make adjustments to invoices, and to direct Optimhire.com to make appropriate releases to Client if it finds work that clearly does not relate Hourly Contract requirements or Client instructions in the Work Diaries or violations of the Terms of Service during its review of the work.
Dispute Assistance does not apply to Developer Services using Optimhire.com Payroll.
8. NO RESPONSIBILITY FOR SERVICES OR PAYMENTS
Optimhire.com and Affiliates merely provide a platform for Internet payment services. Optimhire.com and Affiliates do not have any responsibility or control over the Developer Services that Client purchases. Nothing in this Agreement deems or will be interpreted to deem Optimhire.com or any Affiliate as Client’s or Developer’s agent with respect to any Developer Services, or expand or modify any warranty, liability or indemnity stated in the Terms of Service. For example, Optimhire.com does not guarantee the performance, functionality, quality, or timeliness of Developer Services or that a Client can or will make payments.