“Cliff’s Notes” (not legally binding)

Basically… 

• You are free to accept or decline requests.
  

• You will complete a background check and reference checks before we can match you with families.
  

• The info you shared with Apiari is true and accurate.

1. SERVICES AND DUTIES

1.1 Apiari will establish and maintain a web profile for you on its domain, and recommend you to families meeting your experiences and preferences shared by you for the performance of services described in your Apiari profile.  You will have the right to accept or decline Apiari’s service requests. If you accept, you will perform the services in a safe, competent and professional manner, and comply with all applicable laws and regulations.

1.2 Before you can be recommended to families on our platform, you must complete a background check and reference checks meeting our platform standards.   

1.3. You represent and warrant that all information you have provided and will provide to Apiari is and will be true and accurate in all aspects, and does not contain any omissions that may be untrue or misleading. You agree to review your online Apiari profile, and promptly update your profile or if notify Apiari if, at any time, any information on your Apiari profile is incorrect, outdated or misleading. 

Basically…  

• To access our premium marketplace, you pay a monthly subscription fee of $29.99.

• We will charge your clients the hourly rate you gave us. Your take-home rate is 97% if you are a subscriber, 90% if you are not a subscriber.
  

• We make payments weekly for sessions confirmed on your Apiari calendar.

• Cancellations and no-shows will impact your ratings, visibility and matches on the App.

2. MARKETPLACE AND SERVICE FEES

2.1 To access our marketplace, you will pay a $29.99 monthly subscription fee. Your subscription is renewed automatically at the start of each month. You can terminate your subscription at any time.  

2.2 If any client books you on the App, we will charge your client at the hourly rate set out in your Apiari profile. You can change the hourly rate directly in your profile at any time, and the new rate will apply to bookings made after the change. 

2.3 For subscribers, a 3% fee applies to fees collected for sessions booked on our App. Your payout is 97% of the hourly rate charged to your clients. For example, if your client pays $30 for one hour, $0.90 will be applied to towards payment processing fees, and you will receive $29.10. 

2.4 For providers who are not subscribers: a 10% fee applies to fees collected for sessions booked on our App. Your payout is 90% of the hourly rate charged to your clients. For example, if your client pays $30 for one hour, $3 will be applied to towards payment processing fees, and you will receive $27. 

2.5 Payments are processed on Saturday of each week based on the hours confirmed on your Apiari calendar. You will double-check the hours worked at the end of each session and update them in the App on the same day if there are any changes. You will only be paid for sessions confirmed by your clients.  Apiari will make payments using the information you have provided at onboarding, as updated by you from time to time.

2.6 To maintain the integrity of Apiari’s booking platform, late cancellations, repeated cancellations, and no-shows will reduce your calendar reliability rating and you may receive less recommendations and matches as a result.

Basically…  

You pay for your own meal and travel expenses.

3. EXPENSES 

You are responsible for your own meal and travel expenses. 

Basically…  

You are free to work with anyone.

5. OTHER CLIENTS; NO EXCLUSIVITY

You have no exclusivity with Apiari. You free to accept or decline bookings on Apiari and work with clients outside of Apiari. You are free to accept or decline any requests on Apiari, and you and your client can discuss your preferred method of payment.

Basically…

If things go really wrong between us, we will resolve our differences in arbitration. There will be no jury trials.

6. INDEMNIFICATION; LIMITATION OF LIABILITY 

6.1 You agree to indemnify and hold harmless Apiari, its directors, officers and employees (collectively, the Relevant Persons) from all damages, losses and expenses arising from any of your negligent acts, omissions or willful misconduct or breach of these Terms.

6.2 To the extent permitted by applicable law, in no event will any Relevant Person be liable for any losses or damages related to your performance of the Services. You hereby release the Relevant Persons and their successors from claims to the extent permissible by applicable law, of all demands, losses and damages of any kind, including personal injuries and property damage, that is related to or arises from your performance of the Services.

Basically…

We can both terminate our contract anytime by giving each other notice.

7. TERMINATION

7.1 These Terms will remain in effect until it is terminated pursuant to this Clause 7.

7.2 You and Apiari are each entitled to terminate these Terms on giving notice to the other in writing.

7.3 Clause 6 will survive termination of these Terms.

Basically…

• Apiari is not an agency or employer. We provide payment processing tools to you as a service.

• Apiari’s payment tools are available for use by independent contractors only. If you are an employee, you will stop using Apiari’s payment tools immediately and discuss alternate payment methods with your clients.
  

• You are responsible for filing and withholding your own taxes.

8. TAXES; NO EMPLOYMENT OR PARTNERSHIP

8.1 Nothing contained in these Terms shall be construed as constituting any relationship of employment, worker status, agency or partnership between you and Apiari.

8.2 Apiari provides third party payment processing tools to you as a service. By using this payment service, you agree that you work solely as an independent contractor for your clients and not as an employee. If you have an employee-employer relationship with your client, you will stop using Apiari’s payment tools and discuss alternate payment methods with your clients.

8.2 You are responsible for filing and withholding your own taxes. Apiari has no liability or responsibility for the withholding, collection or payment of any taxes or employment insurance premiums on any amounts paid to you. 

Basically…

• You will receive text messages and emails from us at the number or email you gave us.

• You can opt out of texts by replying “STOP” from your number.

9. Communications with Apiari

9.1 By creating an account, you agree to accept and receive communications from Apiari, including via email, text message, and push notifications to the telephone number or email addresses you provided to Apiari. Once a booking is confirmed with an Apiari client, we will share your telephone number with the client, so they may contact you directly. Message and data rates may apply.  

9.2 To opt out of receiving text messages from Apiari, you may reply “STOP” from the mobile device receiving the messages. Opting out of communications may impact your use of the Services. 

Basically…

If things go really wrong between us, we will go to arbitration. There will be no jury trials.

10. GENERAL

10.1 These Terms, the relationship between the parties and any claim or dispute (whether in contract, tort, statute or otherwise) relating to these Terms or that relationship shall be governed by and construed in accordance with law of the State of New York including section 5-1401 of the New York General Obligations Law but excluding any other conflict of law rules that would lead to the application of the law of another jurisdiction.

10.2 Any dispute, claim, difference or controversy arising out of, relating to or having any connection with these Terms, including any dispute as to its existence, validity, interpretation, performance, breach or termination or the consequences of its nullity and any dispute relating to any non-contractual obligations arising out of or in connection with it, shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce. The seat or legal place of arbitration shall be New York.       

10.3 EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES PROVIDED PURSUANT HERETO. 

10.4 Any notices or other document to be served under these Terms may be given in person (by courier service or otherwise) or e-mail to the party at the following address:

(a) To the Company, at:

800 Third Avenue Suite A#1530
New York, NY 10022

Attention: General Counsel
Email: Hello@theapiari.com
Phone (text): 646-798-5971
Phone (call): 212-381-9687 

(b) To the Member, at the address provided by the Member at account creation

or such other address notified by each party to the other in writing from time to time.