OVERVIEW AND DEFINITIONS
huc is a Mobile App that enables buyers of professional services (“Customers”) to search for, enter into and manage transactions with providers of professional services (“Provider” and, collectively with Customers, “Registered Users”). The app contains features that enable Provider and Customers to do, among other things, the following.
“Provider” Signing up to be a huc provider gives you access to new clients, to help build your business and grow your brand.
“Account” means the account created by the app upon registration.
“Customer’s Acceptance of Services” shall mean: (i) to make the payment to the provider through huc (ii) Customer and the Provider agree as to the rightful recipient of the funds.
A. Eligibility. To access our Services through our app, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the app ; (2) be financially responsible for your use of the app and the purchase or delivery of services; and (3) perform your obligations as specified by any service Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. huc reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the app, and to update this information to maintain its truthfulness, accuracy and completeness.
C. Accounts and Profiles.
1. General. Once you have registered with the app as a registered user, the app will create your Account with Dynasty Digital, Inc.
2. Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this app. You authorize huc to assume that any person using the app with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
A. Customer and Provider.
1. Service Agreement. The engagement, contracting and management of a Service are between an Customer and a Provider. Upon acceptance of a quote, the Customer agrees to purchase, and the Provider agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Customer and Provider including the Service Bid, Service Description, and other terms and conditions as communicated between Customer and Provider on the app or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the app by huc (collectively, the “Service Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Service Agreement in conflict with these Terms of Service is void. Provider is responsible for the performance and quality of the services in accordance with the Service Agreement in a timely manner. Customer and Provider each covenant and agrees to act with good faith and fair dealing in performance of the Service Agreement.
2. Independence. Customer and Provider each acknowledges and agrees that their relationship is that of independent contractors. The Provider shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Provider and Customer or between hucapp.com and any Customer or Provider.
B. Registered Users and huc (Dynasty Digital, Inc)
1. General. Dynasty Digital, Inc is not a party to the dealing, contracting and fulfillment of any Service between a Customer and a Provider. huc has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Service listings, the qualifications, background, or abilities of Registered Users, the ability of Providers to perform services, the ability of Customers to pay for services, or that a Customer or Provider can or will actually complete a Service. huc is not responsible for and will not control the manner in which a Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Provider. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Customer and a Provider. huc will not provide any Provider with any materials or tools to complete any Service. Customers and Providers must look solely to the other for enforcement and performance of all the rights and obligations arising from Service Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
2. huc is classified as an on-demand scheduling app. huc operates and a communication conduit and helps facilitate the connection of the providers and customers. As such, huc holds no liability in regards to any services performed or any payment failures or issues that may be incurred with improper use.
At huc, we are equipped with a host of autonomous contractors as we are not on any company’s payroll. The organization neither works for anyone nor hires anyone directly to work for huc. Therefore, subscribers are to acknowledge that the organization does not monitor, supervise or have a hand in the intense of a service provider’s work and is not to be held responsible for any atrocities.
At huc, we only offer a marketplace where subscribers get their desired work done by their desired professionals. The organization isn’t answerable to the quality, legitimacy, success or failure, delivery time and any other related service delivery discrepancies of any service provider. The company also isn’t responsible for the qualification, responsibility and integrity of any user or clients. huc doesn’t assure the reliability, accuracy, adequacy and suitability of the service offered by any subscriber made available by the company at any point in time.
Vetting of subscribers
Following the company’s self-discretion, subscribers may be required to go through a rigorous examination prior to acceptance at huc. This includes the verification of identity, a detailed check of their criminal background at their province, state and locality with the aid of an approved third-party services. Therefore, subscribers will be required to approve the request of the company to perform a background checks as required with the federal and state laws and the Fair Credit Reporting Act.
Despite the fact that the company will conduct a thorough background check of the subscriber as explained above, the company is not expected to guaranty the identity of the subscriber and as a result, huc is not responsible for the reliability and accuracy of the background information provided as well as the identity of the user.
Be adequately cautious with any subscriber you interact with for your personal safety and the security of your property. See any subscriber as a stranger you are just getting to know. The company, affiliates and/or licensor cannot be held responsible to any conduct or misconduct of any of her user at any point in time. Therefore, the company, licensor and affiliates are free of any potential liability as the case may be. The company, affiliates and licensor will not be responsible for any damage or injury associated with dealing with any subscriber on huc.
3. Third-Party Beneficiary of Service Agreement. Customer and Provider each acknowledges and agrees that the value, reputation, and goodwill of the Website/app depend on their performance of their covenants and agreements as set forth in their Service agreement. Customer and Provider therefore appoint huc as a third-party beneficiary of their Project Service agreement for purposes of enforcing the obligations owed to, and the benefits conferred on huc by these Terms of Service. Customers and Providers further agree that huc has the right to take such actions with respect to the Service agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as huc in its sole discretion deems necessary to protect the value, reputation, and goodwill of the app.
4. Agency. These Terms of Service and any registration for or subsequent use of this service by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and huc except and solely to the extent expressly stated.
5. Note that huc does not hire any providers, and they are not to be considered an employee of huc. Providers are only entering into a contract to pay huc a percentage of their Service fee in return for using the huc app as a scheduling service (connecting them to potential customers).
C. PAYMENT METHOD
huc allow user to pay in the following method:
Deposit to (huc) app using PayPal account or a credit card
Requesting a Transfer back to PayPal account or credit card
Transferring funds directly to a friend’s huc account
1. huc Services Fees. huc deducts 10% from the service charge after the provider has completed the service and the payment is complete from the customer to the provider:
2. Provider Transfer Method Fee. If, upon a Provider’s or Customer’s request, funds are to be disbursed via a wire transfer, a Provider or Customer Transfer Method Fee may be charged to the Provider or Customer as described here. Transfers made through use of, Paypal or any applicable credit card may incur charge depending on the payment method used.
E. LEGAL RELATIONSHIP
1. huc is not your agent with respect to any funds that have been transferred to huc for any Assumed Payment Liabilities.
2. Each Provider must properly discharge and credit Customers for all payments that huc makes to such Provider in respect of services provided to such Customers.
You must not misuse this app. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this app. Breaching this provision would constitute a criminal offense and huc will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website/app or to your downloading of any material posted on it, or on any website linked to it.
G. TERM; TERMINATION AND SUSPENSION
A. These Terms of Service shall become effective as your contractual agreement upon your use of the app, and shall continue until your Account is terminated by you or huc as provided for under the terms of this section.
B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) huc shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to huc for any service and to any Provider for any services.
C. Any termination of an Account will automatically lead to the termination of all related profiles.
D. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Service and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the app; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for huc or are contrary to the interests of the app. Once indefinitely suspended or terminated, you must not continue to use the Website /App under the same Account, a different Account, or register under a new Account.
E. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
H. PRIVACY AND CONFIDENTIALITY
I. INTELLECTUAL PROPERTY
A. huc content. Your use of the app and the services provided therein and thereby is governed by the terms of these Terms of Service and the huc IP Policy. It is your responsibility to review the huc IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time.
B. Registered User Content.
1. You are solely responsible for information posted on our Website/app, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through huc’s feedback feature (collectively, “”Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You hereby assign to huc your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing huc products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
3. Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
4. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the app, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the app which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
J. REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
A. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
1. not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
2. to be fully responsible and liable for any action of any user who uses your Account.
3. not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
4. not to allow any third party who is not authorized to do so to use your Account at any time.
5. not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website/app or any transaction being conducted through the Website.
6. not to intercept or expropriate any system, data or personal information from the app.
7. not to take any action that imposes an unreasonable or disproportionately large load on the app infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
8. that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
9. that they are using the Website/app solely for the purpose of entering into a bona fide business transaction with other Registered Users.
10. that they will not use the app or its services to defraud or mislead any person or entity, including without limitation hucapp.com or any Register User.
11. that they will not use the app to violate any law or regulation of the United States of America or any international law or treaty.
B. Warranty Disclaimer. THE SERVICES PROVIDED BY HUC OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE APP BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
C. General Release. If you have a dispute with another Registered User, you release huc (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
D. Indemnity. You agree to defend, hold harmless and indemnify huc from and against any and all losses, costs, expenses, damages or other liabilities incurred by huc from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against huc: (1) in connection with your use of the Services including any payment obligations incurred through use of the huc app; or (2) resulting from: (a) your use of the Website/ app (b) your decision to supply credit information through the app to the third party website such as the payment method; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the huc app; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Provider; (i) your obligations to a Provider. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
E. Links. The app may contain links to third-party web sites not under the control or operation of huc or hucapp.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
F. Data. You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this app will not be construed as creating any responsibility on huc’s part to store, backup, retain, or grant access to any information or data for any period.
K. MISCELLANEOUS TERMS AND CONDITIONS
A. Compliance with Law. You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the website /app may not be legal for or by certain persons or in certain countries.
B. Modification and Waiver. huc will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of huc. No delay or omission by huc in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
C. Severability. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
D. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of huc, and any attempt to do so will be null and void. huc may assign these Terms of Service in its sole discretion.
E. Force Majeure. Except for the payment of fees to huc, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
L. COPYRIGHT NOTICE
huc its logos are trademarks of Dynasty Digital, Inc. All rights reserved. All other trademarks appearing on Dynasty Digital, Inc are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Q. ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Dynasty Digital, Inc. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Dynasty Digital, Inc.