Terms & Conditions UPDATED 2.2024

SmartMomGig and Work Gap Solution User Agreement

These Terms of Service constitute a legally binding agreement between you and SmartMomGig & Work Gap Solution , LLC.  SmartMomGig’s websites, mobile applications (the “Apps” ), and related services, information and communications are collectively referred to as the “SmartMomGig & Work Gap Solution .” The use of all personal data you submit to SmartMomGig & Work Gap Solution or which we collect about you is governed by this agreement. 

Your consent at registration and continued use of the SmartMomGig & Work Gap Solution constitutes your acceptance of and agreement to all of the terms and conditions. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the SmartMomGig & Work Gap Solution.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS SMARTMOMGIG & WORK GAP SOLUTION .

RULES AND REGULATIONS THAT MUST BE ADHERED TO:

  • You must be at 18 years of age which is the legal working age in the United States

  • Your agreement that the technology hardware and software for the SmartMomGig & Work Gap Solution services are provided “BY THE GIG GURU”. SmartMomGig & Work Gap Solution nor the “Gig Owner” are responsible for providing any licensing, hardware, or software.

  • Your agreement that SmartMomGig & Work Gap Solution provides no warranty and has no liability regarding user action, user deliverables, user programs, or any other user performance on the SmartMomGig & Work Gap Solution platform.

  • Your acknowledgment and agreement that SmartMomGig & Work Gap Solution does not supervise, scope, direct, control, or monitor a Gig work.

  • Your acknowledgement and agreement that Clients/Gig Owners are solely responsible for determining if the Gig Worker they hire is qualified to perform the Gigs.

  • Your acknowledgement and agreement that Gig workers are independent contractors of Clients/Owners and not employees, independent contractors or service providers of SmartMomGig & Work Gap Solution.

  • Your agreement to hold harmless and indemnify SmartMomGig & Work Gap Solution from claims due to your use of or inability to use the SmartMomGig & Work Gap Solution or content submitted from your account to the SmartMomGig & Work Gap Solution.

  • Your agreement to arbitrate disputes with SmartMomGig & Work Gap Solution on an individual basis to the fullest extent permitted by applicable law.

  • Your agreement NOT to contact users or companies off the platform in an attempt to hire or be hired in any capacity outside of or without the knowledge of SmartMomGig & Work Gap Solution.

  • You may NOT copy, share or give you account to another worker or company that would illegally represent you or your company.

  • You may NOT represent another party in any capacity.

  • You may NOT include advertising any other websites, products or services. You also can’t use our site to recruit freelancers or clients to join another platform, agency, website or company, unless you pay us a fee to do so.

If you agree on the terms of a Gig with a Gig Owner, you are signing a legally binding contract and Service Agreement directly between the two parties. SmartMomGig & Work Gap Solution is not liable for the any part of that direct agreement.

GIG OWNERS/CLIENTS ARE INDEPENDENT BUSINESS OWNERS. GIG GURUS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF SMARTMOMGIG & WORK GAP SOLUTION. SMARTMOMGIG & WORK GAP SOLUTION DOES NOT PERFORM GIGS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM GIGS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, SMARTMOMGIG & WORK GAP SOLUTION OPERATES AS AN ONLINE PLATFORM THAT CONNECTS THOSE NEEDING SERVICE WITH THOSE PROVIDING PROFESSIONAL SERVICES.

GIG OWNERS HEREBY ACKNOWLEDGE THAT SMARTMOMGIG & WORK GAP SOLUTION DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR GIG WORKERS. ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED IN ANY MANNER IS OUTSIDE THE LIABILITY OF SMARTMOMGIG & WORK GAP SOLUTION

SmartMomGig & Work Gap Solution is NOT liable for any licenses or credentials needed or obtained to complete a “gig.   SmartMomGig & Work Gap Solution is NOT liable or in any way responsible for background checks or evaluations of Gig Owners or Gig Gurus.  Due to the nature of short term online based professional services as the target work, SmartMomGig & Work Gap Solution will in NO MANNER vet or check either party.  In NO WAY is SmartMomGig & Work Gap Solution endorsing either party.  SmartMomGig & Work Gap Solution is NOT responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Gigs, Gig Gurus, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. SmartMomGig & Work Gap Solution makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Gigs requested or services provided by, or the communications of or between, Users identified through the SmartMomGig & Work Gap Solution.

Gig Gurus may need to provide identity verification or in some cases criminal background checks provided by third party services as appropriate.

When interacting with other Users, you should ALWAYS and AT ALL TIMES exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. SmartMomGig & Work Gap Solution will not be liable for any false or misleading statements made by Users of the SmartMomGig & Work Gap Solution .

 All Users of SmartMomGig & Work Gap Solution state that:

  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.

  • You have read, understand, and agree to be bound by these Terms and Policies.

  • Gigs shall only be performed in a country where the Gig Guru has a presence.

  • Gigs will be completed by person representing themselves. At no time will a gig be contracted or subcontracted from the original person with whom the gig was contracted.

  • You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Gig or any interaction by or with any User and/or SmartMomGig & Work Gap Solution in connection with the Guru without the prior written consent of SmartMomGig & Work Gap Solution and/or the relevant User.

  • You will fulfill the commitments you make to other Users, communicate clearly and promptly, be present and/or available at the time you agree upon.

  • You will act professionally and responsibly in your interactions with other Users.

  • When using or accessing the SmartMomGig & Work Gap Solution , you will act in accordance with all applicable local, state, provincial, national, law or custom and in good faith.

  • You will not use the SmartMomGig & Work Gap Solution for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.

  • Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

  • When using the SmartMomGig & Work Gap Solution , you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity.

  • You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the SmartMomGig & Work Gap Solution and maintain an independent clientele.

  • You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Gigs.

  • You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Gigs as agreed upon with your Client; and providing timely, high-quality services.

  • You will only offer and provide services for which you have the necessary skills and expertise and provide those services safely and in accordance with all applicable laws.

You acknowledge and agree that a legally binding contract with another User is set forth as of acceptable of a Gig or accepting /hiring in the platform based off a Guru Resume. SmartMomGig & Work Gap Solution , and any other contractual terms accepted by both the Guru and Client to the extent such terms do not conflict with the terms in this Agreement. SmartMomGig’s obligations or restrict SmartMomGig’s rights under this Agreement. SmartMomGig & Work Gap Solution is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment relationship. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of SmartMomGig & Work Gap Solution

A Guru’s failure to comply with this provision shall be a violation of contract and could lead to removal from the SmartMomGig & Work Gap Solution platform . The Client shall pay for Guru service via an upfront credit card payment. 

The SmartMomGig & Work Gap Solution Payment and Guru service charge must be paid through the platform PRIOR to posting online.  Gig Gurus will not be paid until the final work is complete, submitted and marked as complete in the system.  Therefore, there will be a period between when the client credit card is charged and when the payment is executed to the Guru. If services are not fulfilled, then Client can request a refund from SmartMomGig & Work Gap Solution.

Gig Gurus will be required to set up an account with STRIPE, which may require any or all of the following: registration, consent to the terms of service, vetting process and/or account validation, A working Venmo account MUST be available in order for SmartMomGig & Work Gap Solution to push payment for services rendered to the client. 

To help prevent fraud and safeguard User information from the risk of unauthorized access, SmartMomGig & Work Gap Solution may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days.   This temporary charge may vary depending on the estimated value of the Gigs and expenses.

SmartMomGig & Work Gap Solution reserves the right (but not the obligation) upon request from Client or Guru, or upon notice of any potential fraud, unauthorized charges or other misuse of  SmartMomGig & Work Gap Solution, to place on hold any Gigs Payment, or refunds.

WARNING: Gig Gurus WILL BE LIABLE TO PAY TAXES on all payment received.  Gig Gurus will receive a 1099 at the end of the year.  Gurus are HIGHLY ENCOURAGED TO ESTABLISH A PROCESS FOR PAYING TAXES BEFORE PAYMENT IS RECEIVED.

NEITHER SMARTMOMGIG & WORK GAP SOLUTION, NOR ITS  AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, & SUCCESSORS  ARE RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SMARTMOMGIG & WORK GAP SOLUTION  AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SMARTMOMGIG & WORK GAP SOLUTION AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SMARTMOMGIG & WORK GAP SOLUTION .

SmartMomGig & Work Gap Solution may suspend your right to use the platform pending its investigation of a potential breach. Upon its determination that you breached a provision of this Agreement.  SmartMomGig & Work Gap Solution will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety. You may terminate this Agreement at any time by ceasing all use of the SmartMomGig & Work Gap Solution  and deactivating your account.

You must register with SmartMomGig & Work Gap Solution and create an account to use the SmartMomGig & Work Gap Solution. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by SmartMomGig & Work Gap Solution for accessing the SmartMomGig & Work Gap Solution . You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you.

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Client designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the Client is owned by the client. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Client owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Guru  without SmartMomGig’s express prior written consent and, if applicable, the consent of the holder of the rights to the content generated by the Guru.  Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

You acknowledge that Confidential Information  is a valuable and unique asset of the client and agree that you will not disclose, transfer, or use any Confidential Information for any purpose other than use of the guidance with this contract and the contracts established by accepting a gig. 

The client reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of SmartMomGig & Work Gap Solution

WE ENFORCE THE RULES: We have the right to investigate any potential violations of these terms of use, and might decide to pause, change or take away any content on our site when we do. We may not take action against every potential violation, but just because we don’t take action against any particular breach doesn’t waive our right to take action against any future breaches. If we do suspect rule-breaking, we can stop you from using our site at any time. If we disable or close your account, you won’t be able to use any of our services as of immediately and without restitution.

 YOU MUST AGREE THAT GIG OWNERS AND GIG GURUS  WILL RESOLVE DISPUTES BY ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST SMARTMOMGIG & WORK GAP SOLUTION TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE SMARTMOMGIG & WORK GAP SOLUTION , YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SMARTMOM.COM SERVICE  IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.