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BetleyHub: TERM OF SERVICE AGREEMENT FOR HEALTH LLC FACILITIES

SECTION 1:  Introduction:

This Term of Service Agreement establishes the terms between independent healthcare service providers, referred to as “Facilities,” “you,” or “your,” and BetleyHub (referred to as “Betley Health LLC”), which operates under the trade name BetleyHub “we,” “us,” or “our”). It covers the use of various components, including the website (https://betleyhub.com) (“Website”), affiliated mobile applications (“Mobile Apps“), services, and resources accessible through them (“Services”), as well as all content, such as designs, graphics, text, illustrations, icons, multimedia, and related code (“Content”) (collectively, the Website, Mobile Apps, Services, and Content are referred to as the “Platform”), accessible by both guests and registered users.

Prior to utilizing our Platform, it is imperative to review this Facility Agreement meticulously. By accessing or using the Platform, whether through our Website, Mobile Apps, or any other access point provided by us, you indicate your agreement to abide by this Agreement. Should you choose to accept or agree to this Agreement when prompted, or access or use the Platform or any BetleyHub service, you signal your acceptance of its terms. If you do not consent to this Agreement, refrain from accessing or using the BetleyHub Platform.

Vital: This Agreement, inclusive of the Arbitration Agreement (see Section 16 below), contains provisions that regulate dispute resolution between Facilities and BetleyHub. Please scrutinize the Arbitration Agreement carefully, as it mandates disputes to be resolved through final and binding arbitration on an individual basis. By entering into this Agreement, you affirm that you have comprehensively read and understood its terms and have taken the time to contemplate the implications of your decision.

Terms not explicitly defined herein adopt the meanings ascribed to them in our Terms of Service. Our Terms of Service are integrated into this Agreement, and if any discrepancy arises between the terms or conditions of our Terms of Service and this Agreement, the latter prevails.

This Facility Agreement is subject to alterations at our sole discretion, although such changes will not impact arbitrations already in progress. To stay informed, regularly check our website or Mobile Apps for the current Agreement.

Changes to this Agreement will be indicated by updating the “Most Recent Update” date at the top of the document and will be made available on our Website and Mobile Apps. Newly registered Facility Users will immediately be subject to the updated Agreement, while existing users will have a month grace period following the announcement of changes. Consent to the updated Agreement may be necessary before continued use of our Platform. Failure to consent to any modifications after notification will result in the discontinuation of Platform use. Otherwise, continued use will be deemed acceptance of the changes.

Independent Contractor Status for Healthcare Professionals Utilizing the BetleyHub Platform

BetleyHub is committed to treating healthcare professionals as independent contractors while ensuring compliance with tax and labor laws. By leveraging this status, healthcare professionals retain full autonomy and control over their work, reaffirming their role as independent contractors, not employees. The following guidelines outline the essential components of this independent contractor relationship.

PART A: Guidelines for Treating Professionals as Independent Contractors

To maintain the proper classification of healthcare professionals as independent contractors (1099 workers) and ensure compliance with the necessary legal requirements, BetleyHub adheres to the following guidelines:

  1. Clear Classification: BetleyHub ensures that healthcare professionals are properly classified as independent contractors, following IRS criteria such as behavioral control, financial control, and the nature of the relationship. Independent contractors retain control over how and when they perform tasks, rather than following a rigid schedule set by BetleyHub.
  2. No Employee Benefits: Healthcare professionals do not receive traditional employee benefits such as health insurance, paid time off, retirement plans, or other employee entitlements.
  3. Paying 1099 Contractors: Payments to healthcare professionals are made on a contractual basis. BetleyHub does not withhold taxes, and professionals are responsible for managing their own federal, state, and self-employment tax obligations.
  4. Issuing Form 1099-NEC: BetleyHub will issue Form 1099-NEC to each healthcare professional earning $600 or more in a year. This form, which reports non-employee compensation, must be sent to both the healthcare professional and the IRS by January 31 of the following year.
  5. Independent Control Over Work: Healthcare professionals maintain full autonomy over how they perform their tasks. BetleyHub sets the goals, but the method, hours, and tools remain under the healthcare professional’s control.
  6. Written Contract: BetleyHub will provide a clear written contract outlining the terms of the working relationship, including scope of work, deadlines, payment terms, and responsibilities. This document reinforces the independent contractor status.
  7. Invoicing and Payment: Healthcare professionals submit invoices based on the terms of their contracts. This method of payment ensures that they are treated as independent contractors, not employees.
  8. Professional Autonomy: Healthcare professionals are free to work with other clients or businesses while contracting with BetleyHub. Exclusivity requirements would jeopardize their classification as independent contractors.

 

By adhering to these principles, BetleyHub ensures compliance with 1099 contractor rules and establishes a professional, independent working relationship with healthcare professionals.

PART B: Independent Contractor Agreement

The independent contractor status of healthcare professionals using the BetleyHub Platform, particularly in relation to tax liabilities, is a critical aspect that delineates the nature of the working relationship between BetleyHub and its contractors. Let’s explore in detail the significance of this status and the accompanying tax obligations for healthcare professionals:

1. Independent Business Operation:

Healthcare professionals using BetleyHub function as independent business entities, not as employees of BetleyHub. This status gives them full control over their practice, including how they deliver services, the tools, and methods they use, and when they work. These professionals are essentially entrepreneurs, and their connection with BetleyHub is merely a platform-based relationship that facilitates the matching of their services with healthcare facilities.

Implications:
  • Autonomy: Professionals decide how they execute tasks and maintain control over their professional choices. They are not subject to direct supervision or control from BetleyHub. Instead, they manage their operations as they see fit, choosing work schedules, clients, and service modalities.
  • Business Expenses: Since they run their own businesses, professionals are responsible for managing all their business-related expenses (e.g., licensing, transportation, equipment, insurance), which they may be able to deduct when filing their taxes as business expenses.
2. No Employment Relationship:

A healthcare professional working via the BetleyHub Platform is not an employee of BetleyHub. This means they are not entitled to any employee benefits that typically accompany a traditional employment relationship. These benefits include, but are not limited to, salary, pension contributions, stock options, bonuses, health insurance, paid time off, unemployment benefits, and workers’ compensation.

Implications:

  • No Payroll Withholding: Unlike employees who have taxes automatically withheld from their paychecks, independent contractors receive their full payment from BetleyHub without any tax deductions.
  • Benefits Responsibility: Since healthcare professionals are not employees, they must independently secure any benefits they desire, such as health insurance, retirement savings (through self-funded 401(k) or SEP IRA plans), and other forms of coverage like disability or workers’ compensation.
  • No Unemployment Insurance: If their contract or assignments end, healthcare professionals are not eligible for unemployment benefits, a right reserved for employees who lose their jobs.
3. Tax Liabilities:

The most significant difference between independent contractors and employees is how taxes are handled. Independent contractors are responsible for managing their own tax obligations, including federal, state, and self-employment taxes. Let’s break this down:

Self-Employment Taxes:
  • As independent contractors, healthcare professionals are required to pay self-employment tax. This tax covers Social Security and Medicare, which are usually split between employers and employees in a traditional employment scenario. Independent contractors must pay both the employer’s and employee’s portion, which amounts to approximately 15.3% of their income (12.4% for Social Security and 2.9% for Medicare).
  • Professionals will need to file Schedule SE (Self-Employment Tax) with their federal tax returns to report and pay these taxes.
Quarterly Estimated Taxes:
  • Since there’s no tax withholding by BetleyHub, healthcare professionals are required to estimate and pay taxes quarterly to the IRS and state tax authorities. These payments cover their federal income tax and self-employment tax.
  • The IRS expects independent contractors to make quarterly payments (usually due in April, June, September, and January of the following year). Failure to make these payments could result in penalties.
Income Tax:
  • In addition to self-employment taxes, healthcare professionals must also pay federal income tax on their earnings, as well as state income tax in states that impose one.
  • Their income tax rate is determined based on their total earnings for the year, and deductions they claim as business expenses, which can reduce taxable income.
Deductions and Write-Offs:

Independent contractors have the advantage of being able to deduct certain business expenses to lower their taxable income. Some examples include:

  • Home office deductions (if they work from a home office)
  • Transportation and travel expenses (for work-related trips)
  • Licenses and certification fees
  • Insurance costs (such as professional liability insurance)
  • Office supplies, software, and equipment used for professional services.

 

This ability to deduct business-related expenses can significantly reduce the overall tax burden, which is a key financial advantage of being an independent contractor.

Form 1099-NEC:
  • BetleyHub is required to issue Form 1099-NEC to every independent contractor who earns $600 or more in a calendar year. This form is crucial for tax reporting, as it reflects the total compensation paid to the contractor.
  • The contractor uses this form to file their federal and state income taxes, reporting their earnings to the IRS and state tax authorities.
  • BetleyHub must send this form to both the contractor and the IRS by January 31 of the following year, ensuring compliance with tax regulations.
Summary of Tax Responsibilities for Healthcare Professionals:
  1. Self-Employment Tax: Responsible for both the employer’s and employee’s share of Social Security and Medicare taxes.
  2. Income Tax: Must pay federal and state income taxes based on earnings.
  3. Quarterly Estimated Payments: Expected to make estimated tax payments each quarter to avoid penalties.
  4. Business Deductions: Eligible to deduct business-related expenses to reduce taxable income.
  5. Tax Filing Forms:
    • Schedule C: Used to report business income and expenses.
    • Schedule SE: Used to calculate and report self-employment tax.
    • 1099-NEC: Issued by BetleyHub to report non-employee compensation of $600 or more.
3.1 No Tax Advisory Services Provided by BetleyHub
  1. Independent Tax Obligations: BetleyHub does not provide tax advisory services, including but not limited to advice on income tax, payroll tax, or any other tax obligations. Healthcare professionals utilizing the BetleyHub platform are classified as independent contractors and are solely responsible for the filing, reporting, and payment of all relevant taxes, including federal, state, and local taxes, as required by law.
  2. No Withholding by BetleyHub: As independent contractors, healthcare professionals are not subject to tax withholdings, unemployment insurance, or social security deductions by BetleyHub. It is the responsibility of each professional to maintain accurate records of income earned through the platform and ensure timely submission of any applicable tax payments.
  3. Healthcare Facility Responsibilities: Healthcare facilities are likewise responsible for adhering to tax regulations applicable to their engagement with independent contractors. BetleyHub shall not be responsible for determining or overseeing the tax obligations of healthcare facilities or medical institutions in relation to their use of independent professionals.
  4. Consultation with Tax Professionals: Users, both healthcare professionals and facilities, are encouraged to seek independent tax advice from qualified professionals. BetleyHub makes no representations or warranties regarding the accuracy or sufficiency of any tax-related information provided within the platform or any associated communications.
  5. Liability Disclaimer: BetleyHub disclaims any liability or responsibility for tax compliance or disputes arising from the classification, filing, or payment of taxes by any user. Users agree that they will not hold BetleyHub liable for any tax-related penalties, assessments, or liabilities arising from their use of the platform.

Why This Matters for BetleyHub

This section outlines the importance of properly classifying healthcare professionals as independent contractors from BetleyHub’s perspective.

  1. Legal and Tax Compliance: By accurately classifying healthcare professionals as independent contractors, BetleyHub minimizes the risk of potential legal and tax complications, such as audits or reclassification by the IRS. Maintaining clear documentation, including written contracts, is essential for ensuring compliance with all applicable regulations regarding Form 1099-NEC and payment methods.
  2. Independent Relationship: By adhering to these guidelines, BetleyHub solidifies the independent nature of its relationship with healthcare professionals.
  3. Responsibilities of Healthcare Professionals: Healthcare professionals utilizing the BetleyHub platform must fully understand their responsibilities as independent contractors, particularly concerning their tax obligations. BetleyHub does not withhold taxes or provide employee benefits, allowing healthcare professionals to maintain their independent status.
  4. Maximizing Flexibility: This independent contractor arrangement offers healthcare professionals the flexibility and advantages associated with their status, empowering them to manage their work on their terms while adhering to the necessary legal standards.

 

In conclusion, BetleyHub is committed to fostering an environment that respects the independent nature of healthcare professionals while ensuring compliance with relevant laws and regulations.
4. Non-Exclusivity of Platform:

BetleyHub does not impose any exclusivity clause on healthcare professionals using its platform, meaning that these professionals are free to offer their services to other facilities or through other third-party platforms. This non-exclusivity is a crucial feature that supports their independent contractor status.

Implications:
  • Freedom to Choose Clients: Healthcare professionals are not restricted to providing services solely through the BetleyHub platform. They can diversify their client base by working directly with healthcare facilities or joining other platforms similar to BetleyHub.
  • Multiple Revenue Streams: Independent contractors can have multiple sources of income from different clients or platforms. This further strengthens their independent business status by avoiding reliance on a single platform, which is a hallmark of true entrepreneurship.
  • No Conflict of Interest: Since there is no restriction, BetleyHub does not penalize or limit healthcare professionals for offering services outside the platform. This allows professionals to maximize their earning potential by engaging with other clients.
  • Flexibility in Schedule: The ability to work across multiple platforms ensures healthcare professionals can structure their schedules to accommodate various opportunities, increasing their professional flexibility.
5. Voluntary Acceptance of Work:

Healthcare professionals using the BetleyHub platform have complete freedom to accept or decline service requests based on their own preferences and availability. This feature ensures that these professionals maintain full control over their workload and decision-making, further reinforcing their independent status.

Implications:
  • No Obligation to Accept Assignments: Unlike employees who may be required to accept tasks or shifts assigned by their employer, independent contractors on BetleyHub are free to accept or reject service requests without fear of negative consequences.
  • Professional Autonomy: This freedom ensures that healthcare professionals can choose work that aligns with their own professional goals, expertise, and schedule. They can prioritize assignments or shifts that best suit their needs, preferences, or income targets.
  • Work-Life Balance: The ability to voluntarily choose assignments or shifts allows professionals to maintain a better work-life balance. They can accept work based on their availability and desired workload, leading to improved job satisfaction.
  • No Minimum Hours Requirement: BetleyHub does not set a minimum number of hours or shifts that healthcare professionals must work. This enhances their flexibility, allowing them to take time off or pursue other professional activities when needed.
6. Non-Dependency on Platform:

Healthcare professionals are not economically dependent on the BetleyHub platform for their livelihood. This means that their relationship with BetleyHub is not their sole source of income, and they are free to pursue other professional opportunities outside of the platform, whether related to healthcare or other fields of interest.

Implications:
  • Multiple Income Streams: Professionals can diversify their income through various other ventures, whether by working with other healthcare facilities, joining multiple platforms, or even running their own independent practices. This diversification reduces the risk of being reliant on one platform for financial stability.
  • Professional Freedom: BetleyHub does not impose any restrictions on healthcare professionals seeking other job opportunities, consulting, or engaging in entrepreneurial activities outside of the platform. This allows them to build careers on their own terms.
  • Business Expansion Opportunities: Since they are independent contractors, professionals can grow their businesses by networking and expanding into new markets without any restrictions from BetleyHub.
  • True Independent Contractor Status: One of the key tests of independent contractor status, as established by labor laws and the IRS, is economic independence. By not depending solely on BetleyHub for income, healthcare professionals further solidify their classification as independent contractors rather than employees.
7. Autonomy Over Service Delivery:

One of the hallmarks of independent contractor status is autonomy over how services are delivered. BetleyHub does not dictate how healthcare professionals perform their services; instead, the methods, processes, and performance of service delivery remain entirely under the control of the healthcare professional.

Implications:
  • Professional Expertise and Judgment: Healthcare professionals are trusted to use their own expertise and judgment to deliver services in the best way they see fit. This means BetleyHub does not interfere with the day-to-day operations of how professionals care for patients or manage their work.
  • Customized Service Delivery: Each healthcare professional can tailor their approach to best meet the needs of the facility or patient they are working with. This allows for personalized care and flexible service provision.
  • No Direct Supervision: BetleyHub does not engage in micromanaging or providing direct oversight of healthcare professionals. This independence reinforces the idea that these professionals are operating their own businesses and managing their workflow.
  • Responsibility for Quality: While professionals have autonomy, they are also responsible for maintaining the quality of their services and ensuring they comply with relevant industry standards and regulations. This responsibility is consistent with the role of an independent contractor, who must ensure their own performance meets professional and legal requirements.
  • No Training Requirements: BetleyHub does not impose specific training, performance metrics, or procedures on the professionals. While facilities may have their own protocols, healthcare professionals are free to apply their own methods and skills in line with the expectations of the assignment.
Overall Impact of These Terms:

The clauses described above clearly outline the relationship between healthcare professionals and BetleyHub, firmly positioning these professionals as independent contractors with significant control over how they conduct their business. The flexibility to work for other platforms, reject assignments, maintain economic independence, and exercise full autonomy over service delivery aligns with legal standards for independent contractor status.

These terms benefit healthcare professionals by allowing them to operate freely without being tied to a single source of work or rigid performance structures. At the same time, BetleyHub benefits by limiting its legal obligations, avoiding employment-related costs, and ensuring the platform remains a flexible, dynamic marketplace for healthcare services.

This structure ensures that BetleyHub adheres to regulations and avoids issues related to employee misclassification, which could lead to tax penalties, lawsuits, or reclassification audits by the IRS or state labor departments.

In summary, these provisions are designed to foster a mutually beneficial relationship where healthcare professionals retain independence, autonomy, and flexibility, while BetleyHub provides them with access to work opportunities without imposing the constraints of a traditional employment relationship.

8. Payment Based on Services Rendered:

Healthcare professionals using the BetleyHub platform are compensated solely for the professional services they provide to facilities, meaning they are paid based on the work completed rather than receiving regular wages or salaries. BetleyHub does not offer traditional employment benefits such as guaranteed payments, or regular wages.

Implications:
  • Project-Based Compensation: Healthcare professionals are paid on a per-service or per-project basis, which aligns with how independent contractors typically operate. There is no set salary, or other form of guaranteed compensation.
  • No Employment Benefits: Healthcare professionals do not receive benefits commonly associated with employment, such as paid time off, or health benefits. Their income is directly tied to the number of services they complete.
  • Variable Income: Because compensation is based on services rendered, income may vary from week to week or month to month depending on the number and type of assignments or shifts they take on. This reinforces their independent business status as their income is tied to performance and effort.
  • No Set Hours or Schedules: Since compensation is service-based, healthcare professionals do not have set working hours. They decide when, where, and how much they work, giving them control over their work schedules.
9. Business Registration and Licensure:

Healthcare professionals are responsible for obtaining and maintaining their business registrations, licenses, certifications, and any tools or equipment required to perform their services. BetleyHub does not oversee or manage these professional requirements.

Implications:
  • Full Professional Accountability: Each healthcare professional must ensure they have the proper business licenses and certifications to legally offer services in their respective field and location. This includes ensuring their medical, nursing, or other healthcare licenses are current and valid.
  • Compliance with Local Laws: Healthcare professionals must comply with state and local regulations governing their profession, which can vary significantly by location. For example, a nurse must ensure they meet the licensure requirements of the state in which they practice.
  • Self-Sufficiency: Independent contractors are fully responsible for managing their business operations, including any legal requirements related to operating as an independent business. This differs from employees, where the employer typically handles licensing and registration.
  • Investment in Tools: In addition to certifications, healthcare professionals may need to invest in any tools, equipment, or software required to complete their assignments. This can include medical equipment, transportation, or even office supplies, reinforcing their role as business operators.
10. Responsibility for Expenses:

All expenses incurred in performing services, including transportation, lodging, licensing, and insurance, are the sole responsibility of the healthcare professional. BetleyHub does not reimburse for these costs.

Implications:
  • Business Expenses: Healthcare professionals must cover all costs associated with running their independent businesses, such as travel expenses (e.g., transportation to and from a facility), lodging if required for an out-of-town assignment, and maintaining professional liability insurance.
  • Self-Investment: This provision underscores that independent contractors are running their own businesses and are responsible for managing their own operational costs, just like any small business owner. BetleyHub provides the platform but not the financial support for these costs.
  • No Reimbursement: BetleyHub does not reimburse expenses, which means that professionals need to account for these costs when setting their rates or accepting assignments or shifts. They must ensure that the compensation they receive will cover their costs and allow for profit.
  • Tax Deductions: Independent contractors may be able to deduct many of these expenses (e.g., transportation, lodging, equipment purchases) when filing taxes, but they are responsible for tracking and reporting these costs.
11. Profit or Loss Potential:

Healthcare professionals working through the BetleyHub platform may experience either profit or loss, further emphasizing their role as independent business operators. Their financial outcomes depend on how they manage their services, expenses, and opportunities.

Implications:
  • Entrepreneurial Risk: Like any independent business, healthcare professionals assume the risk of running their own operations, meaning they could either generate a profit or incur a loss. This risk is a defining feature of independent contractor status, as employees typically do not face such risks.
  • Managing Costs and Income: Professionals need to carefully manage their income and expenses to remain profitable. For instance, if their expenses (e.g., travel, insurance, or equipment) outweigh the income from assignments or shifts, they could face a financial loss.
  • Potential for Growth: On the positive side, healthcare professionals have the potential to increase their profitability by taking on more assignments, negotiating better rates, or minimizing their expenses. Their earnings are not capped by an employer, providing unlimited growth potential.
  • Independent Financial Control: Each professional is responsible for their financial success. There is no guaranteed income, and they are solely responsible for managing their revenue, costs, and financial planning.
12. Licensure and Certification Renewal:

BetleyHub does not monitor the licensure status or track the hours worked by healthcare professionals to meet federal, state, or local requirements. Each professional is solely responsible for ensuring their licenses and certifications are up to date.

Implications:
  • Self-Regulation: Healthcare professionals must track their own licensure renewal dates, continuing education credits, and other regulatory requirements without relying on BetleyHub. This is a significant responsibility that professionals must handle independently.
  • Risk of Non-Compliance: If a healthcare professional fails to renew their license or comply with state regulations, they risk being unable to practice legally. BetleyHub places the full responsibility for compliance on the professional, not the platform.
  • No Employer Oversight: In a traditional employment setting, employers often monitor licensure and certification to ensure compliance. As independent contractors, however, BetleyHub professionals are responsible for managing these aspects of their professional practice.
  • Autonomy with Compliance: Professionals have the freedom to meet these requirements on their own terms, without the oversight of an employer, but they also bear full responsibility for meeting all legal and professional obligations.

These provisions highlight the entrepreneurial nature of healthcare professionals using the BetleyHub platform. The guidelines enforce a structure where these professionals operate as true independent contractors, running their own businesses, bearing the risks and rewards of those businesses, and assuming full responsibility for the legal, financial, and professional aspects of their work.

  • Independent Operation: These terms reinforce the healthcare professionals’ independence by confirming they bear all responsibility for their business operations, including managing expenses, taxes, licensure, and ensuring profitability.
  • No Employer Support: Healthcare professionals are fully responsible for managing their own careers, as BetleyHub does not provide any of the support structures typically associated with employment, such as benefits, reimbursements, or compliance tracking.
  • Clear Role Distinction: The distinction between employee and independent contractor is made clear, with BetleyHub maintaining a hands-off approach to the healthcare professionals’ day-to-day operations while offering them a platform to find clients and assignments or shifts.

By ensuring that these professionals maintain full control over their work, income, and expenses, BetleyHub avoids creating an employer-employee relationship. This framework allows BetleyHub to offer a flexible, scalable platform while healthcare professionals retain autonomy and entrepreneurial potential.

SECTION 2: Acceptance of Terms:

It is essential to thoroughly review this Facility Agreement before utilizing the Platform through the Website, Mobile Apps, or any other provided access point. By using the Platform or agreeing to this Agreement, you acknowledge and consent to abide by its terms. If you do not agree, refrain from accepting and avoid accessing or using the BetleyHub Platform.

Section 3: Terminology
Users of the Services

  • The term “User(s)” refers to all independent healthcare facilities, organizations, and individuals who have registered for an account, gained access to, or utilized services on the BetleyHub website.

    “Users” include the following:

  1. Independent Healthcare Professionals: This category includes professionals seeking short-term staffing positions in healthcare facilities, such as Registered Nurses (RNs), Licensed Vocational Nurses (LVNs), Licensed Practical Nurses (LPNs), Certified Nursing Assistants (CNAs), and others.
  2. Healthcare Facilities: These are organizations or institutions looking to access on-demand talent. This group includes hospitals, outpatient clinics, long-term care facilities (such as skilled nursing facilities and nursing homes), clinical laboratories, hospices, and other medical institutions. Representatives of these healthcare facilities are also considered “Users.”
Section 4: BetleyHub Marketplace Platform

BetleyHub operates as an online marketplace platform that facilitates connections between USERS, including independent healthcare professionals (e.g., CNAs, LPNs, LVNs, RNs) and healthcare facilities or medical institutions (e.g., hospitals, outpatient clinics, long-term care facilities, clinical labs, hospices) through digital tools.

Description of Services
  • BetleyHub’s marketplace platform serves as a connection point for talented healthcare professionals looking to fill Per Diem or short-term staffing positions with healthcare facilities or medical facilities. The platform is accessible to both independent healthcare professionals and healthcare facilities, aiming to streamline their interactions for maximum efficiency and productivity.
  • BetleyHub enables healthcare professionals to access healthcare facilities seeking their services. The platform allows healthcare facilities to post shifts in demand, while healthcare professionals can find and book shifts that align with their preferences.
  • Users, whether healthcare professionals or facilities, have the autonomy to decide on shifts, bookings, and scheduling. BetleyHub does not recommend or introduce healthcare professionals to medical facilities, emphasizing the responsibility of users to assess the suitability of shifts, healthcare facilities, or healthcare professionals.
BetleyHub’s Role as an Online Marketplace Platform
  • BetleyHub positions itself as a “MARKETPLACE PLATFORM” where healthcare professionals and facilities connect, communicate, and transact business efficiently. The platform serves as a medium of exchange, acting as an intermediary to facilitate the exchange of services and money between healthcare professionals and facilities.
What BetleyHub Does not Do
  • BetleyHub explicitly disclaims any responsibility or liability for professional risks associated with healthcare professionals working in facilities. The platform does not post, select, or schedule shifts for users and does not recommend or introduce healthcare professionals to facilities or vice versa.
  • Through BetleyHub ‘s marketplace platform, users have the autonomy to decide on shifts, facilities, and bookings. The platform does not engage in suggesting, recommending, or selecting users for each other.
  • Users, whether healthcare facilities or professionals, are solely responsible for investigating, evaluating, and determining the suitability of shifts and professional services offered on the platform. BetleyHub emphasizes its role as a facilitator of connections, leaving the decision-making and responsibility in the hands of the users
Section 5: User Independence and Liability
  1. User Autonomy: All Users shall operate independently, without any influence or control from BetleyHub.
  2. Independent Contractor Status: Healthcare professionals engaging with BetleyHub are recognized as independent contractors and are not employees of BetleyHub.
  3. Facility Independence: Healthcare facilities shall independently request professional services via BetleyHub’s platform. They maintain full control over selecting the appropriate professionals for any given shift, free from any influence or control by BetleyHub.
  4. Liability for Relationships: Medical and healthcare facilities assume full responsibility and liability for establishing business relationships with healthcare professionals, including their classification as independent contractors.
  5. Decision-Making Responsibility: Medical and healthcare facilities shall make their own decisions regarding the professionals they engage for services. They bear all responsibility and liability for accurately classifying professionals who book and complete shifts at their facilities.
  6. Independent Classifications: Medical and healthcare facilities may choose to classify healthcare professionals according to their own criteria. However, such classifications shall not affect the relationship between BetleyHub and the healthcare professionals, who will remain classified as independent contractors.
  7. BetleyHub’s Neutral Position: Medical and healthcare facilities acknowledge that BetleyHub has no involvement or influence over their classification decisions.
  8. Compliance with Laws: Medical and healthcare facilities agree that their classification of healthcare professionals is appropriate and compliant with all applicable laws, rules, and regulations.
  9. BetleyHub’s Limited Liability: Users acknowledge that BetleyHub has no input into, nor bears any liability for, the classification of healthcare professionals, whether in general or for specific shifts booked through the BetleyHub platform.
Job Evaluation
Terms and Conditions: Professional and Facility Responsibilities
  1. Position Evaluation: Healthcare facilities are solely responsible for assessing the duties, responsibilities, scope, and complexity of a position description to determine the most appropriate job title in alignment with job specifications and standards.
  2. Pre-Engagement Investigation: Before engaging any healthcare professional, facilities must conduct their own investigations. They hold full responsibility for all decisions made regarding the selection and engagement of professionals for services within their facility.
  3. Account Creation and Verification: Healthcare professionals must undergo background checks, phone interviews, and other necessary verification processes to create an account. BetleyHub makes no representations and disclaims any liability concerning a professional’s credentials, background, work quality, job knowledge, or working relationships.
  4. Liability for Classification: Healthcare facilities bear sole responsibility for accurately classifying healthcare professionals as independent contractors according to applicable legal guidelines.
  5. Compliance with Legal Guidelines: Healthcare facilities must ensure that their classification of professionals is proper and made in compliance with all applicable laws.
  6. Professional Work Parameters: BetleyHub does not set professionals’ work hours, locations, or determine the type or manner of compensation to be paid for any request.
  7. Training and Equipment: BetleyHub will not provide any training, equipment, tools, labor, or materials needed for any request. These responsibilities rest solely with the professionals and facilities.
  8. No Employment Withholding: BetleyHub will not withhold taxes for professionals, including unemployment, social security, or other taxes, as it would for employees.
  9. Tax Responsibilities: Users are solely responsible for filing tax returns and making payments to federal, state, or local tax authorities related to the professional’s services.
  10. Non-Exclusive Engagements: For independent contractors, medical facilities cannot require an exclusive relationship. Professionals may work with other individuals or businesses, including competitors of the facility.
  11. Freedom for Independent Contractors: Independent contractors are free to perform requests or engage with any business outside of the medical facility, including competitors.
  12. Employer-Employee Contracts: For contracts classified as employer-employee relationships, the medical facility must manage the request through BetleyHub’s payrolling program, where professionals become hourly employees of BetleyHub’s staffing affiliate. In such cases, appropriate additional agreements will be executed between the professional and the medical facility.
  13. Indemnification: Users agree to indemnify, defend, and hold BetleyHub harmless from any claims arising out of or related to a request, including misclassification of professionals as independent contractors or any legal determinations regarding the professional’s status under employment laws.
  14. Dispute Resolution: Any disputes concerning professional services must be resolved directly between healthcare professionals and the medical facilities.
  15. No Partnership or Agency Relationship: This agreement does not establish any partnership or agency relationship between BetleyHub and medical facilities.
  16. Contractual Authority: BetleyHub does not possess the authority to enter into contracts, whether written or oral, on behalf of medical facilities.
  17. No Control Over Services: BetleyHub does not supervise, direct, or control the work or services performed by professionals in any manner.

In summary, these terms establish the independence and responsibilities of healthcare professionals and facilities on the BetleyHub platform, reinforcing user autonomy in classification, decision-making, and legal compliance.

Section 6: BetleyHub 's Role and Disclaimers

BetleyHub functions as a communication and contracting platform, facilitating compensation transactions between Facilities and Professionals.

6.1 Medium for Communication and Contracting: BetleyHub acts as an intermediary, providing a medium for communication, contracting, and the facilitation of compensation agreements between Facilities and Professionals.

6.2 Non-Participation in Agreements: BetleyHub explicitly states that it is not a party to the agreements formed between Facilities and Professionals upon a Facility’s Request and a Professional’s acceptance.

6.3 Liability Disclaimer: BetleyHub disclaims any liability arising from engagements between Facilities and Professionals. The platform does not assume responsibility for the execution of services or the outcomes of such engagements.

  • BetleyHub offers the Platform “in its current state” and “subject to availability,” disclaiming all representations and warranties, whether express, implied, statutory, or otherwise. This includes but is not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, BetleyHub does not guarantee the reliability, timeliness, quality, suitability, or availability of the Platform or any services requested through it, nor does it warrant that the services will be uninterrupted or error-free.
  • BetleyHub does not exert control over or endorse any content or third-party content available on or linked to by the Platform. It also does not warrant that the Platform is free of viruses or other harmful components. It’s acknowledged and agreed that BetleyHub does not function as a medical provider. Furthermore, the listing of professionals or facilities on the Platform is not an endorsement or recommendation by BetleyHub. BetleyHub holds no liability to you for any harm resulting from the acts, omissions, or misconduct of any professional or any employee, contractor, or agent of any facility, regardless of reliance on information collected, generated, or stored on the Platform.
  • You acknowledge that you bear full responsibility for any risks associated with your utilization of the Platform, to the fullest extent allowed by applicable law.

 

6.4 Non-Involvement in Professional Services: BetleyHub does not provide or request Professional Services, offer training or supervision, nor does it establish an employment or agency relationship between Professionals and Facilities.

6.5 Independent Status of Users: Professionals and Facilities using BetleyHub are not considered agents, employees, or apparent agents of BetleyHub. Each user maintains an independent status.

6.6 Lack of Control Over User Actions: BetleyHub explicitly states that it does not control feedback, ratings, or actions of Users. Additionally, the platform does not function as a healthcare service provider.

  1. Independent Healthcare Professionals: This category includes professionals seeking short-term staffing positions in healthcare facilities, such as Registered Nurses (RNs), Licensed Vocational Nurses (LVNs), Licensed Practical Nurses (LPNs), Certified Nursing Assistants (CNAs), and others.
  2. Healthcare Facilities: These are organizations or institutions looking to access on-demand talent. This group includes hospitals, outpatient clinics, long-term care facilities (such as skilled nursing facilities and nursing homes), clinical laboratories, hospices, and other medical institutions. Representatives of these healthcare facilities are also considered “Users.”
Section 7: Account Registration and Management
7.1 Registration and Acceptance
7.1.1 Account Registration Process:
  • Upon initiating registration for a BetleyHub account to access the Services and Site, or by using the Site or Services after the Effective Date, users agree to adhere to the outlined Terms of Service.
  • Registration may be declined at BetleyHub’s discretion for any lawful reason.
7.1.2 Account Eligibility:
  • BetleyHub provides the Site and Services exclusively for business purposes. Registrants assert their commitment to using them for business, representing either a legal entity or an individual aged 18 or older capable of entering into legally binding agreements.
7.1.3 Account Profile:
  • Creating a user profile is mandatory for accessing the Site and Services.
  • Users commit to providing accurate information on their Profile and updating it as necessary.
  • False or misleading information is prohibited, and corrections must be made promptly.
7.1.4 Identity and Location Verification:
  • Creating a user profile is mandatory for accessing the Site and Services.
  • Users commit to providing accurate information on their Profile and updating it as necessary.
  • False or misleading information is prohibited, and corrections must be made promptly.
7.1.4 Identity and Location Verification:
  • Account verification involves validation against third-party databases and confirming identity, location, and business details.
  • BetleyHub may make inquiries and request official documents to validate information.
  • Account features may be temporarily limited during the verification process.
7.1.5 Usernames and Passwords:
  • Users must select a unique username and password during registration.
  • Confidentiality of credentials is the user’s responsibility.
  • Sharing credentials is prohibited.
  • Users must notify BetleyHub promptly of any unauthorized access or use.
  • BetleyHub assumes authorized usage based on provided credentials.
7.2 Account Types and Permissions
7.2.1 Independent Healthcare Facility (IHCF) Account:
  • Users can register under an Independent Healthcare Facility (IHCF) Account.
  • Varying permissions are granted to individuals acting on behalf of the IHCF Account.
7.3 User Authentication and Security
7.3.1 Identity Verification:
  • Verification processes, including government document validation, are implemented to confirm users’ identity, location, and business affiliation.
  • Account features are restored upon successful verification.
7.3.2 Usernames and Passwords Security:
  • Users are responsible for securing and maintaining the confidentiality of their chosen usernames and passwords.
  • Unauthorized sharing is prohibited.
  • Immediate notification of any suspicious activity is required.
7.4 Continuous Account Management and Improvements
7.4.1 Profile Updates:
  • Users should regularly update their profiles with accurate information.
  • BetleyHub encourages users to promptly correct any inaccuracies or changes in their profile details.
7.4.2 Security Enhancements:
  • BetleyHub continuously works to enhance security measures for user accounts.
  • Users are encouraged to stay informed about security updates and best practices.
7.4.3 User Education:
  • BetleyHub provides resources and information to educate users about account security and best practices.
  • Users are encouraged to utilize these resources to maintain a secure account.
7.4.4 Feedback Mechanism:
  • BetleyHub welcomes user feedback on account management processes.
  • Users are encouraged to provide suggestions for improvements.
Section 8: Professional Registration, Verification, and Insurance Obligations
8.1 Account Registration and Eligibility:
  • To access Platform Services, users must register and maintain a single active User account (“Account”).
  • Eligibility criteria include a minimum age of 18 or legal majority in the U.S., U.S. residency, and no prior ban from the Platform.
  • Users are limited to one Account unless expressly permitted otherwise by BetleyHub.
8.2 Accuracy in Registration Data:
  • Users commit to providing accurate and comprehensive information in the registration form, including health-care-related licenses, educational degrees, and professional certifications (“Registration Data”).
  • Maintaining up-to-date Registration Data is essential for accuracy.
  • Failure to provide accurate information may result in the suspension or termination of the Account.
  • Users should promptly update changes in contact information, professional credentials, and licensure status.
8.3 Authorization for Professional Data Verification:
  • BetleyHub conducts comprehensive verifications in alignment with The Joint Commission’s (“TJC”) requirements and Facility directives.
  • Verifications encompass identity, competence, and credentials and are conducted directly or through third-party vendors.
  • Users consent to the sharing of relevant information with Facilities for verification purposes.
8.4 Criminal Background Checks:
  • BetleyHub performs local, state, and federal background checks covering the past seven years.
  • Continuous authorization for these checks throughout active Requests.
  • Users should disclose any changes in criminal history promptly.
  • Facilities are notified of any convictions involving violent crimes, theft, possession or receipt of stolen property, and drug-related offenses.
8.5 Education and Licensure Verification:
  • Verification of education, licenses (including Compact State Licensure), certifications, and additional credentials.
  • Users authorize BetleyHub to conduct Education and Licensure Verification as necessary.
  • Timely update of any changes in education, licenses, and certifications is mandatory.
8.6 Social Security Number Validation:
  • BetleyHub validates social security numbers before the provision of Professional Services.
  • Authorization granted for Social Security Number Validation as required.
  • Users must ensure the completeness and accuracy of their social security information.
8.7 Previous Work Experience Verification:
  • Verification of relevant work and employment experience.
  • Users authorize BetleyHub to perform Previous Work Experience Verification.
  • Sharing comprehensive work history details, including responsibilities and achievements, is encouraged.
8.8 No Exclusions or Sanctions Verification:
  • BetleyHub verifies the absence of users from specific exclusion lists.
  • Authorization granted for Exclusions Verification.
  • Users should promptly inform BetleyHub of any changes in exclusion status.
8.9 Ongoing Checks and Verification:
  • Continuous authorization for BetleyHub to conduct Criminal Background Checks and Education and Licensure Verification during active Requests.
  • Users should notify BetleyHub of any changes in their professional status.
8.10 Provision of Additional Information:
  • Users commit to providing necessary documentation and information upon BetleyHub’s request.
  • Additional information may include updated resumes, certifications, and any changes in personal or professional circumstances.
8.11 Insurance Responsibilities:
  • Users, classified as independent contractors, are not covered by BetleyHub’s employee insurance.
  • Sole responsibility lies with users for maintaining their insurance, including workers’ compensation or occupational accident insurance.
  • Users must provide proof of insurance annually or upon any policy changes.
  • Injuries or liabilities incurred during Professional Services are not within BetleyHub’s insurance coverage.

Users not providing proof of insurance may incur a Trust and Safety Fee, contributing to BetleyHub’s professional liability and/or supplemental occupational accident insurance.

Section 9: Changes to Agreement:

This Agreement is subject to change at our discretion. Changes don’t apply to pending arbitrations. Regularly check for updates on the Website or Mobile Apps. Changes are effective immediately for new Users or 30 days after notice for existing users. Continued use post-change constitutes acceptance.

Changes to this Agreement will be indicated by updating the “Last Revised” date at the top of the document and will be made available on our Website and Mobile Apps. Newly registered Facility Users will immediately be subject to the updated Agreement, while existing users will have a 30-day grace period following the announcement of changes. Consent to the updated Agreement may be necessary before continued use of our Platform. Failure to consent to any modifications after notification will result in the discontinuation of Platform use. Otherwise, continued use will be deemed acceptance of the changes.

Section 10: Staffing Requests
10a. Completed and Recurring Requests:
  • 10a.1 Completed Request: Refers to the successful completion and delivery of Professional Services that meet the standards and requirements set forth by the Facility. This entails ensuring that the services provided are in line with the Facility’s expectations and specifications. Additionally, it involves obtaining formal acknowledgment or approval from the Facility upon the satisfactory completion of the services rendered.
  • 10a.2 Recurring Request: Denotes requests that are recurrent and follow a predetermined timetable. Facilities are accountable for establishing a transparent and well-defined schedule, while Professionals are obligated to maintain consistent adherence to it. This requires Professionals to demonstrate reliability and timeliness in executing assigned duties as per the scheduled appointments or shifts.
10b. Acceptance of a Request:
  • 10b.1 Professionals meticulously review Request details before acceptance, ensuring complete adherence to all specified requirements. This entails a comprehensive understanding of the scope, timelines, and any special considerations outlined in the request. Additionally, Professionals prioritize effective communication with Facilities to clarify any ambiguities and ensure alignment with the Facility’s expectations.
  • 10b.2 Upon acceptance, each Request is formally incorporated into this Agreement, thereby becoming an integral component thereof. Professionals commit to upholding the terms and conditions specified within the accepted Request, demonstrating their dedication to delivering exemplary services in alignment with the Facility’s requirements. This commitment underscores the Professional’s responsibility to fulfill their obligations promptly and effectively, ensuring the seamless provision of healthcare services within the Facility.
10c. Non-Delegation of Requests:
  • 10c.1 Professionals are expressly prohibited from delegating the execution of Professional Services to third parties. This strict guideline is in place to uphold accountability and maintain stringent quality control measures. By directly performing the services themselves, Professionals can ensure adherence to the highest standards and uphold the integrity of the services provided to the Facility.
  • 10c.2 Immediate notification to BetleyHub is mandatory if any attempt for payment or engagement by another user is detected in violation of this rule. Timely reporting is crucial for addressing any unauthorized activities promptly and safeguarding the integrity of the platform. This proactive approach ensures that appropriate measures can be taken swiftly to rectify any breaches of policy and maintain the trust and security of all users involved.
10d. Facility Cancellation of a Request:
  • 10d.1 Facilities retain the prerogative to cancel an Accepted Request before the commencement of Professional Services. In such cases, clear communication and justification are anticipated from the Facility to ensure transparency and mutual understanding. This practice fosters effective collaboration and allows for the resolution of any concerns or issues that may arise prior to the initiation of services.
  • 10d.2 BetleyHub acknowledges that non-cancellation cannot be guaranteed and respects the Facility’s decision in this regard. Open communication channels are encouraged to facilitate the resolution of any concerns or issues that may arise. This approach promotes transparency and collaboration, allowing for effective problem-solving and fostering a positive working relationship between BetleyHub and the Facility.
10e. Professional Cancelling an Accepted Request:
  • 10e.1 In the event that a Professional opts to cancel an Accepted Request within 24 hours of its scheduled start, BetleyHub reserves the right to temporarily pause their Account. This underscores the significance of reliability and the commitment to honoring scheduled services. Such measures are implemented to uphold the integrity of the platform and ensure the consistent provision of high-quality services to Facilities.
  • 10e.2 For further details and guidance, BetleyHub’s Community Resources offer valuable information. Professionals are encouraged to utilize these community resources to gain a better understanding of and adhere to cancellation policies effectively. This proactive approach facilitates clarity and compliance with platform guidelines, promoting professionalism and accountability among users.
10f. Facility Onboarding and Orientation:
  • 10f.1 Facilities are entrusted with the responsibility of conducting comprehensive onboarding processes, which encompass orientation to the unit, setting, policies, procedures, and relevant protocols. This meticulous onboarding is instrumental in ensuring a seamless integration of Professionals into the Facility’s environment, fostering a conducive atmosphere for collaboration and optimal service delivery.
10g. Timekeeping:
  • 10g.1 Professionals are mandated to accurately record all hours worked using both the Facility’s designated timekeeping systems and the BetleyHub Platform. This dual timekeeping approach is implemented to guarantee transparency and precision in documenting work hours, facilitating reliable and verifiable records for both the Facility and BetleyHub.
  • 10g.2 In the event of disputes, BetleyHub’s timekeeping data is deemed the accurate record, establishing the platform as the primary source for resolving any discrepancies. This protocol ensures consistency and reliability in addressing discrepancies, fostering trust and accountability within the BetleyHub community.
10h. Collaborative Responsibilities:
  • 10h.1 Professionals are obligated to promptly report any incidents related to the provision of Professional Services and strictly adhere to safety regulations. With safety as a top priority, incident reporting serves as a proactive measure to address potential issues swiftly and effectively. This commitment to safety underscores BetleyHub’s dedication to maintaining a secure and conducive environment for all users.
  • 10h.2 Reporting incidents can be conveniently done through an online form. This online reporting tool offers a quick and efficient means for Professionals to communicate incidents to BetleyHub, ensuring timely and streamlined incident management processes.
  • 10h.3 Compliance with OSHA and CDC regulations is an obligatory requirement. Adherence to these regulations is non-negotiable to ensure a safe and compliant work environment, prioritizing the health and well-being of all individuals involved.
Section 11: Professional Classification:

Facilities are responsible for selecting the Professionals they engage for Professional Services. While Facilities may require Professionals to undergo background checks and other verification processes, BetleyHub does not make representations about and disclaims all liability associated with the suitability, reliability, and timeliness of the Professional Services you provide to Facilities and their patients.

You acknowledge that you are an independent contractor and not an employee of BetleyHub. BetleyHub does not dictate your work hours or location. Each Facility determines the final type and rate of compensation for any Request.

Facilities are not permitted to enforce an exclusive relationship between you and the Facility. You have the freedom to perform Requests for any Facility and to engage with other persons or businesses, including competitors of the Facility. This Agreement does not establish a partnership or agency relationship between you and BetleyHub.

BetleyHub does not have the authority to enter into contracts, whether implied or express, on behalf of Facilities or Professionals. Any disputes related to the Professional Services must be resolved directly between you and Facilities.

Section 12: Fees:

BetleyHub shall remit to you the fees for the performance of the Professional Services, referred to as the “Fee for Professional Services.” The following terms apply to the Professional Fee:

Calculation: Unless you negotiate a different rate with the Facility, BetleyHub calculates the estimated rate for a particular Request based on base rates established through local market rates for the nature and type of Professional Services you will perform, adjusted for factors such as the type of Professional required, whether the Request is recurring, location, competencies, experience level required, and others. Facilities ultimately determine the rate they will pay for a particular Request (“Facility Set Rate”).

Facility Set Rate Specification: The Facility Set Rate associated with each Request will be specified as part of the Request listing before you accept and begin performing the Professional Services. Once you accept and start performing the Professional Services for any Accepted Request, the Facility Set Rate cannot be adjusted.

Extended Rate: For Professionals providing Professional Services in California, an enhanced fee (“Extended Rate”) is applicable. This rate is one and one half (1.5) times the hourly Facility Rate for working over eight but less than 12 hours in a Request. Additionally, for Professionals providing Professional Services in California, the Extended Rate is two times the hourly Facility Set Rate for working over 12 hours in a Request.

Professionals providing Professional Services in Colorado are eligible for an Extended Rate of one and one half (1.5) times the hourly Fee for Professional Services for working over 12 hours in a Request, within a single workday starting at the beginning of the workweek.

Professionals in other jurisdictions may also qualify for an Extended Rate if specified in the applicable Request.

For determining the Extended Rate, a “workday” is defined as starting at 12:00 p.m. and ending at 11:59 a.m.

For clarification, when providing Professional Services at the same Facility in California, Colorado, or another eligible Facility for an Extended Rate, whether it’s for a single Request spanning multiple days or across multiple Requests within a single workday, the Extended Rate calculation applies.

BetleyHub does not impose any deductions, charges, or service fees from the Professional Fee.

Payment Terms. BetleyHub shall remit the Fee for Professional to you in accordance with the terms outlined in the attached Appendix C. All Professional Fees are denoted in U.S. dollars unless explicitly stated otherwise by BetleyHub.

Tax Responsibilities: You bear sole responsibility for filing any necessary tax returns and making payments to any U.S. federal, state, or local tax authority regarding your provision of Professional Services and receipt of the Fee for Professional Service under this Agreement. You agree to assume full liability for adhering to all relevant state and federal regulations, including those pertaining to self-employed individuals, such as tax payments, social security, disability, and other levies based on the Fee for Professional Service remunerated to you by Facilities under this Agreement. BetleyHub will not withhold or remit payments for taxes, social security, unemployment insurance, disability insurance contributions, or procure workers’ compensation insurance on your behalf. BetleyHub does not provide tax advisory services.

The "Facility Set Rate" will also be denoted as the "Facility Rate." Similarly, the "Fee for Professional Service" will also be known as the "Professional Fees."
Section 12(b): Non-Circumvention Policy:

The continued success of BetleyHub depends on maintaining a dynamic and mutually beneficial ecosystem of healthcare professionals (“Professionals”) and healthcare facilities (“Facilities”). To ensure the integrity of this system, you agree to the following Non-Circumvention Policy:

  1. Exclusive Use of BetleyHub for Requests and Payments: You are required to use the BetleyHub Platform exclusively for all Requests and payments related to Professional Services that were initiated or secured through the Platform. This obligation extends for a period of twelve (12) months following the completion of your last fulfilled Request (the “Non-Circumvention Period”).
  2. Restricted Engagement During the Non-Circumvention Period: During the Non-Circumvention Period, you are prohibited from directly or indirectly engaging in any Professional Services with any Facility with whom you initially connected via the BetleyHub Platform (the “BetleyHub Relationship”) outside of the Platform. This includes making Requests, performing services, or receiving payments without using BetleyHub’s Platform as the intermediary.
  3. Prohibited Conduct: The following actions are considered violations of this Agreement during the Non-Circumvention Period:
    • If a Facility suggests or offers to pay you outside of the BetleyHub Platform for any Professional Services provided or requested through the Platform, and you knowingly accept such payments.
    • If you offer, provide, or accept Professional Services from a Facility with whom you were initially connected via BetleyHub, outside of the Platform, without BetleyHub’s prior written consent.      

By adhering to this Non-Circumvention Policy, you help maintain the integrity and efficiency of the BetleyHub Platform, ensuring a fair and reliable marketplace for all users. Violation of this policy may result in penalties or account termination as outlined in the Agreement.

Declining Participation" or "Choosing to Withdraw:

You have the option to waive the restriction outlined in Section 12 (b)concerning any BetleyHub Relationship by remitting an opt-out fee to BetleyHub. This fee amounts to 17.5% of the anticipated annualized salary or wages for one year, should the Facility propose regular employment or per-diem arrangements with you (“Choosing to Withdraw Fee”). BetleyHub reserves the right, at its sole discretion, to determine whether you have violated Section 12 b1. If a breach is identified, BetleyHub or its affiliates may choose, at their discretion:

  1. Issue an invoice for Choosing to Withdraw Fee (inclusive of interest), which you must settle within 30 days.
  2. Terminate your Account and revoke your authorization to access our Platform; and/or
  3. Bill you for all incurred losses, expenses, and reasonable fees (including attorney fees) associated with investigating the breach and collecting the fees.
  4. To remit the Choosing to Withdraw Fee, you must request instructions by sending an email to support@betleyhub.com.

 

Ancillary Agreement. You recognize and consent that the primary objective of this Agreement is to formalize the Services rendered via BetleyHub and its Platform. Furthermore, you acknowledge that this non-Circumvention section serves as a supplementary, secondary, and complementary component to that primary business objective.

Section 13. Disputes Between You and BetleyHub
In the event of a dispute, the resolution process applicable to you is explicitly outlined in the agreement with BetleyHub. This mandatory agreement is a prerequisite for creating your account and gaining access to BetleyHub’s marketplace. It ensures a structured and transparent approach to dispute resolution, fostering trust and accountability within the platform.

Section 14. General
14.1 Entire Agreement

These Terms of Service constitute the comprehensive agreement and understanding between you and BetleyHub regarding the subject matter. They not only supersede but also nullify any prior or contemporaneous discussions, agreements, representations, warranties, and other communications—whether written or oral—related to the subject matter. The inclusion of section headings is for reference ease and carries no binding effect. Despite BetleyHub’s role in drafting the Terms of Service, your confirmation of having sufficient time to review and decide ensures a fair and informed agreement. In cases of ambiguity, no presumption or burden of proof will arise favoring or disfavoring either party based on the authorship of any provision.

14.2 Modification: Waiver

Any modification or amendment to the Terms of Service must be agreed upon in writing by a duly authorized representative of BetleyHub or posted on the Site by BetleyHub. Email does not meet the criteria of a written instrument under this section. The failure to act in response to a breach by you or others does not waive BetleyHub’s right to act in response to subsequent or similar breaches. BetleyHub does not guarantee acting against all breaches of this Agreement.

14.3 SEVERABILITY; INTERPRETATION


If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable under applicable law, it will only be ineffective in the jurisdiction where such illegality, invalidity, or unenforceability arises. The provision will be modified to the extent necessary to comply with applicable law and achieve the intended effect of the parties. The illegality, invalidity, or unenforceability of a provision in one jurisdiction will not affect its validity or enforceability in any other jurisdiction, nor will it affect the validity or enforceability of any other provision in any jurisdiction. This Agreement survives termination. If any provision is held invalid, remaining provisions are fully enforced under the law.

14.4 CONSENT TO USE ELECTRONIC RECORDS

Concerning the Terms of Use for the Site and Services outlined below, you may have the opportunity to receive certain records from BetleyHub or its affiliates, such as contracts, notices, and communications, in written form. To streamline your use of the Site and the Site Services, you grant us permission to deliver these records to you electronically instead of in traditional paper form. By providing your consent to receive electronic records, you acknowledge the benefits of efficiency, accessibility, and convenience associated with electronic communication. You also understand that you have the right to withdraw your consent to electronic records at any time, upon written request to BetleyHub. However, please note that withdrawal of consent may impact your ability to access certain features or services of the Site and the Site Services.

14.4.1 Electronic Messages:

The terms outlined in this section apply to individuals who: (1) subscribe to receive text or SMS/MMS messages from BetleyHub, (2) send messages to BetleyHub via SMS or MMS, or (3) authorize autodialed calls as per these Terms. By signing up for BetleyHub’s text alert program or consenting to text messages or calls in accordance with these Terms, you explicitly agree to receive such communications on behalf of BetleyHub under the following circumstances (referred to as the “Text Services”):

Operational communications regarding your user account, registration progress, use of BetleyHub’s Site Services, or features available in connection with BetleyHub’s Site Services.

Communications regarding available shifts, work assignments with BetleyHub users.

Updates concerning BetleyHub and industry developments that may affect your relationship with BetleyHub.

Account verification communications.

The Text Services may include messages that contain or could be considered marketing content, and you expressly consent to receiving such marketing messages. You can opt out of the Text Services at any time by texting the word STOP to +1 (323) 439-8092 from your enrolled mobile device. Upon opting out, you will receive one additional message confirming that you will no longer receive messages from BetleyHub related to the Text Services. For assistance with the Text Services, text the word HELP to the provided number. There is no fee for using the Text Services; however, your mobile carrier may charge you for each message sent or received, depending on your messaging or phone plan. It is your responsibility to be aware of any per-message costs imposed by your carrier. BetleyHub assumes no responsibility for charges incurred by your use of the Text Services. The number of messages included in the Text Services may vary, and the services may not be always available in all areas. SMS/MMS messages are distributed via a network of service providers, and BetleyHub cannot guarantee their availability or performance. This means that BetleyHub may not be able to successfully transmit SMS/MMS messages to you, and BetleyHub is not liable for any delays or failures in message transmission. Additionally, the Text Services may not function properly in the event of changes made by your wireless carrier or changes to your mobile device. You are responsible for providing your own wireless device, subscribing to a wireless service with a participating mobile carrier, and ensuring that your device can receive text messages through your carrier’s service.Top of Form

14.5 Unforeseeable Circumstances

The parties engaged in these Terms of Service shall not be liable for failing to fulfill, or for any delay in fulfilling, any obligation hereunder for a reasonable duration due to uncontrollable circumstances. Such circumstances include, but are not limited to, labor disputes, accidents, fires, floods, telecommunications or Internet outages, strikes, wars, riots, civil unrest, blockades, government actions, regulatory requirements, or legal restrictions, or any other conditions beyond the reasonable control of the party affected.

14.6 Prevailing Language and Location

In the event of any inconsistencies between translated versions, if available, the English language version of the Terms of Service will take precedence and govern all aspects. This provision ensures clarity and uniform interpretation across all users, irrespective of language variations.

14.7 Assignability

You must obtain prior written consent from BetleyHub, in the form of a written instrument signed by an authorized representative, to assign the Terms of Service or any rights or obligations herein. However, BetleyHub has the liberty to freely assign these Terms of Service without requiring your consent. Any attempt to assign or transfer in violation of this provision is considered void. Nonetheless, these Terms of Service remain binding and beneficial to the successors, heirs, and permitted assigns of both parties.

Section 15 Payment Methods: Financial Transactions and Authorization Protocols

To access specific Services, Users are required to furnish account information for at least one valid payment method. By utilizing the Services, you grant BetleyHub the authorization to conduct credit card authorizations on all cards provided by you. Additionally, you authorize the storage of credit card and banking details as your designated payment method. BetleyHub is further permitted to charge your credit card or any other specified payment method for the fees and other amounts owed in accordance with the Terms of Service.
In compliance with applicable laws, you acknowledge and agree that BetleyHub may employ third-party vendors and service providers to process payments and manage your payment method information.

By furnishing payment method information on the Site and authorizing payments, you represent, warrant, and covenant that:
      (a) You are legally authorized to provide such information.
      (b) You are legally authorized to make payments using the specified payment method.
      (c) If you are an employee or agent acting on behalf of a company or individual that owns the payment method, you have explicit authorization to use the  payment method for transactions on BetleyHub.
      (d) Such actions do not breach the terms and conditions governing the use of the payment method or any applicable laws.


When authorizing a payment via the Site, you further declare and assure that there are adequate funds or credit available in the designated payment method to complete the transaction. In instances where amounts owed under these Terms of Service cannot be collected from your payment method, you are solely responsible for settling these amounts through alternative means.
This comprehensive approach to payment methods ensures a secure and transparent financial engagement, while also emphasizing the user’s responsibility for ensuring sufficient funds and compliance with applicable regulations.

Section 16: Arbitration Agreement:

Your careful attention to this agreement is crucial, as it affects your rights concerning participation in mass or class actions.

Professional Users and Facility Users: If you fall into either of these categories, please note that this arbitration provision doesn’t apply to you. Instead, you are bound by the arbitration provision in the Professional Agreement located at https://betleyhub.com or the Facility Agreement located at https://betleyhub.com.

You and BetleyHub both agree to resolve any disputes arising from these Terms or the use of the Platform through final and binding arbitration. This arbitration will be conducted individually, rather than as part of any class, collective, coordinated, consolidated, mass, and/or representative action. This agreement prohibits both parties from initiating or participating in such actions against each other or seeking relief in any current or future class, collective, coordinated, consolidated, mass, and/or representative actions initiated by others against you and BetleyHub.

For disputes arising in California, arbitration will be administered by ADR Services, Inc. (“ADR”) in accordance with ADR’s Arbitration Rules (“ADR Rules”), unless otherwise agreed upon in writing by the parties. The ADR Rules can be accessed at www.adrservices.com or by searching for “ADR Arbitration Rules” on search engines like www.google.com or www.bing.com. In cases outside of California (or if ADR is unable or unwilling to administer arbitration in California), the parties must attempt to select a neutral arbitration provider through mutual agreement. If no agreement is reached, either party may invoke 9 U.S.C. § 5 to request a court of competent jurisdiction to appoint an arbitration provider operating in the state where the dispute arose. Any arbitration provider appointed by the court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis.

Regardless of any other provisions in these Terms, the parties acknowledge that this Arbitration Agreement pertains to interstate commerce and that the Federal Arbitration Act, 9 U.S.C. §1 et seq., governs its interpretation, enforcement, and proceedings.

Section 16.a: Arbitration Rules and Governing Law:
  • For Disputes in California: Administered by ADR Services, Inc. under ADR Rules.
  • For Disputes outside California: Parties must mutually agree on an arbitration provider or seek court appointment.
Section 16.b: Decisions Regarding Arbitrability:
  • The arbitrator holds exclusive authority to resolve disputes related to interpreting, applying, enforcing, or forming this Agreement.
  • Exceptions exist for certain matters resolved by a court of competent jurisdiction.
Section 16.c: Arbitration Process:
  • To initiate arbitration, a written demand must be sent to the other Party and filed with the arbitration provider.
  • The arbitrator’s decision is final and binding.
Section 16.d: Application to Third Parties:

This Agreement binds third parties if their claims arise from or relate to Platform use.

Section 16.e: Exceptions to Arbitration:

Parties have the right to seek interim relief in court for certain matters.

Section 16.f: Arbitration Costs:

Costs are split equally for Disputes between BetleyHub and Facilities.

BetleyHub covers arbitrator’s fees and expenses for Disputes between BetleyHub and Professionals

Section 17: Miscellaneous Provisions
  • Survival:

Upon termination of these Terms of Service as to you, the provisions explicitly or inherently requiring performance after such termination will persist and remain fully effective. Notwithstanding the termination of these Terms of Service for any reason, neither you nor BetleyHub will be released from any obligations incurred before such termination or that may subsequently arise regarding any act or omission before such termination.

  • Governing Law: These Terms will be governed by and interpreted in accordance with the laws of the state where your dispute arises, without regard to the principles of choice or conflict of laws of any jurisdiction, unless specified otherwise in Section 16 or in additional terms applicable to you. This provision applies solely to the interpretation of these Terms and does not extend any state’s law to you if the dispute did not originate in that state.
  • Any dispute, claim, or controversy arising from incidents or accidents resulting in personal injury (such as sexual assault or harassment claims) allegedly occurring in connection with your use of the Platform, whether before or after agreeing to these Terms, will be governed by the laws of the state where the incident or accident occurred.
  • Forum Selection: Any dispute, claim, or controversy not subject to Section 16 and arising from or related to these Terms or their existence, breach, termination, enforcement, interpretation, or validity, will be exclusively brought in the state and federal courts of the state where the dispute, claim, or controversy arose, regardless of other courts’ jurisdiction over the parties and subject matter, unless specified otherwise in the above agreement or in supplemental terms applicable to you.
  • However, any dispute, claim, or controversy arising from incidents or accidents resulting in personal injury (including sexual assault or harassment claims) allegedly occurring in connection with your use of the Platform, whether before or after agreeing to these Terms, will be exclusively brought in the state or federal courts of the state where the incident or accident occurred, subject to any contrary provisions in the above agreement or in supplemental terms applicable to you and to the extent permitted by law.
  • The foregoing Choice of Law and Choice of Forum provisions do not apply to Section 16; please refer to Section 6 for the applicable provisions regarding such disputes.
  • Notification: BetleyHub may provide notice through various means, including general notices on the Platform, email to your Account’s associated email address, telephone or text message to any provided phone number, or written communication sent by mail. Such notice is considered given upon expiration of 48 hours after mailing or posting (if sent by mail) or at the time of sending (if sent electronically or through the Platform). You can give notice to BetleyHub at any time by mail to our registered agent for service of process, c/o BetleyHub, Inc.
  • General: You may not assign these Terms without BetleyHub’s prior written approval. BetleyHub may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of BetleyHub’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, BetleyHub, or any third-party provider as a result of these Terms or use of the Platform. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Titles and subject headings in these Terms are provided for convenience only and may not be used to interpret the terms herein. BetleyHub’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BetleyHub in writing. These Terms, together with any supplemental terms, guidelines and policies referenced in any of the foregoing, constitute the entire agreement between the parties with regard to the subject matter herein. This provision shall not affect the Severability and Survivability section of the agreement in these Terms.
  • California Users & Residents: According to California Civil Code §1789.3, consumers may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Section 18. BetleyHub’s Representation, Warranties, and Disclaimers:

BetleyHub affirms that neither BetleyHub, any of its principals, nor any of its employees providing Services under this Agreement, maintain personal or business relationships with any department of the Facility involved in this Agreement or authorizing payment for the Services, except as established under this Agreement and the Services provided herein. It’s important to note that nothing in this Agreement prevents any principal, employee, or agent of BetleyHub from receiving healthcare services from the Facility.

BetleyHub warrants that at the time of executing this Agreement, neither BetleyHub nor any of its directors, officers, or employees delivering Services hereunder have been suspended, excluded, barred, or sanctioned by OIG/GSA, nor have they been convicted of any criminal offense related to healthcare. BetleyHub shall promptly inform the Facility upon discovering any proposed or taken actions against the aforementioned.

Regarding warranties, BetleyHub disclaims all warranties except for those explicitly provided above. BetleyHub does not ensure the availability, quality, suitability, safety, or ability of any Professional or Professional Services. Facilities acknowledge that the entire risk associated with any Professional Services or other services provided to any Facility in connection with the use of the Platform lies solely with the Facility and the Professional, to the maximum extent permitted by applicable law. BetleyHub does not exercise control, management, or direction over any Professionals. Professionals are not considered actual agents, apparent agents, ostensible agents, or employees of BetleyHub.

Section 19. Questions and Concerns:

If the Facility has any inquiries, grievances, or assertions regarding our services under this Agreement, we encourage reaching out to us using the contact details provided below. We are committed to resolving Facility’s concerns to the best of our ability. Should Facility feel that their concerns were not adequately addressed, we welcome further communication for thorough investigation.

Mail:

BetleyHub, LLC

Attention: Support

ADDRESS: P. O. BOX 721021

OKC, OK 73172

Section 20. Compliance:
  • Access to Documentation: As mandated by applicable law, both parties shall retain access to the contract, books, records, and documents necessary to validate the nature and extent of the services rendered under this Agreement. Upon written request, this access shall be maintained for a period of four (4) years after the completion of services. Should either party fulfill its obligations under this Agreement through a subcontract exceeding a value of $10,000, said party undertakes to incorporate this requirement into any such subcontract.
  • HIPAA COMPLIANCE: Both parties recognize Facility as a “Covered Entity” under 45 C.F.R. § 160.103 and agree to adhere to the applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), along with related regulations. This includes compliance with federal privacy regulations, security standards, breach notification rules, and standards for electronic transactions outlined in 45 C.F.R. Parts 160 and 164.

It’s acknowledged that BetleyHub does not necessitate access to or receive Protected Health Information (PHI) as defined in the Federal Privacy Regulations to fulfill its services under this Agreement. Consequently, BetleyHub is not considered a Business Associate of Facility. Should BetleyHub require access to PHI, the parties commit to entering into additional agreements, including a Business Associate Agreement, to ensure the confidentiality and security of such information.

For HIPAA purposes, Professionals are recognized as part of Facility’s “Workforce” as defined in 45 CFR 160.103.

  • Fraud and Abuse: The parties mutually recognize that the compensation outlined in this agreement reflects fair market value for the services provided. They affirm that nothing within this agreement obligates them to exchange referrals for services. Both parties commit to conducting themselves in accordance with all federal and state laws, rules, and regulations pertinent to the services rendered, including those pertaining to fraud and abuse within the Medicare and Medicaid Programs.

Furthermore, they agree that the benefits derived from this agreement do not mandate, constitute payment for, or rely upon any arrangement for the provision of services reimbursed under federal or state health care programs, such as Medicare or Medicaid.

Section 21. Indemnification:
  1. By Healthcare Facility: Facility Users undertake to indemnify, defend, and hold harmless BetleyHub, its affiliates, trustees, officers, agents, and employees from any claim, action, investigation, or proceeding (“Claim”) arising from or in connection with their Request. This includes, but is not limited to, Claims related to the Professional Services provided by any Professional as part of a Request, personal injury, death, property damage, and any Claims asserting that a Professional was misclassified as an independent contractor. Additionally, Facility Users agree to indemnify BetleyHub against liabilities resulting from a determination by a court, arbitrator, government agency, or other body that a Professional was misclassified. This includes taxes, penalties, interest, and attorney’s fees. Facility Users further indemnify BetleyHub against Claims alleging that BetleyHub was an employer or joint employer of a Professional. This indemnification extends to Claims under employment-related laws, such as those concerning employment termination, discrimination, harassment, or retaliation. It also encompasses Claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, workers’ compensation benefits, unemployment benefits, or any other employee benefits.
  2. Mutual Indemnity: Subject to the limitation of liability provision set forth in this Agreement, each party agrees to indemnify, defend, and hold harmless the other party, its affiliates, trustees, officers, agents, and employees from any judgments, damages, costs, and expenses, including reasonable attorney’s fees, resulting from any Claim arising out of its own grossly negligent acts or omissions or willful misconduct in the performance of this Agreement.
  3. Indemnification Process: The indemnified party shall: (a) promptly notify the indemnifying party in writing of any Claim arising from the indemnified activities, within a reasonable time frame to avoid prejudicing the rights of the indemnifying party; (b) assist the indemnifying party, at its reasonable expense, in preparing and defending against such Claim; and (c) not settle or compromise the Claim without the written consent of the indemnifying party, which consent shall not be unreasonably withheld. Furthermore, the indemnifying party shall not settle or compromise any Claim without the written consent of the indemnified party, which consent shall not be unreasonably withheld. This provision does not prohibit the indemnified party from participating, at its own expense, in the defense of any claims through its chosen counsel.
  4. Notification of Claims: The parties commit to promptly notify each other in writing of any incident, occurrence, or Claim arising from or related to this Agreement that could lead to liability for the other party. Additionally, the notified party has the right to investigate the incident or occurrence, and the notifying party agrees to fully cooperate in this investigation.
Section 22. Limitation of Liability:

BetleyHub will not be responsible for any harm, liabilities, or losses arising from the provision of Professional Services or any actions, omissions, transactions, or relationships between Facilities and Professionals, irrespective of any disclaimers or limitations specified in the Terms of Service or elsewhere in this Agreement. This limitation encompasses all forms of damages, liabilities, or losses, whether direct, consequential, special, or otherwise, even if BetleyHub has been advised of the potential for such damages. Additionally, BetleyHub will not be held liable for delays or failures in performance due to factors beyond its reasonable control. Unless otherwise agreed in writing between you and BetleyHub, we shall not be liable, and you agree not to hold us accountable, for any damages or losses arising from or related to the Terms of Service, including, but not limited to:

  • Your use of or inability to use our Site or Services.
  • Delays or disruptions in our Site or Services.
  • Viruses or other malicious software obtained by accessing, or linking to, our Site or Services.
  • Glitches, bugs, errors, or inaccuracies of any kind in our Site or Services.
  • Damage to your hardware device from the use of the Site or Services.
  • The content, actions, or inactions of third parties’ use of the Site or Services.
  • Reviews, ratings, suspensions, deactivation, or other action taken with respect to your Account.
  • Your reliance on the quality, accuracy, or reliability of posted shifts, User Profiles, ratings, recommendations, and feedback (including their content, order, and display), composite information, or metrics found on, used on, or made available through the Site; and
  • Your need to modify practices, content, or behavior or your loss of or inability to do business, because of changes to the Terms of Service.

Additionally, in no event will BetleyHub, our affiliates, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. These limitations will apply to any liability arising from any cause of action whatsoever arising out of or in connection with these Terms of Service, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some states and jurisdictions do not allow for all the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.

It is important to note that the limitations and disclaimers outlined in this section do not seek to restrict liability or alter rights that cannot be excluded under applicable law. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, BetleyHub’s liability shall be limited to the extent permitted by law. It is imperative to understand that this provision does not impact the choice of law provision set forth elsewhere in this Agreement.

Section 23. INSURANCE:
  • Professionals: Professionals engaged through BetleyHub are independent contractors and are not considered employees of BetleyHub. Consequently, they are not covered by any insurance provided to BetleyHub’s employees, including health insurance, workers’ compensation insurance, general liability insurance, or automobile liability insurance. Professionals are solely responsible for maintaining their own insurance coverage, including workers’ compensation or occupational accident insurance. Should a Professional sustain an injury while providing services within the scope of a Request, they will not be covered by any workers’ compensation insurance provided to BetleyHub’s employees. Additionally, if a Professional’s actions result in injury to a third-party during service provision, they will not be covered by any general liability, professional liability, or automobile liability insurance held by BetleyHub. BetleyHub does not commit to defending or indemnifying Facility in such situations and expressly denies any obligation to do so.
  • Required Coverage: Throughout the duration of this Agreement, both BetleyHub and Facility are required to maintain the following insurance coverage with limits not less than those specified:

Commercial General Liability insurance coverage with limits of $3,000,000 per occurrence and $5,000,000 in the aggregate. These limits may be met through a combination of primary and excess insurance.

Professional Liability/Errors and Omissions insurance, with minimum limits of $3,000,000 for each wrongful act and $5,000,000 in the aggregate. Claims-made coverage is acceptable, provided the policy retroactive date for coverage is no later than the Agreement’s commencement date and is continuously maintained during all periods in which Facility utilizes BetleyHub’s services through the Platform. Coverage must remain in force with the retroactive date maintained for an additional three years after services are rendered pursuant to this Agreement.

Furthermore, Facility must maintain Workers’ Compensation insurance with statutory limits and Employers Liability coverage with limits of $500,000 per accident, $500,000 per illness per employee, and $500,000 per illness aggregate. Facility agrees to waive all rights of recovery and ensure its insurers waive all rights of subrogation against BetleyHub, its officers, directors, employees, and agents regarding injuries to Professionals while providing services to Facility.

Any self-insurance arrangements must adhere to an actuarially sound program of self-insurance.

Both parties must make reasonable efforts to provide written notice to the other party before any adverse material changes in the required insurance coverage.

Upon request, each party shall furnish certificates of insurance to the other party, providing sufficient information to verify compliance with the insurance requirements outlined in this Agreement.

Section 24. Independent Relationship: Each party shall maintain independent status and shall not be deemed an agent or representative of the other party. Consequently, neither party shall bear liability for the acts or omissions of the other party. Furthermore, neither party, nor any of its employees, agents, or subcontractors, shall be considered employees or agents of the other party. Therefore, neither party, nor any of its employees, agents, or subcontractors, shall be entitled to compensation, workers’ compensation, or employee benefits from the other party by virtue of this Agreement.

Section 25. Assignment and Enforceability: Assignment of these terms is subject to prior written approval from BetleyHub. However, BetleyHub reserves the right to assign these terms without the consent of the other party to: (a) a subsidiary or affiliate; (b) an entity acquiring BetleyHub’s equity, business, or assets; or (c) a successor by merger. Any attempt to assign these terms without BetleyHub’s approval shall be deemed void. In the event of a valid assignment, subcontract, or transfer of rights, this Agreement shall remain binding upon the parties and their respective successors or assigns.

Section 26. Waivers: Any waiver by BetleyHub of any terms or provisions herein shall not serve as a waiver of such term or provision for any other purposes.

Interpretation of Agreement: The headings utilized in this Agreement are provided for convenience only and shall not govern, impact the meaning of, or be construed as an interpretation of any provisions herein. This Agreement is drafted based on the mutual understanding of the parties and shall not be construed against either party due to one party’s role as the drafter.

Section 27. Use of Name or Trademarks: Neither party shall utilize the name, logos, or trademarks of the other party in any manner, including advertising, promotional material, press releases, publications, public statements, or announcements, without the prior written consent of the other party. However, BetleyHub reserves the right to include the name, address, and telephone number (excluding logos or trademarks) of Facility in listings or marketing materials distributed by BetleyHub referencing Facility as a customer and user of the services provided pursuant to this agreement.

Section 28. Non-Exclusivity: Unless specifically agreed upon by the parties herein, this Agreement represents a non-exclusive offer for Facility to access the Platform and Services provided by BetleyHub. Facility retains the freedom to engage with any other entity offering services similar or identical to those described herein.

Section 29. TERMINATION OF TERMS OF SERVICE
Section 29.1 TERMINATION

BetleyHub reserves the right to terminate these Terms of Service at its discretion, with or without cause, upon written notice to you, unless otherwise agreed in writing. If you properly terminate these Terms of Service, your access to the Site and Services will be revoked, and your Account will be permanently deactivated. Termination of these Terms of Service does not relieve you of any obligation to pay outstanding fees. You remain responsible for any accrued but unpaid amounts up to the termination date or the closure of any open invoice, whichever is later.

BetleyHub may temporarily or permanently restrict your access to the Site or Services, deny registration, or deactivate your Account if:

  • You violate any terms of these Terms of Service.
  • Provide false or misleading information.
  • Engage in actions that may result in legal liability or harm to BetleyHub, its Users, or affiliates.
  • If required by law or legal process. Re-registration under a new Account without prior written consent is prohibited. Any attempt to use the Site under a different Account may result in the reclaiming of funds and payment obligations.

You acknowledge that transparency regarding Account status is crucial for the Site’s reputation and goodwill.

Section 29.2 Survival

Once these Terms of Service are terminated for you, the obligations that continue after termination will still be in effect and enforceable. The termination of these Terms of Service does not exempt you or BetleyHub from any obligations that were already in place before termination or any obligations that may arise from actions or omissions that occurred before termination. This means that both parties must still fulfill any outstanding commitments or responsibilities even after the termination of the agreement.Top of Form

Appendix C: Payment Options

To access certain services on BetleyHub, Users are required to provide details for at least one valid payment method.

By submitting payment method details, you grant BetleyHub authorization to:

  • Conduct credit card authorizations on all provided credit cards.
  • Retain credit card and banking information as your payment method.
  • Debit your credit card (or any alternative payment method) for applicable fees and any other amounts owed in accordance with the Terms of Service.

You acknowledge that, subject to applicable laws, BetleyHub may utilize third-party vendors and service providers to manage payments and store your payment method details.

By providing payment information and authorizing payments through the Site, you represent, warrant, and agree that:

  1. You are duly authorized to provide such payment information.
  2. You are legally authorized to execute payments using the designated payment method.
  3. If acting as an employee or representative of a company or individual that owns the payment method, you have the proper authorization to use the payment method for transactions on BetleyHub.
  4. Your actions comply with the terms and conditions governing the use of the payment method and with all applicable laws.

When authorizing a payment via the Site, you confirm that there are sufficient funds or credit available to complete the transaction using the selected payment method. If BetleyHub is unable to collect any amounts owed due to insufficient funds or credit, you are solely responsible for settling the outstanding amounts using alternate payment methods.

BetleyHub will not be held liable if a transaction fails to complete due to any legal limitations, restrictions imposed by your financial institution, or if the financial institution declines to honor any credit or debit transaction linked to the provided payment method.

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