Terms & Condition

MHEGURU > Terms & Condition

Non-Circumvention Policies

We expend tremendous resources to provide our platform and services, to connect you with Customers and to provide Customers those services. You are prohibited from making side-agreements or engaging in activities that can be deemed competitive to MHEGURU with any user outside of our platform.
Once introduced to a Customer on our platform, you are prohibited from entering into any business transactions or agreements with any Customer outside of our Platform at all times during your use of our platform and for a period of two years thereafter.
You also agree not to receive direct payments from any of Customers for the services you provide and you will only offer your services to Customers through our platform. We will terminate a Service Engineer’s access to and use of the Website if such Service Engineer is found to be accepting payment outside the Service for any Customer found through the Service.
Remedies for Violation of this Section. You recognize and agree that any violation of the disintermediation and non-circumvention provisions set forth above, either during the term or for two years after the termination of this Agreement, will cause irreparable harm to MHEGURU. In the event that you violate or threaten to violate any of these provisions, at any time during this Agreement or after, MHEGURU will have the right to enforce these terms by means of injunctive relief, in addition to money damages and other available legal remedy. You agree to pay MHEGURU the cost of pursuing judicial enforcement of this Agreement, including attorney’s fees and costs.

Service Engineer Responsibilities

Service Engineers are solely responsible for ensuring that any information, solicitations, or advertisements they post or place on the Platform, including without limitation User Content, and any communications they may have with prospective Customers through the App or the Service, fully comply with our Acceptable Use Policy, all applicable laws and rules of professional conduct, including those concerning the form, manner or content of communications with clients, advertising, or other matters. Service Engineers are responsible for ensuring that information such as address, certifications, insurance, and related skills are up to date.

Consent to Receive SMS Messaging and Communications

When using the Service, Service Engineer consents to receive communications from Customer via SMS messaging, or audio and video call. Cell phone or network data charges may apply. You acknowledge that MHEGURU has no involvement, control, or liability for the between Service Engineers and Customers. The Platform may only be used for communication about the Work Order and no other purpose.

Payment of Service Engineers

Certain specific terms govern Service Engineers and payment.

MHEGURU does not introduce Customers to Service Engineers and does not help Service Engineers secure engagements. We facilitate to connect the enquiry from the customer to the most suitable Service Engineer available as per the defined criteria and experience and collect fees on the Service Engineer’s behalf directly from the Customer. Thus, MHEGURU does charge a certain fee for each transaction facilitated by us in exchange for the services we provide to our Users. We may change the transaction fee in our sole discretion. Service Engineers will be notified of any changes in the transaction fee.
Payment of Fee to Service Engineer. Service Engineer will only be paid after Service Engineer: (a) has completed all services and tasks relating to the project, (b) has uploaded and sent to the Customer via the Platform all necessary electronic work completion / closure reports as required in the Work Order (c) has verified, via the Platform, that the services, tasks, and document upload have been completed, and (d) the Customer has accepted, via the Platform, the services and otherwise made no complaints concerning the nature, quality, or timeliness of the work.
MHEGURU will on a periodic basis issue payment to Service Engineers to the payment account connected to Service Engineer’s Account. . In order to receive payment, Service Engineer must connect a bank account that matches the identity of the entity or individual account registered to do business through MHEGURU. The amount of time it takes to transfer funds out of Service Engineer’s Account may vary. MHEGURU makes no guarantee about the time it takes to complete a funds transfer request. Once payment is made to a Service Engineer, we will have no further financial obligation related to the transaction.
Additional work assigned. If a service call requires additional work to be completed apart from the scope described by the Customer, than the proposed nature of service results in an increase in the price, Service Engineer must obtain Customer’s approval and inform MHEGURU team, and Customer must accept to make the additional payment for the same to MHEGURU before any extra work may be rendered by the Service Engineer. The Platform will provide a function that allows the Service Engineer to carry additional services and subsequently provide the Customer the opportunity to accept such a request.
Service Engineers are Independent Professionals and are responsible for reporting their income to the Income tax authorities and paying taxes appropriately. TDS will be deducted and GST wherever applicable will applied for Service Engineers. Service Engineers are responsible for ensuring that appropriate tax-related information (i.e. GSTIN and PAN) associated with their Account is up to date. MHEGURU is only responsible for issuing TDS certificates to the individual or entity identified in the Service Engineer’s Account. Service Engineers will perform the Job as an independent Professionals and nothing in this Agreement will be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Service Engineer and Customer or between MHEGURU and any Service Engineers or any Customers. MHEGURU, however, has no liability to the Service Engineers or any Customers if a determination legal or otherwise is made by a federal, state or local agency or authority that any Customer is a joint employer of the Service Engineers, or that the Service Engineers are employees of MHEGURU and/or of the Customer.

Background Checks

MHEGURU does a thorough background check along with the complete KYC for every Service Engineer before registering him in the database of pool of Service Engineers.

Indemnification

In addition to the indemnity provisions located in our general Terms of Use, Service Engineer will defend, indemnify and hold harmless MHEGURU, it’s Affiliates, Authorized Users, and each of their respective directors, officers, employees, shareholders and agents and all of their respective successors and permitted assigns (the “Indemnified Parties”), from and against any and all suits, claims, actions, liabilities, losses, damages, costs and expenses (including, but not limited to, interest, penalties, reasonable attorneys’ fees and other expenses of litigation) and causes of action of whatsoever kind (collectively referred to as “Claims”) which may be incurred by, asserted against, or recoverable from any Indemnified Party arising out of or relating to (1) any negligent acts or omissions of Service Engineers or its agents, employees or representatives in the performance or omission of any act or responsibility assumed by Service Engineer under this Agreement; or (2) any contract entered into by you or your agents, including, but not limited to, the classification of a Service Engineer as an independent Professionals; the classification of MHEGURU as an employer or joint employer of Service Engineer; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.

Insurance

Service Engineers will maintain the following insurance:

Workers Compensation

Worker’s compensation and all other employee or worker’s insurance coverage required in each jurisdiction in which services are performed.
Service Engineer will provide and maintain current insurance information and submit current certificates of insurance verifying such insurance coverage limits as stated in the Work Order Terms in Service Engineer’s account with the Platform. Service Engineer’s inability to maintain certain coverage’s may impact Service Engineer’s ability to get assigned for the service calls.
If the Service Engineer wishes, MHEGURU may include the Service Engineer in the Group Insurance Policy at a competitive premium, the cost of which has to be borne by the Service Engineer.

Service Engineer’s Reviews

For every service call, Service Engineer may submit reviews of their experience with Customers; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. We will have no responsibility or liability of any kind for any User-Generated Content you encounter on or through the Website, and any use or reliance on User-Generated Content is solely at your own risk. We reserve the right, in our sole discretion, to suspend or terminate any Service Engineer’s Account that abuses this review system, submits false reviews or accumulates negative reviews for services provided to Customers.

Service Engineer User Agreement

In addition to our Terms of Use, the following terms apply to Service Engineers. The Service Engineers User Agreement is incorporated into and made a part of the Terms of Use.

By accessing or using the Services, you are accepting this Agreement and our Terms of use and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. Terms used herein, unless otherwise defined, have the same meaning given to them in the Terms of Use.
Last Updated: These terms were last updated on Feb 24, 2020.

Terms of Use

Welcome to MHEGURU, a website located at www.mheguru.com the “Site”) and operated by Accel Techinnova pvt ltd. MHEGURU provides the Site, mobile applications (“App”) and services provided through the Site and/or App (“Services”) including a platform for freelance Service engineers to be connected with potential customers in the MHE Industry.
These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if: (a) you are not at least 18 years old; or (b) you are not legally permitted to access our Site or Services.