Zypwork Customer Contract

Construction Platform-Access

Services Agreement


This Construction Platform-Access Services Agreement (this “Agreement”), by and between ZypConstruction LLC, a Colorado limited liability company, “ZYPWORK” and the Customer on the signature line below as well as its affiliates (“Customer” and together with ZYPWORK, the “Parties” and each individually a “Party”), is effective as of the date executed by both Parties (the “Effective Date”).

WHEREAS, ZYPWORK operates a marketplace platform through which ZYPWORK connects users with providers of Home Improvement and maintenance services (“Helpers”) on an as-needed, on-demand basis (the “Services”); and

WHEREAS, Customer wishes to trial the Services and ZYPWORK desires to make the Services available at the time, date, and location and in exchange for the Payment indicated on the Statement of Work (the “Statement of Work”), subject to the terms of use as amended from time to time, and subject to the terms set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. ZYPWORK Responsibilities. Subject to the terms and conditions of this Agreement, ZYPWORK hereby agrees to provide the Services set out in the Statement of Work. If the Customer elects to participate in the ZYPWORK Subscription Program©, Customer agrees to be bound by the Terms and Conditions and the ZYPWORK Subscription Program© Policy Terms, attached hereto.

2. Customer Responsibilities. Customer agrees to indicate whether Customer would like to participate in the ZYPWORK Subscription Plan© on the Statement of Work. Customer agrees to timely pay the full contract amount set out in the Statement of Work. Customer agrees its failure to timely pay the full amounts owed to ZYPWORK or to any third-parties may result in immediate cessation of Services in addition to all other remedies afforded by law. Additionally, Customer agrees its sole remedy for any breach of this Agreement or any claim related to the Services is to stop using the Services. Customer represents and warrants it has the right to enter into this Agreement and represents and warrants it will make the location accessible and safe for Helpers to perform the Services. Customer agrees to review, agree to be bound by, and abide by the ZYPWORK terms of use, as the same may be amended from time to time.

3. Miscellaneous. It is the intention of the Parties to establish an independent contractor relationship and not an employment relationship. This Agreement does not create a partnership or joint venture between the Parties. right of any third party, and no additional permissions, assignments, or licenses are necessary to give full effect to the provisions of this Agreement. This Agreement constitutes the sole and entire agreement between the parties with respect to this subject matter and supersedes all prior or contemporaneous understandings. Subject to this provision, Customer agrees that the use of the Services shall be ZYPWORK’s general terms of use as in effect from time to time. IN NO EVENT SHALL ZYPWORK OR ANY OF ITS AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. In no event shall ZYPWORK’s aggregate liability arising out of or in relation to this Agreement whether arising out of or related to breach of contract, tort (including negligence) or otherwise exceed the total of the amounts paid under this Agreement. This Agreement is not intended to confer any right, benefit or remedy on any third party. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of both Parties. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision. This Agreement is governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. Neither Party shall assign, transfer, delegate, or subcontract any of its rights or obligations under this Agreement without the prior written consent of the other Party. Any purported assignment or delegation in violation of this Section shall be null and void.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.




Title: ___________________

Date: ___________________



Name: __________________

Title: ___________________


Exhibit A

Statement of Work

Project Price:

Payment Due Date:

Services Description:

Time and Date for Services:

Location for Services:

Do you elect to participate in the ZYPWORK Subscription Plan©? Y/N

If so, which tier of the ZYPWORK Subscription Plan ©?