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BYPPOCAMPUS, LLC

UNIVERSITY OF SOUTH FLORIDA - INDEPENDENT CONTRACTOR DELIVERY RUNNER (“HERO”) AGREEMENT

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Last modified March 13, 2024

 

BYPPOCAMPUS, LLC

INDEPENDENT CONTRACTOR DELIVERY RUNNER (“HERO”) AGREEMENT FOR UNIVERSITY OF SOUTH FLORIDA STUDENTS

 

This Agreement is made by and between BYPPOCAMPUS, LLC (“BYPPO”), a Florida limited liability company, and you (“you” or “Contractor”), an independent contractor engaged in the business of performing the services described in this Agreement. The Agreement will become effective upon the date that it is accepted by you. Acceptance may be made by your electronic confirmation to BYPPO at Byppo.com that you have read and agree to the terms of this Agreement. 

 

Welcome to BYPPO. We extend a warm welcome to you as a valued member of the BYPPO team. Your decision to collaborate with BYPPO in facilitating the delivery of food and various products to our esteemed University customers is greatly appreciated. As a leading software technology company, BYPPO specializes in delivering innovative online food ordering solutions tailored for both restaurant clients and vendors alike. We look forward to a successful partnership as we collectively strive to enhance the overall customer experience in the realm of food delivery services

 

The Delivery Program and Process

1.  BYPPOCAMPUS Delivery Program: The BYPPOCAMPUS Delivery Program is a student-to-student food delivery service program provided by BYPPO to students, faculty, and staff (“Customers”) at your University. The program facilitates food delivery and other products from on-campus vendors within the University premises. The program engages independent contractor students (“Delivery Runners”) selected by BYPPO who are in good standing with the University. BYPPO will recruit student delivery runners, set delivery fees, and provide payments to Delivery Runners. 

2. Customer Orders: BYPPO leverages the Grubhub RX platform for the acquisition and execution of delivery orders. In this streamlined process, customers place their food orders with on-campus vendors using Grubhub's app. All aspects of the transaction, including order placement and payment, are seamlessly conducted through the Grubhub app.

3. Delivery Process: Through Grubhub’s RX app, Delivery Runners are informed of available delivery opportunities, enabling them to accept or reject assignments at their discretion. The delivery process involves picking up orders from vendors and delivering them to customers at predetermined campus locations. If you choose to accept the offered delivery opportunity, you will promptly pick up the delivery order at the Vendor’s establishment and deliver the order to the customer in an efficient, timely, and safe manner. 

   1. (A) Delivery orders will be offered to all Delivery Runners who are clocked in the RX app at that time. Multiple concurrent orders may be posted. Delivery Runners may choose to accept more than one concurrent delivery order, but BYPPO reserves the right to cancel any acceptance if in BYPPO’s judgment, a Delivery Runner has accepted an excessive amount of concurrent orders.

   2. (B) Nothing in this Agreement guarantees any particular volume of business. BYPPO has no control over whether or when Vendors choose to offer a delivery service to their customers.

   3. (C) Under no circumstances can alcoholic beverages be delivered for any BYPPOCAMPUS orders.

4. Payments: Customers pre-pay a delivery fee through the GrubHub app when placing their orders. You will earn 60% of the delivery fee charged plus 100% of tips for the order that you successfully deliver.   The delivery fee may vary based on vendor locations. The minimum delivery fee is $3.99. You are entitled to the full amount of any tip that a customer may choose to give you upon delivery.

   1. (A) Payment Schedule: GrubHub will send us a summarized earnings report at the close of each week. Your accumulated delivery fees and tips less any charges will be paid to you as soon as the report has been verified, which we anticipate will be no later than 2-3 business days following its receipt. 

   2. (B) Minimum Payment: If your accumulated total earnings are less than $10 in any given payment period, BYPPO reserves the right to withhold such payment until the total fees exceed that amount or until this Agreement is terminated.

5. Proof of Delivery: If a customer complains that there has been no delivery, BYPPO reserves the right to investigate the complaint. In order to protect yourself with regard to any claims, BYPPO recommends that you take a photo of the customer receiving delivery and retain that photo in the event of any customer complaint.

6. Delivery Issues

   1. If you accept an order for delivery on the RX App and then, for whatever reason, cancel your acceptance, you will be charged a $20 penalty plus the entire subtotal of the order, including taxes. You should not accept any delivery orders that you do not intend to fulfill. 

   2. If a customer fails to receive an order through your failure to make a delivery, you will be charged a $20 penalty plus the entire subtotal of the order, including taxes.

   3. Once you have accepted an order for delivery, you will be responsible to pick up the order from the vendor within 15 minutes of your acceptance. 

   4. Once you pick up the order from the Vendor, you will be responsible for delivering the order to the customer within 20 minutes after you picked up the order. Repeated failure to make deliveries on time will result in termination. We actively track delivery times on all orders.

   5. You will be expected to contact the customer through the RX App for order-related communication, including any delivery issues. After you arrive at the delivery location, you must wait for no less than 10 minutes before  returning the order back to the vendor.  On the RX App, please ensure to mark the order as “unclaimed orders.”

   6. If a customer complains that an order has not been correctly filled, advise the customer that this is a matter to be resolved by the customer with the vendor. It is not a matter for your responsibility. 

   7. If BYPPO receives any complaints from vendors or customers regarding the quality or method of your performance, BYPPO reserves the right to investigate the circumstances and to terminate your delivery personnel relationship. 

7. Sustainability: BYPPO is committed to sustainability and protecting our earth’s resources. No cars, motorcycles or other 3 or 4-wheeled vehicles can be used for BYPPOCAMPUS delivery purposes. You may use motorized bicycles and two-wheel scooters. 

8. Independent Contractor: You agree that you are an independent contractor and not an employee of BYPPO, GrubHub or any Vendor. As an independent contractor:

   1. You may choose whether or not to log into the GrubHub App to receive delivery opportunities.

   2. You may choose the days and times that you desire to provide service.

   3. You may choose whether or not to accept a delivery opportunity.

   4. If you accept a delivery opportunity, you will determine the means by which the delivery will be performed, subject to Byppo’s Sustainability requirements set forth above. 

   5. You are free to engage in any other business or commercial activity, including companies that may be in competition with BYPPO. 

   6. BYPPO has no right to restrict you in any alternative business endeavor that you may choose.

   7. You have the right to terminate the Agreement and relationship with BYPPO at any time, with or without cause.

   8. You are not required to perform any minimum volume of business pursuant to this Agreement.

   9. You are not required to purchase or rent any goods or materials from BYPPO.

   10. You are not required to use or wear any BYPPO signage, uniform, article of clothing, or other BYPPO designation on your means of transportation or person. From time to time, BYPPO may provide you with such BYPPO materials, but you are free to select or reject the use of such materials as you determine.

9. Expenses: BYPPO will provide no means of or expenses related to your delivery obligation. 

10. Payout Disputes: If BYPPO believes that you have failed to perform any obligated service, BYPPO has the right to withhold or deny in whole or in part any portion of the payment to which you would be entitled for that service. BYPPO will promptly advise you of BYPPO’s determination.  Any withholding or denial of payment shall be based upon proof provided to BYPPO by the customer, Vendor, you, or any other party with relevant information. You have the right to challenge BYPPO’s determination through any legal means and the prevailing party will be entitled to recover from the other reasonable costs incurred, including attorneys’ fees.  

11. Taxes: You will be solely responsible for payment of all federal, state, and local taxes resulting from BYPPO and your respective businesses. BYPPO will report on a calendar year basis all payments from BYPPO to you using an appropriate IRS Form and providing a copy to you. Unless mandated by law, BYPPO has no authority to withhold income taxes, social security taxes, unemployment insurance taxes/contributions, or any other federal, state, or local tax on behalf of you or your Personnel.

12.  Indemnification: 

    1. BYPPO Indemnification: BYPPO agrees to indemnify, protect and hold you harmless from any and all claims, demands, damages, suits, losses, liabilities, and causes of action arising directly from BYPPO’s failure to meet its obligations under this Agreement. 

    2. Contractor indemnification: You agree to indemnify, protect and hold harmless BYPPO, including all parent, subsidiary and/or affiliated companies, as well as successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising from your performance or non-performance of delivery services under this Agreement, including personal injury or death to any person, as well as any liability arising from your failure to comply with the terms of this Agreement. The indemnification obligations shall include the cost of defense, including attorneys' fees, as well as the payment of any final judgment or settlement agreed upon by BYPPO.   

13. Waiver of Liability: Neither BYPPO nor GrubHub nor any University or University-affiliated organization shall have any liability for any injury, damage, or other physical or economic harm incurred by you in the course of your services under this Agreement, except for any injury or harm caused directly by the negligence of BYPPO or the University or University-affiliated organization.

14. Confidentiality of Information: Solely to provide the services, you are permitted to use the information disclosed or otherwise made available to you, including without limitation BYPPO customers’ data (e.g., names, phone numbers, email, and physical addresses) and any other information subject to applicable privacy and/or data security laws, rules, or regulations, including compliance with Byppo’s Privacy Policy which is incorporated into this Agreement and is available to you at Byppo.com. You shall not retain, use or disclose any personal data beyond what is necessary to provide the services nor download, store and/or sell any information you process in connection with the provision of services. 

15. Termination: Either party may terminate this Agreement with or without cause at any time. Termination will be effected by written notice. All rights and actions that accrued against either party prior to the termination date shall remain effective and enforceable. Upon termination, you will promptly return to BYPPO all signage, marketing materials, and other items given to you by BYPPO. Your right and ability to continue using the GrubHub for the purpose of fulfilling delivery orders will terminate immediately if this Agreement is terminated.  

16. Amendments: This Agreement may be amended from time to time by BYPPO. BYPPO will provide you with notice of any amendment no less than seven (5) days prior to the effective date of the amendment. You have the right to object in writing, by notice to BYPPO, to any amendment and to terminate this Agreement prior to the amendment becoming effective. If you fail to object within the seven (7) days following notice to you of any amendment, your continued service as a delivery runner will constitute acceptance of the revised Agreement.

17. Personal Account: You will create a personal account with BYPPO by providing true, accurate, current, and complete information about yourself as prompted by the registration form. You agree to maintain and promptly update the personal information you provide to ensure that it remains true, accurate, current, and complete.  

18. Prohibited Conduct: You agree to the following conditions:

    1. You will not accept orders that you do not intend to deliver.

    2. You will not disclose, and will maintain the strict confidentiality of, all customer information.  

    3. You will not falsely report your geographic location.  

    4. You will not attempt, through any means, to gain unauthorized access to any part of Bypp’s confidential information. 

    5. You will not use any information obtained in order to contact, solicit, or buy or sell any products or services to any BYPPO customer or Vendor. 

    6. While engaged in BYPPO service, you will not communicate with any person in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, portrays another in a false light, is hateful, and/or racially, ethnically and/or otherwise objectionable.

19. Additional Provisions:

    1. Entire Agreement: This Agreement shall constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement.

    2. Non-Transferability: This Agreement may not be assigned or otherwise transferred by you to any other person without BYPPO’s prior written consent. 

    3. Non-Waiver: The failure of either party to insist upon a strict performance of the terms of this Agreement shall not be construed as a waiver or relinquishment of such term and such term shall continue in full force and effect.

    4. Governing Law: The interpretation and application of this Agreement, and any dispute thereunder, shall be governed by the laws of the state of Florida. 

20. Notices: Unless you are advised in writing of an alternative address, any notices to be served by you on BYPPO under this Agreement or otherwise shall be sent electronically to Byppo.com. 

 

 

Victoria Liu

BYPPOCAMPUS, LLC