Well here's a good one. I told you all I read everything.

I was just filling out a MSC application and I came to the agreement - which by the way was printed in such a way as you could add your demands as a shopper to the agreement.

I thought of adding " If Independent Contractor is not paid within 30 days of completing and submitting assignment and report, Company shall be liable for a penalty of $1000 plus court costs and legal fees."

But I didn't. It wouldn't do any good until thousands of us add that kind of clause to their contracts....and the only way to get thousands of shoppers to make demands is to bring them to these threads from other forums.

Meanwhile here's the company's two paragraphs (and there were other paragraphs demanding other outrageous things that the shopper do) which made me erase everything I had filled in and deep six the application.

>>>>-You agree not to solicit, harass, or slander _____ Inc., any Inc. client, or any ,____ Inc. client representative or associate for any reason, and you agree that if you do so you are liable for a minimum of one thousand US dollars in monetary damages per incident and any additional damages or claims that arise out of said action

-You agree not to contact any ____Inc. client, or any _____, Inc. client representative or associate regarding dispute resolution, payment issues, or to disclose any contract details or happenings for any reason without the expressed written consent of , Inc., and you agree that if you do so you are liable for a minimum of one thousand US dollars in monetary damages per incident and any additional damages or claims that arise out of said action<<<<

In other words, if you complain to a scheduler associate or call up to ask where your check is, they want you to pay them $1000 for asking for your pay.

WTF ! That's really over the line. I dont think it's legal or would past muster in a court, Whatever happened to free speech ?- but I wouldnt sign it anyway.

some advice:READ ALL OF THESE CONTRACTS - JUST DONT CLICK ON EM AND AGREE

By the way, the name of the company is IMYST.
and they have another name they work under too- could be vest something - and also they're working through with one of our well known MSC's. I found them on Jobslinger/or MSJobBoard but that was not their name. It was one of the company names we know. (imvst.com) Then when I clicked on it, it brought me to this IMYST and their contract.


Guess they're telling us right off that they dont pay the IC's and dont want IC's demanding to be paid.

Edited 1 time(s). Last edit at 03/24/2012 05:11AM by shoppinalong.

Thanks. I will now try to read all of them. It is like they want slaves who will not spill their beans.

they know we are looking for ways of leveling the playing field.

Ironic that IC agreement is from a company that pays fairly and lightning fast.

LisaSTL Wrote:
-------------------------------------------------------
> Ironic that IC agreement is from a company that
> pays fairly and lightning fast.


Lisa,

Did you read the part where you must agree to get a private investigator's license
and surveillance equipment etc etc.?

People just cant go out and get a PI license - yuo have to have a certain amount of time in a recognized agency. I would be surprised if mystery shopping is a recognized agency for a PI license.

"pays fairly and lightning fast" ? really? then why would they put a penalty of $1000 if you dare call them up and ask where your pay is?

Have you worked for them ? what kind of jobs do they offer that they want you to have a PI license and surveillance stuff ?

Did you go over to Jobslinger and click on the IMVEST ad which sends you to
IMYST and the contract and read it?

NO OTHER mystery shop agreement has anything like that contract. It is over the top.

By the way, recording a conversation whether telephone or in person is illegal in
Florida and California and 10 other states without the other person's consent. Fand I've come across several company agreements asking you to record either phone conversation or the sales pitch on the mystery shop. I'm in one of the 12 states where it's illegal. The other states can be googled.

Edited 1 time(s). Last edit at 03/24/2012 05:29AM by shoppinalong.

I've been registered and worked for them since 2008. They don't have things often, but the jobs I've had pay well for the work involved. I've never had to ask for pay since they always pay by their terms which is 7 to 10 days.

Much to my surprise they had a video apartment shop last summer. Pay for all video apartments is good, theirs paid almost double. It was also a shop where my battery died causing me to lose the first 5 to 10 minutes of the shop. I was able to capture the rest and immediately called them. I was told it would be acceptable since it was the greeting, agent offering me a beverage, etc. I was just asked to provide all the details not on film in the report. After that I was paid in full.

The wording you quoted seems to forbid contacting the client in any way. As far as "harassing" employees, contacting someone regarding payment or an other issue in a professional way does not constitute harassment. They do have a deduction system similar to Bestmark. It is clearly outlined and rather than a percentage it can be things like $2 a day for late submission. In all my shops with them I had a $1 once and it was my error. I contacted them with no repercussions. In fact, through all of my dealings with them, they have been cordial, helpful and totally professional.



Edited 1 time(s). Last edit at 03/24/2012 02:27PM by LisaSTL.

Lisa's post sounds reasonable. But, given the wording of the agreement, I would not sign. Too much potential exposure. If you cannot contact them to resolve payment issues, you are just plain SOL! And apparently, even posting about thier ICA and policies is a violation. My brother, the lawyer, would KILL me!

Now I have a real problem: a fuzzy bee that is at least an inch long has been zooming around my office like a Kama Kazi (spelling?) all morning. HELP!!!

kamikaze

Of course you can contact them regarding issues. That was the point of my post. Contact does not harassment make. Whenever I see something like that I know there has to be a reason it was added to that agreement. We've all read the unreasonable posts from furious shoppers. Is it so hard to believe the same person would be just as unprofessional in dealing with the MSC? My guess is it's in there to just offer them some sort of protection. After all the burden of proof regarding harassment would be on them.

Uh, those clauses don't mean that you can't contact iMyst about payment issues.

The first quoted clause says that you agree not to solicit, harass or slander iMyst or its clients. Sounds reasonable to me.

The second clause says that you agree not to contact any representative or associate of the client if you have some issue with iMyst. I can understand taking issue with this. However, it is definitely not saying that you can't contact iMyst with concerns.

No doubt the client portion is there because shoppers have found it "appropriate" to contact clients regarding payment issues or to let the client know what a lousy company an MSC is. The reality is the shopper has the contract with the MSC and that is who they would pursue for payment. The MSC has the contract with the client and it would be up to the MSC to pursue payment from the client.

I registered with them years ago, they have one shop which I choose not to do, but I never heard them not paying. That contract is disgraceful.
Could you be held to it for asking for pay....glad you put it out there.
Reading the entire contract is something we don't do, thinking they are all
the same.

Mantis Wrote:
-------------------------------------------------------
> Uh, those clauses don't mean that you can't
> contact iMyst about payment issues.
>
> The first quoted clause says that you agree not to
> solicit, harass or slander iMyst or its clients.
> Sounds reasonable to me.
>
> The second clause says that you agree not to
> contact any representative or associate of the
> client if you have some issue with iMyst. I can
> understand taking issue with this. However, it is
> definitely not saying that you can't contact iMyst
> with concerns.


Mantis

The paragraph I copy and pasted above says:

>>>>-You agree not to contact any ____Inc. client, or any _____, Inc. client representative or associate regarding DISPUTE RESOLUTIONS, PAYMENT ISSUES, ....OR HAPPENINGS OF ANY REASON WITHOUT THE EXPRESSED WRITTEN CONSENT OF ____, INC. wit, and you agree that if you do so you are liable for a minimum of one thousand US dollars in monetary damages per incident and any additional damages or claims that arise out of said action<<<<

I take "associate" to mean associate employed by the MSC company.

I really doubt that many of their clauses in the agreement are legal or enforceable, but because of that attitude I wouldn't work for them ever.

More work for Lisa

Edited 2 time(s). Last edit at 03/24/2012 07:03PM by shoppinalong.

You are missing the very thing you are posting. The agreement is you will not contact any client or client representative or client associate. The reality is the appropriate contract between the client and the MSC would absolve the client of any liability.

Think about it in terms of hiring a general contractor for work on your house. You sign an agreement with the general contractor for services. It is then up to them to hire sub-contractors. You pay the general contractor, they pay the sub-contractors. Do you want the plumber or electrician to harass you after you have paid the general contractor according to your agreement?

As I said before, there is a huge difference between harassment and business contact. Sending e-mails or making phone calls regarding payment are not in and of themselves harassment. It is how the contact is handled. Companies are restricted in how many calls per day and in the tone of the calls they place in order to collect a debt. From a legal standpoint I will not pretend to be sure of all the laws, but an educated guess would say there is no reason to assume an exception would be made for an IC of a mystery shopping company.

LisaSTL Wrote:
-------------------------------------------------------
> You are missing the very thing you are posting.
> The agreement is you will not contact any client
> or client representative or client associate.

I don't read it as client associate, it says associate doesn't it? not preceded by
immediately by the word "client" ? see my post above which you may have missed.

> reality is the appropriate contract between the
> client and the MSC would absolve the client of any
> liability.
>
> Think about it in terms of hiring a general
> contractor for work on your house. You sign an
> agreement with the general contractor for
> services. It is then up to them to hire
> sub-contractors. You pay the general contractor,
> they pay the sub-contractors. Do you want the
> plumber or electrician to harass you after you
> have paid the general contractor according to your
> agreement?

Actually Lisa the plumber and electrician who worked for the contractor can legally take out a lien against your house for not being paid by the contractor - and the homeowner should be told that the contractor is not paying the subcontractors so that the homeowner becomes aware to stop paying the contractor who is not paying the subcontractors.

Interesting. That just made me realize why these MSC contracts have clauses "you will not contact the MSC client about payment matters." I would suppose in cases where $600 or $1000 has not been paid, and a shopper has in email writing from the MSC you are not being paid because the client would not accept the report", that both the MSC and Client could be sued. And the Client might just be finding out for the first time what the MSC is doing in their name.

And as you know many here, have contacted clients that they are not being paid as in the case of Chem Dry shoppers -

Nevertheless I would not sign that type of contract on principle. Also most contracts have clauses "if any portion of this contract is found to be illegal or unenforceable, the remaining portions of the contract still apply.

The IMyst contract does not have that. It's just a plain scare contract.

So, Lisa ,
have you applied for your private eye license yet as required by the contract?

Shoppinalong

You are positively absolutely correct a lien could and often is applied. Your theories are correct.

I agree with you shoppinalong, this contract is nothing but a recipe for disaster should an issue arise. Stay away.

Here is a link that speaks directly about this topic:

[www.freeadvice.com]

Edited to add:

No, a lien cannot be placed on your house under these facts. In most states it is a complete defense to a mechanic's lien filed by a subcontractor that the owner has paid the general contractor (here the property manager) in full. The GC is wrong for withholding payment. The fight here is not with you, but between the GC and the sub. I suggest that you let the sub know that he must seek payment from the GC, not you, as you have paid the GC in full pursuant to your contract. If the sub files a lien, you may make an application to discharge the lien based on the fact that you made full payment. Just make sure to have proof of payment and a copy of your contract with the GC.

Note: You may need to hire a lawyer to file the application to discharge the mechanic's lien. If so, you may also seek attorney's fees for having to discharge the lien if the statute in your state permits.

Edited 2 time(s). Last edit at 03/26/2012 12:16AM by Sentry Marketing.

[www.bowlesverna.com]


A mechanics lien generally occurs when the general contractor on a project on the property does not pay subcontractors or suppliers.

Legally, the property owner is ultimately responsible for the payment of the subcontractors and suppliers, even if the property owner has already paid the general contractor. The unpaid subcontractors or suppliers will often file a mechanics lien with the County Recorder's office to preserve their right to payment.


What Happens to a Property Owner When a Mechanics Lien is Recorded?
A mechanics lien can result in a number of issues for a property owner:

Double payment for the same job -- the homeowner can first pay the general contractor and then be forced to pay the same amount to subcontractors or suppliers in order to have a mechanics lien released from the property
Cloud the title of the property, affecting the homeowner's ability to refinance or sell the property
Foreclosure of the property if the homeowner cannot pay to release the mechanics lien on the property

more at:

[www.bowlesverna.com]

Edited 1 time(s). Last edit at 03/26/2012 12:06AM by shoppinalong.

CANADAMOMMY Wrote:
-------------------------------------------------------
> Shoppinalong
>
> You are positively absolutely correct a lien could
> and often is applied. Your theories are correct.

LOLOLOLLOL

"positively absolutely"

sounds like me -

couldn't have said it better myself, CanadaMommy .

S.

Reading all these posts, I'm thinking "Well thank heaven I never signed up with this MSC!" Turns out, jokes on me. I did sign up in January. And, like many others, I did not read the agreement all that carefully. In essence, this one is no different than any of the others. It is all one sided. The MSC has all the rights. The shopper has the right not to accept a job and that's about it. The $1000 penalties are rubbish; someone just pulled numbers out of his/her tush. That is put there to scare us. However, since it is entirely possible (albeit unlikely) they would ever come after me, I am not taking shops with this company until I have time to consult with my brother, who is an attorney. I am jumping ahead, but I doubt he would advise me to sign a contract with imbedded threats (especially in that there is no agreed-upon definition of what constitutes harrassment. Slander is a term defined by law. Can't remember whether it is making false statements verbally or in writing but it is one or the other). If the statements are true (i.e., I say BLANK took 5 months to pay me and that is, in fact, what happened) there is no slander.

The wording re: the PI license is CYA for them. It says the shopper will get all licenses required by the state in which he/she shops.And federal licenses, if required. If the Commonwealth of VA requires mystery shoppers to get some sort of license, including a PI, I as the shopper, must comply with that law. The MSC is saying they aren't going to figure it out for us. If the license costs several hundred $, they are not paying. It appears that Nevada does require some sort of licence, according to the IC we are discussing. So, if you are reading this and you live in Nevada, I would check into it. I don't think VA requires any licenses but with all the budget short falls, I wouldn't be surprised if they came up with something to get my money and then say they did not raise taxes.

From the IC "Acquisition and maintenance of any applicable licenses or permits required to perform services in adherence with all local, state, and federal laws, including but not limited to obtaining a private investigator license or being employed by and completing work on behalf of a private investigator for any work performed in Nevada subject to NRS 648.012 (includes obtaining information with reference to the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person)"


The IC also says, the MSC is not responsible for any technical issues that might prohibit a shopper from filing a report. According to the IC, even if the technical problem is their fault, the shopper is SOL.

Again, from the IC "_______, Inc. is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer or facsimile transmissions which may limit an independent contractor's ability to accept or view a contract, fulfill a contract, or collect compensation for a contract."

Now, shoppers have posted that this company pays fairly and quickly. So it is not likely a shopper is going to run into litigation.

But I can just hear my brother screaming at me. Don't sign. Don't sign. Don't sign.

Just like lawyers...you can't find two of them that will agree about anything. I think this is a big hullabaloo about nothing. If one MSC has a FUBAR contract just skip them and move on. There are plenty of fish in the sea. Sounds like this MSC doesn't offer that many shops anyway.

Checking my records I have done one shop for them back in 2008. A survey for $4. Most of the shops they have been offering lately have been flooring shops with no reimbursement so I just ignore them.