PayWelly Terms of Service
Version 1.2.0
1. Acceptance
By creating a PayWelly account or accepting an engagement through the platform, you agree to these Terms of Service ("Terms") and to the per-engagement Independent Contractor Agreement ("ICA") framework incorporated by reference.
2. What PayWelly is
PayWelly LLC operates a contracts and payments platform that enables businesses and individuals ("Posters") to engage independent contractors ("Contractors") under per-engagement Independent Contractor Agreements, to collect payment from the Poster's saved payment method when the Poster approves the completed engagement, pay the Contractor at that time, and to support Form 1099-NEC tax reporting. PayWelly is **not** an employer, staffing agency, merchant of record for the underlying work, or labor broker, and is not a party to any engagement between a Poster and a Contractor other than as payments facilitator and recordkeeper.
3. The per-engagement agreement
Each engagement booked through PayWelly is governed by a per-engagement Independent Contractor Agreement generated and signed by both parties at the moment of mutual acceptance. That ICA — together with any applicable state-specific Addendum — is the controlling document for the work performed; these Terms cover platform use only.
4. Order of precedence
Where these documents conflict on a matter of localized regulatory requirement, they control in this order, most-specific first:
1. the applicable **State-Specific Addendum** for the work-location state; 2. the **Master Independent Contractor Agreement**; then 3. these **Terms of Service**.
A general term in a lower-ranked document never overrides a protective term that a higher-ranked document includes to satisfy the mandatory law of the state where the work is performed.
5. Fees and payments
PayWelly charges a transparent platform fee disclosed before each booking. Stripe processes all card and ACH payments and may apply additional processor fees. Contractors receive payouts via their connected Stripe Express account.
6. Tax reporting
Stripe Connect, acting as the platform's payments processor, files Form 1099-NEC with the IRS for Contractors who exceed the applicable threshold ($600 for tax year 2025; $2,000 starting tax year 2026 per the One Big Beautiful Bill Act, indexed thereafter). Contractors are responsible for reporting all earnings regardless of whether a 1099 is issued.
7. Identity verification
Contractors who book engagements totaling $2,000 or more in a calendar year must complete Stripe Identity verification before accepting additional offers that would push their year-to-date earnings over the threshold. PayWelly may also require verification at lower thresholds where required by law or risk policy.
8. Reliability and disputes
PayWelly may record engagement-completion signals (on-time arrival, completion, ratings) for the limited purpose of operating the platform and resolving payment disputes. These signals do not direct the manner or means by which a Contractor performs the work, which the Contractor alone controls. Either party may file a payment or completion dispute through PayWelly; payment for the engagement is paused until the dispute resolves. Filing a dispute does not waive either party's right to pursue legal action.
9. Governing law and forum
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except where the mandatory law of a Contractor's work-location state applies — in which case that state's law governs the engagement and any claim arising from the work performed there. The ICA for each engagement is governed by the law of the state where the work is performed. Nothing in this section displaces a non-waivable local-venue or choice-of-law protection that a work-location state guarantees to a worker performing services in that state.
10. Arbitration; class and representative-action waiver
(a) **Scope.** Except as carved out below, any dispute between you and PayWelly arising out of or relating to these Terms or your use of the platform that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, seated in Delaware or, at your election, your home state.
(b) **Carve-outs.** This section does not apply to: (i) claims that may be brought in small-claims court; (ii) the filing of a charge or complaint with, or participation in an investigation by, any federal, state, or local administrative agency (including a state department of labor); or (iii) a claim for public injunctive relief, to the extent such relief is non-waivable under applicable law.
(c) **Class and representative waiver.** To the fullest extent permitted by law, disputes will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. Where applicable law affords a non-waivable right to bring a representative action (for example, a state private-attorney-general statute), that representative claim is severed and stayed pending the individual arbitration; the remainder of this section continues to apply.
(d) **Delegation; severability.** Questions about the formation, existence, scope, or enforceability of this arbitration provision are for a court, not the arbitrator, to decide. If any portion of this section is found unenforceable, that portion is severed and the remainder stays in effect — except that if the class-and-representative waiver in (c) is found unenforceable as to a particular claim, that claim alone proceeds in court and the rest of the disputes remain in arbitration.
11. Changes
PayWelly may publish a new version of these Terms. The new version becomes effective on its published `effective_at` timestamp. You will be asked to re-accept the new version before performing any further booking on the platform.
12. Contact
PayWelly LLC 8 The Green, Suite D Dover, DE 19901 United States
Phone: +1-202-656-0056 Questions: team@paywelly.com
Version 1.2.0 · Effective 7/5/2026 · View Privacy Policy