Welcome to High Quality Home Improvement! This Agreement (“Agreement”) governs your relationship with High Quality Home Improvement. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a’s, affiliates, agents, employees, representatives and subcontractors as “you,” “SP,” “Service Professional” or “member” and to High Quality Home Improvement , Inc. and its employees and agents as “we” or “us” or “High Quality Home Improvement.” Other Service Professionals who have joined High Quality Home Improvement’s network are referred to in this Agreement as “Service Professionals,” “SPs,” or “members.” Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Service Professionals also apply to and bind you. “Website” include any and all websites now, or hereafter, owned or operated by High Quality Home Improvement. These Terms & Conditions were last updated on October 1st, 2018. Updated material terms are bolded and underlined.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
- What We Agree.
- With Respect to Lead Purchasing Members.
- High Quality Home Improvement receives requests from homeowners, consumers, property managers, individuals and other persons (“customers”) expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“service requests”). These service requests from customers may be submitted directly or indirectly to High Quality Home Improvement by customers via the High Quality Home Improvement Website, telephone calls, third party websites or other means. In turn, High Quality Home Improvement may send you a communication about a customer’s service request that contains information about what service has been requested and the customer’s contact information (a “Lead”). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by High Quality Home Improvement from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer’s level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. High Quality Home Improvement is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in High Quality Home Improvement’s sole discretion.
- With Respect to Lead Purchasing Members.
4.If your High Quality Home Improvement rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from High Quality Home Improvement until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-High Quality Home Improvement consumers to increase your rating, you must obtain additional consumer reviews submitted through the High Quality Home Improvement platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
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- With Respect to Subscription Members:You may purchase a subscription to receive services including: Placement in High Quality Home Improvement’s directory product which is displayed on the High Quality Home Improvement Website (“LiveDirectory”) and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of High Quality Home Improvement affiliate companies, including High Quality Home Improvement’s List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the High Quality Home Improvement Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. High Quality does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in High Quality Home Improvement’s sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to High Quality Home Improvement (unless your listing is appearing as an Exact Match listing).
- With Respect to Subscription Members:You may purchase a subscription to receive services including: Placement in High Quality Home Improvement’s directory product which is displayed on the High Quality Home Improvement Website (“LiveDirectory”) and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of High Quality Home Improvement affiliate companies, including High Quality Home Improvement’s List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a High Quality Home Improvement, and thereafter while this Agreement remains in effect, as follows:
- Membership in the High Quality Home Improvement or network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join High Quality Home Improvement, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the “Movers” category. - You will comply with the High Quality Home Improvement membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with High Quality Home Improvement you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify High Quality Home Improvement. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize High Quality Home Improvement to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the High Quality Home Improvement Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by High Quality Home Improvement in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys’ fees incurred by in High Quality Home Improvement connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
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- By posting or providing any content on the High Quality Home Improvement Website, including but not limited to photographs (“Content”), you represent and warrant to High Quality Home Improvement that you own or have all necessary rights to use the Content, and grant to High Quality Home Improvement the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant High Quality Home Improvement and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the High Quality Home Improvement Website, and on any other websites owned or operated by High Quality Home Improvement. Nothing in this Agreement shall restrict other legal rights High Quality Home Improvement may have to the Content, for example under other licenses.High Quality Home Improvement reserves the right to remove or modify Content for any reason, including Content that High Quality Home Improvement believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your High Quality Home Improvement account is terminated, or if you remove any Content from your High Quality Home Improvement account, High Quality Home Improvement and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the High Quality Home Improvement Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all High Quality Home Improvement Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of High Quality Home Improvement . You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the High Quality Home Improvement Website, other than content provided directly by you. You represent and warrant that all of the information you provide to High Quality Home Improvement , including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any of the foregoing could result in significant damages, and you agree that you are liable to High Quality Home Improvement for any such damages, and will indemnify High Quality Home Improvement in the event of any third party claims against High Quality Home Improvement based on or arising from your violation of the foregoing. You acknowledge and agree that High Quality Home Improvement has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. High Quality Home Improvement is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the High Quality Home Improvement Website or its affiliates’ sites, including the Angie’s List Website, the “star” rating that you have received from customers may be converted to a “letter” rating, in High Quality Home Improvement’s sole discretion. If you are an Angie’s List service professional, High Quality Home Improvement may convert your “letter” rating into a “star” rating for display on the High Quality Home Improvement site, in High Quality Home Improvement’s sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with High Quality Home Improvement , any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HIGH QUALITY HOME IMPROVEMENT SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HIGH QUALITY HOME IMPROVEMENT AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HIGH QUALITY HOME IMPROVEMENT . THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HIGH QUALITY HOME IMPROVEMENT, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by High Quality Home Improvement to any other party, including any other High Quality Home Improvement Service Professionals.
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- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a “Renewal Term”), at the renewal price communicated to you at the time your purchased your initial subscription (“Renewal Price”), unless High Quality Home Improvement provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting High Quality Home Improvement Customer Care at (917)847-0028. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won’t be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize High Quality Home Improvement to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize High Quality Home Improvement to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if High Quality Home Improvement does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that High Quality Home Improvement may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
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Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee (“Subscription Fee”) per month in advance. This Subscription Fee is subject to change in High Quality Home Improvement’s sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. High Quality Home Improvement may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If High Quality Home Improvement terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but High Quality Home Improvement is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.