You are guilty for sustaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us instantly of any unauthorized use of your account. User is responsible and chargeable for: i User’s behavior; and ii any use of the Service through User’s information era systems or atmosphere, regardless of whether approved or not.
We have the right to disable any user name, password, or other identifier, whether chosen by User or provided by Housecall Pro, at any time if, in our opinion, User has violated any provision of this Agreement. 1. Provide applicable data to our Service and third party applications “Apps” that utilize capability from Your account to satisfy their facilities; 2. Send communications on Your behalf to effect the meant functions of the relevant Service, e. g. , sending job scheduling emails, sending en route text notifications, providing Your marketing promotions; 3.
Make Your amenities available on our and third party Booking Services that You authorize; 4. Generate invoices to You and assemble charge thereon; 5. Verify Your identification and forestall fraud or other unauthorized or illegal activity; 6. Analyze and create anonymized combination industry trends and analytics to improve the product and create new points; 7. Provide customer assist to You; 8.
Use the names, logos, carrier marks and symbols linked to Your company to sell the Service; 9. And some other use that we, or a third party App, describe at the purpose where we bring together data or guidance with Your consent. Aggregated and Statistical Service Data Rights. Notwithstanding some other provision of this Agreement, Housecall Pro shall own okay, title and interest to any anonymized aggregated and statistical data created, generated and/or derived from the Service Data and use of the Service. If Housecall Pro does not automatically own any anonymized aggregated and statistical data upon its introduction, You hereby assign OK, title and attention, adding highbrow assets rights, in and to such aggregated and statistical data to Housecall Pro.
Housecall Pro has numerous levels of service that are billed on a subscription basis for the term as specified in case you subscribe. When you sign in for a subscription billing based account, you comply with allow us to bill your bank card or other payment method for all due expenses. We will re bill for any failed billing or overdue amounts. Subscription fees will not be prorated or refunded. We will bill you a full period’s subscription fee regardless of whether you cancel within that period, unless the cancellation is within our Money back assure window. We reserve the correct to revise pricing at any time; even though, we will provide you with at least 30 days’ advance notice before revised terms become applicable to you or such longer period of notice as may be required by law.
We also reserve the right to give distinct levels of provider in alternative price plans and to impose distinctive restrictions or levels of provider in such alternative plans, adding but not restricted to terms related to amount or format of content material, network traffic or bandwidth and number of subscribers or users. Funds for any given transaction isn’t deposited until the transaction is deemed complete. Transactions can be deemed complete when we or the designated financial institutions have approved the transaction or funds. You are guilty for monitoring your transactions and making certain that our payments to you’re correct. You must notify us of any errors in payments made to you within sixty 60 days of the error first appearing on your electronic transaction historical past.
Failure to notify us of such an error in accordance with this Agreement might be deemed a waiver of any right to quantities owed to you. For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve defined below. We may deduct the quantity of any Chargeback and any associated fees, fines, or consequences assessed by the card issuing bank or corporation “Card Association” or our processor from your bank account including with out problem any Reserve, any proceeds due to you, your bank account, or other payment device registered with us. If you’ve got pending Chargebacks, we may delay payouts to your checking account. Further, if we rather agree with that a Chargeback is probably going with recognize to any transaction, we may withhold the amount of the capability Chargeback from bills in a different way due to you under this Agreement until such time that a a Chargeback is classed due to a purchaser’s complaint, in which case we will be able to retain the funds, b the amount of time under relevant law or regulation by which the purchaser may dispute that the transaction has expired or c we verify that a Chargeback on the transaction won’t occur.
If we are unable to get better funds associated with a Chargeback for which you’re liable, you can pay us the complete amount of the Chargeback immediately upon demand. You agree to pay all costs and bills, adding without dilemma lawyers’ fees and other legal expenses, incurred by or on behalf of us in reference to the assortment of all the Pros account deficit balances unpaid by you. If we now have affordable suspicion of misuse, we may quickly suspend or delay bills to you and/or designate an amount of funds that we must maintain in a separate reserve account a “Reserve” to secure the functionality of your payment duties under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other signs of performance issues related to your use of the Service. The Reserve might be in an amount as fairly decided by us to hide expected Chargebacks, returns, unshipped item and/or unfulfilled products or facilities or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, in keeping with your fee history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or in a different way as we or our processor may investigate or require.
If you do not have enough funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds a due to you under this Agreement or b available in your bank account, or other charge device registered with us. You grant us a safety attention in and lien on any and all funds held in any Reserve, and in addition authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to assemble quantities that you owe us under this Agreement, including with out challenge for any reversals of deposits or transfers made to your bank account. You are guilty for making a choice on any and all taxes assessed, incurred, or required to be amassed, paid, or withheld for any reason in connection with your use of our Service “Taxes”. You are also solely guilty for collecting, withholding, reporting, and remitting accurate Taxes to the appropriate tax authority. If in a given calendar year you get hold of i more than $20,000 in gross amount of payments and ii greater than 200 payments, we will be able to report yearly to the Internal Revenue Service “IRS”, as required by law, your name, enterprise name, address, Tax Identification Number the total dollar amount of the bills you receive in a calendar year, and the full dollar amount of the bills you obtain for each month in a calendar year. You conform to technique returns, and supply refunds and adjustments for, your goods or facilities through your Pro account according to these terms and any relevant Card Association Rules.
Card Association Rules may require that you will a maintain a fair return, cancellation or adjustment policy, b reveal your return or cancellation policy to clients at the time of acquire, c not give cash refunds to a customer in connection with a Card sale, unless required by law and d not accept cash or any other item of value for getting ready a Card sale refund. You are guilty for knowing and adhering to the Card Association Rules relevant to you, and Housecall Pro isn’t liable for any violation by you of the Card Association Rules. The amount of the refund/ adjustment must include any linked taxes required to be refunded and cannot exceed the amount shown as the whole on the normal sales data except by the exact amount required to reimburse the purchaser for postage that the purchaser paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise e. g.
, the sales price is not the same, you need to issue a credit for the total amount of the item being back and finished a new sale for any new merchandise. Please be aware, in the event that your refund policy prohibits returns or is unsatisfactory to the customer, you should receive a Chargeback referring to such sales. You can system a refund via your account up to sixty 60 days from the day you authorised the payment. If the balance in your account is inadequate to cover the refund, we will be able to withdraw up to the asked refund amount from your bank account and credit it back to your customer’s Card. Transaction Fees are also refunded, so the entire purchase amount is usually again to your purchaser.
We haven’t any responsibility to accept any returns of any of your goods or services on your behalf. We will try and rectify processing errors that we find out, and may withhold funds pending our research of the sort of errors. If the mistake led to your receipt of under the accurate amount to which you were entitled, we will be able to credit your bank account for the difference. If the error consequences in your receipt of more than the correct amount to which you were entitled, we will be able to debit the extra funds from your bank account. We will only correct transactions that you simply manner incorrectly if and in case you notify us of such an error.
Your failure to notify us of a processing error within thirty 30 days of when it first appears on your electronic transaction history might be deemed a waiver of any right to amounts owed to you. In order to verify your banking suggestions, Housecall Pro may use third party verification softwares, akin to Plaid or other service providers “Third Party Verification Softwares” to aid verify the information offered during charge processing set up. By using fee processing amenities provided via the Service, you acknowledge and agree that the terms and privacy parties of any such third party verification partner may be applicable to you akin to Plaid’s terms found at . Housecall Pro is not liable for the acts or omissions of any third party, adding any Third Party Verification Softwares. The Service will assist you to set up a domain via which you will advertise and offer your services or goods “Website”. If you own and wish to use an present domain name to your Website, you can be required to transfer possession and management of the domain name to Housecall Pro.
Alternatively, that you may request that Housecall Pro acquire the domain name to be used in your Website, in which case Housecall Pro will purchase such domain name on your behalf if available. In the development you cancel your Website with the Website Builder feature of the Service, we can, at your written request, move your domain name to any internet hosting provider you determine, and if no instructions for transfer are received within 30 days after your cancellation takes effect, then we can cease to resume your domain name advantageous upon a higher common renewal date. You renowned and agree that here is your sole remedy with reference to the move of any domain name following your cancellation of the Website in the Service. We appreciate the highbrow belongings rights of others and act in accordance with the Digital Millennium If you accept as true with that any of your work has been copied or was in a different way utilized in a way that constitutes A copy of your Notification might be sent to the person who posted or stored the material addressed in the Notification. Please include here advice in writing to our designated Please be suggested that pursuant to federal law you can be held chargeable for damages if you are making a material misrepresentation in the Notification. Thus, if you aren’t sure that your If you accept as true with your individual To be an amazing Counter Notification under the DMCA, your Counter Notification must include considerably right here: a identification of the counsel that has been removed or disabled and the place at which the fabric appeared before it was got rid of or disabled, b a press release that you consent to the jurisdiction of the U.
S. Federal District Court in which your tackle is determined, or in case your address is outside america, for any judicial district during which we are located, c a press release that you will accept carrier of procedure from the party that filed the Notification or the party’s agent, d your name, tackle and cellphone number, e an announcement under penalty of perjury that you’ve got a good faith belief that the cloth in query was removed or disabled as a result of a mistake or misidentification of the cloth to be removed or disabled, and f your actual or electronic signature. We will provide a default notification phone number for your business. Based on your configuration of the Services, you’re going to send job comparable notifications to your customers from this phone number when notifications are turned on. Customers is not capable of reply to messages that you simply send from this default number. You agree that you’re the sender of these communications, not Housecall Pro.
You also agree that Housecall Pro is not vulnerable to you, your employees or unbiased contractors, or your ability or actual customers for this sort of communications. You extra agree that you are going to indemnify and hold harmless Housecall Pro from any claims that these communications violate any federal or state law or law. You can be capable of add the company true phone number function for an extra month-to-month charge if your Housecall Pro subscription contains access to the characteristic. You may be able to choose the area code wherein the company exact phone number is observed. This number cannot be modified once it is chosen.
Based on your configuration of the Services, you’re going to send job related notifications to your clients from this phone number when notifications are turned on. Customers just isn’t in a position to respond to messages that you simply send from this default number. You agree that you’re the sender of these communications, not Housecall Pro. You also agree that Housecall Po is not liable to you, your personnel or independent contractors, or your capability or actual customers for this sort of communications. You additional agree that you’re going to indemnify and hold harmless Housecall Pro from any claims that these communications violate any federal or state law or regulation.
Stay on Platform: If you obtain a job request or a message via Booking Services, you’re predicted to comprehensive the job throughout the originating Booking Services company. It’s important for a customer to have a consistent event with notification, work, and billing. Be Responsive: Your customers expect prompt communique, do your best to come again to them within 24 hours. Book customers effortlessly. Get Approval: Provide your clients with up front estimates for work you’re qualified to do before you start the job.
Get buyer acclaim for any extra charges before remaining out. Set Expectations: Always use the “On my way” button when heading to a job. Show up to your scheduled jobs on time or notify your purchaser in advance if you are looking to reschedule. Be Yourself: You were requested, so you’re estimated to be the individual appearing away from bed the work. If you’re sending someone on your behalf, use the dispatch capability built in to the app.
Be Professional: Use our messaging function for business only. We reserve the correct to read through messages if a customer reviews abuse. Follow Through: Complete every job to the better of your skill. If you receive a poor review from a purchaser, you’re guilty for correction or compensation if warranted. Promote Other Pros:If which you can’t perform a request, put forward an alternate Housecall Pro in your place what goes around comes around.
Be the Best: Provide fine work for every buyer they’ll rate you therefore. We reserve the correct to take away you from the Booking Services for failing to adhere to the code. Pros won’t pay a referral fee for clients that were formerly present customers of a Pro. To be properly credited for this, the buyer needs to be linked to the Pro’s account in advance of the origination of a job. To link to a Pro, one of here must occur: 1 the buyer must enter a Pro’s “app code” in the Housecall reserving app before reserving a job or having a job booked on their behalf by the Pro, 2 the buyer must register with the Housecall booking app by clicking the link in the text or email that is sent by the Housecall Pro carrier as part of a job workflow, or 3 the confirmed email that the customer uses to sign up or originate a job with must match the email address that the Pro has on file for a customer in their very own database before a job is ordered. WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR PRO.
THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. WE DO NOT WARRANT PROS’ PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. WE DO NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PROS OR THE PROS ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST.
YOU EXPRESSLY ACKNOWLEDGE THAT WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER. IN EXCHANGE FOR THE SERVICE PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, USER EXPRESSLY AGREES TO RELEASE HOUSECALL PRO, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES DIRECT AND CONSEQUENTIAL OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF HOUSECALL PRO’S MATERIAL BREACH OF THIS AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. ”WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS SERVICE FOR ANY PURPOSE. WE DO NOT PROMISE THAT THE SERVICE WILL BE ERROR FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. WE MAKE NO REPRESENTATION THAT YOUR WEBSITE WILL SATISFY ANY REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OR OF ANY OTHER LAW, REGULATION OR ORDINANCE GOVERNING ACCESSIBILITY OF WEBSITES OR PLACES OF PUBLIC ACCOMMODATION OR OF ANY PRODUCTS OR SERVICES.
THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. WE MAKE NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, AND OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO 1 THIS AGREEMENT, OR THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, 2 THE CONDUCT OF A USER, PROS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
WE ARE NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, CONSUMER USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. IN NO EVENT WILL HOUSECALL PRO’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT INCLUDING NEGLIGENCE, OR STRICT LIABILITY, EVEN IF FORESEEABLE, EXCEED THE SUM OF ALL FEES PAID BY YOU TO HOUSECALL PRO IN THE PREVIOUS SIX 6 MONTHS. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. This Agreement will remain in full force and effect when you use the Service.
You may terminate your account at any time, for any reason. To cancel an account, please send an email to . If you terminate your account, your account could be disabled within 14 days. We may terminate your account or this Agreement at any time, without or with cause, by sending notice to you at the email address you offer in your account registration, or such other email address as you can later offer to us. All decisions in regards to the termination of debts shall be made in the sole discretion of us.
We are not required to offer you spot prior to terminating your account. We are not required, and will be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect. If you’re due a refund for canceling your paid account, a refund may be issued to you within 14 days of request to cancel. The Service is managed and operated by Housecall Pro from its offices within the United States and is meant only to be used by users in the USA and Canada. The Service is not meant to area Housecall Pro to any non U.
S. jurisdiction or law. Housecall Pro makes no illustration that the suggestions or ingredients on or linked in the course of the Service is acceptable or available to be used in other destinations. If User chooses to access the Service from other destinations, it does so by itself initiative and at its own risk and is responsible for compliance with all applicable laws, rules and regulations in its respective area in doing so. You and We agree that any legal disputes or claims among the Parties that cannot be resolved informally will be submitted to binding arbitration in California, except that “common count” claims diagnosed under California law to recuperate a debt, including book account, account slated, competitively priced value of facilities delivered, and money had and obtained, shall not be area to arbitration but shall be field to decision in a legal proceeding in state courts observed in San Diego, California or in some other court having jurisdiction.
The arbitration shall be conducted by the American Arbitration Association, or some other situated ADR company collectively agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Service be instituted greater than three 3 years after the cause of action arose. Subject to applicable law, any disputes between us will only be resolved on an individual basis, and You shall not have a right to bring an action against us as a member or representative of a class or in any consolidated or collective action or in some other legal continuing conducted by a group or by a consultant on behalf of others and this type of rights are expressly waived. You agree to indemnify, defend and hold innocent Housecall Pro, its parents, subsidiaries, associates, officers, agents, partners and employees, from and in opposition to any loss, legal responsibility, claim, demand or suit, including low-cost legal professional’s fees, as a result of or arising out of a any of your acts or omissions, b any violation or breach by you of this Agreement, or c any claim that your Domain Name or any of the Materials, or your use of the Service, violates any law or regulation or any right of any third party, adding any right of privacy, or infringes upon any intellectual property rights of any third party.