These terms of service were last modified April, 2020.
Welcome to Housecall Pro, a technology service (“Service”) operated by Codefied Inc. (“Housecall Pro,” “we,” “our,” or “us”), and offered via the housecallpro.com website, that enables service professionals (“Pros,” or "you") to run their business operations.
ACKNOWLEDGEMENT & ACCEPTANCE
You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the Service or our website or by notifying Pros directly in our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms of the Agreement.
USE OF THE SERVICE
The Service is offered to Users who are 18 years of age or older and reside in the United States or Canada. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein.
Subject to User’s compliance with this Agreement, Housecall Pro hereby grants User a non-exclusive, non-transferable right to access and use the Service, solely in the conduct of User’s normal course of business, and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User does not gain any ownership interest of any kind in the Service under this Agreement.
Housecall Pro will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, Housecall Pro may restrict access to some parts of the Service, or the entire Service, to User. Housecall Pro does not make any representations or guarantees regarding uptime or availability of the Service.
SERVICE DATA YOU PROVIDE AS A PRO
To use the Service, You may be required to provide to us, directly or indirectly, with the following types of information (which shall be referred to collectively as “Service Data”):
We require Pros to complete a profile (“Business Profile”). We do not review or verify the information or representations set forth in Business Profiles. Users warrant that the information they submit in creating an account or generating a Business Profile is complete, accurate and current.
Pros are requested to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. Users warrant that the licensing or other qualification information they submit is complete, accurate and current.
Insurance and Bonding
Pros may post information and documents concerning insurance policies and/or bonds covering their operations. While we do not verify this information, Users warrant that the insurance, bonding or other coverage information they submit is complete, accurate and current.
Individual customer data entered or imported by Pros shall remain the property of the Pro. User grants Housecall Pro and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such customer data as may be necessary to provide the Service.
Service Pricing Data
Service pricing data entered or imported by Pros shall remain the property of the Pro. We will not share the individual price data with a third party without the consent of the Pro.
In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
You are responsible for maintaining 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 immediately of any unauthorized use of your account. User is responsible and liable for: (i) User’s conduct; and (ii) any use of the Service through User’s information technology systems or environment, whether authorized 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.
HOW WE USE SERVICE DATA
1. Provide relevant data to our Service and third-party applications (“Apps”) that utilize functionality from Your account to fulfill their services; 2. Send communications on Your behalf to effect the intended purposes of the applicable Service, e.g., sending job scheduling emails, sending en-route text notifications, offering Your marketing promotions; 3. Make Your services available on our and third-party Booking Services that You authorize; 4. Generate invoices to You and collect payment thereon; 5. Verify Your identity and prevent fraud or other unauthorized or illegal activity; 6. Analyze and create anonymized aggregate industry trends and analytics to improve the product and create new features; 7. Provide customer support to You; 8. Use the names, trademarks, service marks and logos associated with Your company to promote the Service; 9. And any other use that we, or a third-party App, describe at the point where we collect data or information with Your consent. Aggregated & Statistical Service Data Rights. Notwithstanding any other provision of this Agreement, Housecall Pro shall own all right, 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 creation, You hereby assign all right, title and interest, including intellectual property rights, in and to such aggregated and statistical data to Housecall Pro.
We also reserve the right to use any version of your website from our Website Builder service (or any part thereof) for any of our marketing or promotional activities, online or offline, and to modify it as reasonably required for such purposes, and you hereby waive any claims against us or anyone acting on our behalf relating to any past, present or future moral rights, artists’ rights or any other rights you may have in or to such content with respect to such uses.
COMMUNICATING WITH YOU
You authorize Housecall Pro, inclusive of its agents, affiliates and independent contractors, to contact you at the email address or telephone number that you have provided to Housecall Pro for advertisement, telemarketing, solicitation or other purposes, using a pre-recorded voice to deliver a message, or texting you. You can unsubscribe from these messages in the settings of your account.
SUBSCRIPTION FEE FOR USE OF HOUSECALL PRO
Housecall Pro has various levels of service that are billed on a subscription basis for the term as specified when you subscribe. When you sign up for a subscription-billing based account, you agree to allow us to bill your credit card (or other payment method) for all due charges. We will re-bill for any failed billing or past-due 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 guarantee window. We reserve the right to revise pricing at any time; however, 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 offer different levels of service in alternative price plans and to impose different restrictions or levels of service in such alternative plans, including but not limited to terms related to amount or format of content, network traffic or bandwidth and number of subscribers or users.
Housecall Pro may terminate this Agreement in accordance with the terms herein. Housecall Pro may also immediately suspend, limit, or terminate User’s access to the Service, or terminate this Agreement, if: (i) User violates this Agreement; (ii) User violates any applicable law or regulation relating to User’s use of the Service; (iii) User engages in any conduct which Housecall Pro, in its sole discretion, believes creates a security risk or is otherwise harmful to Housecall Pro or others; or (iv) User breaches any other agreement with Housecall Pro.
In select agreements, we offer a money-back guarantee for the first 30 days. We will refund you all of the subscription charges if you cancel within this time period. You will not receive a refund for items not included in the baseline monthly subscription fee (including activation fees, postcards, chargebacks, etc.). This money-back guarantee does not apply to re- enrollments after your first subscription. To cancel your service and request a refund, please email us at firstname.lastname@example.org.
PAYMENT PROCESSING TERMS
Card Not Present
You acknowledge that all payment or financial card (“Card”) transactions (except those conducted using Card Readers provided by us) are processed as “card not present” transactions, even where the consumer is at the physical point of sale and a consumer has different Chargeback rights for “card not present” transactions than for transactions where the buyer physically presents the card to the seller.
We will review some or all of the information that you submit in connection with your request to sign up for the Service. We may forward such information on to our payments processor. After you submit your application, we or our processor may conclude that you will not be permitted to use the Service.
We may impose various transaction limits and rules on Pros. If you believe that the transaction limits are interfering with your business, please contact our support to request higher limits. We may require more information about your business to evaluate your request and will decide at our sole discretion whether to honor such requests. We will consider a variety of factors in making our decision, including but not limited to a proprietary set of rules, Chargeback rates, transaction behavior, and other supplemental data about your business.
Restrictions on Certain Transactions
You may not use Card transactions for activities unrelated to the activities described in your Business Profile. Without limiting the generality of the foregoing, you may not use Card transactions for shipping products, for selling products not related to on-site work in the business described in your Business Profile, for making or receiving payments on loans or for transactions involving motor vehicles.
Payment Processing Fees
You agree to pay a payment processing or other transaction-related fees (“Fees”) in addition to our platform fee. We reserve the right to change our Fees at any time in our sole discretion.
Access to Your Funds
We will deposit to your bank account the amounts actually received by us for transactions submitted through the Service (less any applicable Fees). We reserve the right to revise our payout schedule. Once your US bank account information is verified, we will automatically initiate a payout to your designated bank account at the end of every business day except as provided below. Payouts to your bank account will normally register within 2-3 business days subject to your bank’s policies.
Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we or the designated financial institutions have accepted the transaction or funds. You are responsible for monitoring your transactions and ensuring that our payments to you are 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 history. Failure to notify us of such an error in accordance with this Agreement will be deemed a waiver of any right to amounts owed to you.
Restrictions on Availability of Funds
Should we need to conduct an investigation or resolve any suspicious activity or pending dispute related to Pro account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entity.
The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Card Associations (defined below), our processor, or a payer’s or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
There is a non-refundable $25 fee for each Chargeback regardless of the outcome of the dispute.
Our Collection Rights for Chargebacks
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve (defined below). We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the card-issuing bank or organization (“Card Association”) or our processor from your bank account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts to your bank account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all the Pros account deficit balances unpaid by you.
Any bank account or Card information may be held by Housecall Pro in order to satisfy any account balances, disputes, refunds, Chargebacks or other liabilities or obligations after leaving or terminating the Service.
If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new processing Fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts and (d) terminating or suspending your access to the Service.
If we have reasonable suspicion of misuse, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled products or services 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, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our processor may determine or require. If you do not have sufficient 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 payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your bank account.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Service (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. If in a given calendar year you receive (i) more than $20,000 in gross amount of payments and (ii) more than 200 payments, we will report annually to the Internal Revenue Service (“IRS”), as required by law, your name, business name, address, Tax Identification Number the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year.
You are solely responsible for all customer service issues relating to your services, including pricing, fulfillment, cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, you are solely responsible for customer service issues relating to your account.
Refunds and Returns
You agree to process returns, and provide refunds and adjustments for, your goods or services through your Pro account in accordance with these terms and any applicable Card Association Rules. Card Association Rules may require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to customers at the time of purchase, (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 preparing a Card sale refund. You are responsible for knowing and adhering to the Card Association Rules applicable to you, and Housecall Pro will not be liable for any violation by you of the Card Association Rules. The amount of the refund/ adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer 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 must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the buyer, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your customer’s Card. Transaction Fees are also refunded, so the full purchase amount is always returned to your customer. We have no obligation to accept any returns of any of your goods or services on your behalf.
We provide you an online transaction history of all of your authorized transactions. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your account and your use of the Service and (b) reconciling all transactional information that is associated with your account.
We will attempt to rectify processing errors that we discover, and may withhold funds pending our investigation of any such errors. If the error resulted in your receipt of less than the correct amount to which you were entitled, we will credit your bank account for the difference. If the error results in your receipt of more than the correct amount to which you were entitled, we will debit the extra funds from your bank account. We will only correct transactions that you process incorrectly if and when 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 will be deemed a waiver of any right to amounts owed to you.
RELATED PAYMENT PROCESSING TERMS OF SERVICE
In offering payment processing services, we may use third party payment processors, such as Stripe or other service providers (“Third Party Payment Processors”). By using payment processing services offered via the Service, you acknowledge and agree that the terms and privacy policies of any such third party payment processors may be applicable to you (such as Stripe’s terms located at https://stripe.com/ssa). Housecall Pro is not liable for the acts or omissions of any third party, including any Third Party Payment Processor.
In order to verify your banking information, Housecall Pro may use third party verification softwares, such as Plaid or other service providers (“Third Party Verification Softwares”) to help verify the information provided during payment processing set up. By using payment processing services offered 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 (such as Plaid’s terms located at https://plaid.com/legal/). Housecall Pro is not liable for the acts or omissions of any third party, including any Third Party Verification Softwares.
CREDIT CARD TRANSACTION AND ACCOUNT REVIEWS
We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to money in it or that is sent to you until verification is completed.
Reviews may result in:
- delayed, blocked or cancelled transfers;
- money or payments being held by us;
- money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
- account limitation, suspension or termination;
- money or payments being seized to comply with a court order, warrant or other legal process; and/or
- money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).
Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Housecall Pro account, or if you were a participant in a transaction for goods and services between two personal accounts.
INTELLECTUAL PROPERTY AND WEBSITE CONTENT
The Service will allow you to set up a website through which you may advertise and offer your services or goods (“Website”). If you own and wish to use an existing domain name for your Website, you will be required to transfer ownership and management of the domain name to Housecall Pro. Alternatively, you can request that Housecall Pro purchase the domain name for use in your Website, in which case Housecall Pro will purchase such domain name on your behalf if available. In the event you cancel your Website with the Website Builder feature of the Service, we will, at your written request, transfer your domain name to any hosting service you identify, and if no instructions for transfer are received within 30 days after your cancellation takes effect, then we will cease to renew your domain name effective upon the next regular renewal date. You acknowledge and agree that this is your sole remedy with regard to the transfer of any domain name following your cancellation of the Website within the Service.
If you wish to change the domain name you use for your Website, we will either accept the transfer from you or purchase, if available, the new domain name and transfer to you the domain name previously used by you. The domain name used for your Website is referred to in these Terms of Service as the “Domain Name.”
We will bill you for all charges or fees associated with the purchase, transfer and maintenance of any domain names used by you for your Website.
You are responsible for assuring that the Domain Name does not violate any rights of any third party, including any intellectual property rights. We may remove your Website at any time if we determine or have reason to believe, in our sole discretion, that your Domain Name may infringe upon the rights of any third party.
We respect the intellectual property rights of others and act in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any of your work has been copied or was otherwise used in a way that constitutes copyright infringement, please immediately notify our designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please include the following information in writing to our designated Copyright Agent: (a) a physical or electronic signature and the contact information of the person authorized to act on behalf of the owner of the copyright, (b) a description of the copyrighted work you claim has been infringed, (c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material (including the URL address), (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (e) a statement that the information in the Notification is accurate, and, under penalty of perjury, a statement that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Please be advised that pursuant to federal law you may be held liable for damages if you make a material misrepresentation in the Notification. Thus, if you are not certain that your copyright has been infringed, you should consider consulting an attorney.
Our Copyright Agent can be reached at the following address:
Codefied Inc. dba Housecall Pro
9868 Scranton Rd, Suite 3000
San Diego, CA 92121
Attention: Copyright Agent
If you believe your own copyrighted material has been removed as a result of a mistake or misidentification, you may submit a written counter notification to our designated Copyright Agent using the contact information provided above (“Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (a) identification of the information that has been removed or disabled and the location at which the material appeared before it was removed or disabled, (b) a statement that you consent to the jurisdiction of the U.S. Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located, (c) a statement that you will accept service of process from the party that filed the Notification or the party’s agent, (d) your name, address and telephone number, (e) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, and (f) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
Materials You Provide
You are responsible for all content you provide to Housecall Pro in connection with your Website, including photos, images, graphics, written content, audio files, or other information or data (the “Materials”). We do not claim any intellectual property rights over the Materials other than the domain name you provide to populate your Website. All Materials you upload remain your property. You can remove the Materials and your Website at any time by deleting your account.
By uploading your Materials, you agree (a) to allow other Internet users to view the Materials you post publicly to your Website, (b) to allow Housecall Pro to store, and in the case of Materials you post publicly, to display the Materials, and (c) that Housecall Pro can at any time review any of the Materials although Housecall Pro is not obligated to do so.
You are responsible for assuring that your Materials and the content shown on your Website do not violate any law or regulation, do not violate any rights of any third party, including any privacy rights, and do not infringe upon any intellectual property rights of any third party.
ACCEPTABLE USE OF OUR SERVICE
Certain uses of our Service our inconsistent with our mission to improve the experience of our Pros. The following activities are prohibited:
1. Child exploitation: You may not post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
2. Harassment, bullying, defamation and threats: You may not post or upload Materials that harass, bully, defame or threaten any person.
3. Hateful content: You may not use the Service to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discrimination. You may not use the Service to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
4. Illegal activities: You may not post or upload Materials that violate any applicable laws.
5. Privacy or Intellectual property: You may not post or upload Materials that infringe on the privacy or intellectual property rights of others.
6. Obscene or offensive content. You may not post or upload any Materials that we find in our sole discretion to be obscene, indecent or offensive in any way.
7. Malicious and deceptive practices: You may not use the Service to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Service or other infrastructure of Housecall Pro or others, including any of our third party providers. You may not use the Service for deceptive practices or activities.
8. Personally identifiable or confidential information. You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
9. Self-harm: You may not offer goods or services, or post or upload Materials that promote self-harm.
10. Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
11. Terrorist organizations: You may not offer goods or services, or post or upload Materials that imply or promote support or funding of, or membership in, a terrorist organization.
We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Service if you engage in activities that violate this Agreement.
SMS NOTIFICATION, CHAT, AND PHONE NUMBER
Default phone number
We will provide a default notification phone number for your business. Based on your configuration of the Services, you will send job related notifications to your customers from this phone number when notifications are turned on. Customers will not be able to respond to messages that you send from this default number. You agree that you are the sender of these communications, not Housecall Pro. You also agree that Housecall Pro is not liable to you, your employees or independent contractors, or your potential or actual customers for any such communications. You further agree that you will indemnify and hold harmless Housecall Pro from any claims that these communications violate any federal or state law or regulation.
Company specific notification phone number
You will be able to add the company specific phone number feature for an additional monthly charge if your Housecall Pro subscription includes access to the feature. You may be able to choose the area code in which the company specific phone number is located. This number cannot be changed once it is chosen. Based on your configuration of the Services, you will send job related notifications to your customers from this phone number when notifications are turned on. Customers will not be able to respond to messages that you send from this default number. You agree that you are the sender of these communications, not Housecall Pro. You also agree that Housecall Po is not liable to you, your employees or independent contractors, or your potential or actual customers for any such communications. You further agree that you will indemnify and hold harmless Housecall Pro from any claims that these communications violate any federal or state law or regulation.
Notification phone number transferability
Company specific notification phone numbers are not transferable. Your company specific notification phone number will be held for ninety (90) days after you cancel your subscription.
Restrictions and limitations
If we have reasonable suspicion of misuse, we may temporarily suspend or deactivate your phone number functionality for any period of time, in our discretion.
CONSENT TO RECEIVE MESSAGES FROM US
You authorize Housecall Pro, inclusive of its agents, affiliates and independent contractors, to contact you at the email address or telephone number that you have provided to Housecall Pro for advertisement, telemarketing, solicitation or other purposes, using an automatic telephone dialing system or a pre-recorded voice to deliver a message. You can unsubscribe from these messages in the settings of your account. If you do not consent to receive these messages or if you later unsubscribe, you may miss out and not receive certain messages from Housecall Pro.
Housecall Pro offers the ability for consumers (“Consumers”) to book your services, interact with you during your services, view line items and work progression, sign-off on your services, and pay for your services through the Housecall booking app and website, and other third-party booking services (collectively “Booking Services”). Consumers can utilize Booking Services functionality at job inception by ordering through a Booking Services provider, or after the job has started by linking a consumer Housecall account to a job that is transacted for them.
All Pros participating in Booking Services are required to follow a code of conduct to create a thriving ecosystem of satisfied customers that will help grow your business.
Stay on Platform: If you receive a job request or a message through Booking Services, you are expected to complete the job through the originating Booking Services provider. It’s important for a customer to have a consistent experience with notification, work, and billing. Be Responsive: Your customers expect prompt communication, do your best to get back to them within 24 hours. Book customers quickly. Get Approval: Provide your customers with up-front estimates for work you’re qualified to do before you start the job. Get customer approval for any additional charges before closing 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 customer in advance if you need to reschedule. Be Yourself: You were requested, so you’re expected to be the person showing up and doing the work. If you’re sending someone on your behalf, use the dispatch functionality built-in to the app. Be Professional: Use our messaging feature for business only. We reserve the right to read through messages if a customer reports abuse. Follow Through: Complete every job to the best of your ability. If you receive a negative review from a customer, you are responsible for correction or reimbursement if warranted. Promote Other Pros:If you can’t perform a request, recommend another Housecall Pro in your place - what goes around comes around. Be the Best: Provide quality work for every customer - they will rate you accordingly. We reserve the right to remove you from the Booking Services for failing to adhere to the code.
Relationship between Housecall and Pros
Housecall Pro and Pros are separate and independent entities, and the employee of one of those entities is not an employee of another entity. We are not an agent of the Pros and vice versa. We provide a referral service to Pros. In no event will Housecall Pro be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Pros or any of its affiliates or their respective personnel.
Booking Services Participation
Housecall Pro and Pros are separate and independent entities, and the employee of one of those entities is not an employee of another entity. We are not an agent of the Pros and vice versa. We provide a referral service to Pros. In no event will Housecall Pro be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Pros or any of its affiliates or their respective personnel.
Booking Services Data
Consumers of Booking Services have the ability to order and transact service work through a Booking Services provider. Consumers on those platforms have the right to access and use service work data for all services performed on properties they own within Pro service records. Consumers may be able to create an account with the Booking Services provider and are additionally subject to the terms and conditions of the Booking Services provider.
Booking Services Referral Fees
We may charge a referral fee for each job that is completed for a Booking Services Consumer. The rates for this fee shall be disclosed upfront and are subject to change.
Booking Services Referral Fee Exclusion for a Pro's Existing Customers
Pros will not pay a referral fee for customers that were previously existing customers of a Pro. To be properly credited for this, the customer must be linked to the Pro’s account prior to the origination of a job. To link to a Pro, one of the following must occur: 1) the customer must enter a Pro's "app code" in the Housecall booking app before booking a job or having a job booked on their behalf by the Pro, 2) the customer must register with the Housecall booking app by clicking the link in the text or email that is sent by the Housecall Pro service as part of a job workflow, or 3) the confirmed email that the customer uses to register or originate a job with must match the email address that the Pro has on file for a customer in their own database before a job is ordered.
INTERACTIONS AND DISPUTES WITH CONSUMERS
No Warranty or Endorsement of Pros Services
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.
Relationship Between Pros and Consumers
PROS ARE SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH CONSUMERS. CONSUMER’S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH PROS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY PRO, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE PROS DIRECTLY. WE ARE NOT A PARTY OR THIRD- PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND PROS.
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.
WE MAY FROM TIME TO TIME RECOMMEND, PROVIDE YOU WITH ACCESS TO, OR ENABLE THIRD PARTY SOFTWARE APPLICATIONS, PRODUCTS, SERVICES OR WEBSITE LINKS (“THIRD PARTY SERVICES”) FOR YOUR CONSIDERATION OR USE. SUCH THIRD PARTY SERVICES ARE FOR YOUR CONVENIENCE ONLY AND WE MAKE NO WARRANTY OF ANY KIND WHATSOEVER REGARDING SUCH THIRD PARTY SERVICES.
LIMITATIONS OF LIABILITY
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.
Blocking of IP Addresses and UDIDs
In order to protect the integrity of the Service, we reserve the right, at any time, in our sole discretion, to block Users from certain IP addresses and UDIDs from accessing the Service.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk.
TERMINATION OF ACCOUNT
This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason. To cancel an account, please send an email to email@example.com. If you terminate your account, your account will be disabled within 14 days. We may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to us. All decisions regarding the termination of accounts shall be made in the sole discretion of us. We are not required to provide you notice prior to terminating your account. We are not required, and may 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 are due a refund for canceling your paid account, a refund will be issued to you within 14 days of request to cancel.
JURISDICTION AND CHOICE OF LAW
This Agreement is governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
The Service is controlled and operated by Housecall Pro from its offices within the United States and is intended only for use by users in the United States and Canada. The Service is not intended to subject Housecall Pro to any non-U.S. jurisdiction or law. Housecall Pro makes no representation that the information or materials on or linked through the Service is appropriate or available for use in other locations. If User chooses to access the Service from other locations, it does so on its own initiative and at its own risk and is responsible for compliance with all applicable laws, rules and regulations in its respective location in doing so.
You and We agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in California, except that “common count” claims recognized under California law to recover a debt, including book account, account slated, reasonable value of services delivered, and money had and received, shall not be subject to arbitration but shall be subject to resolution in a legal proceeding in state courts located in San Diego, California or in any other court having jurisdiction. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually 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 more 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 any other legal proceeding conducted by a group or by a representative on behalf of others and any such rights are expressly waived.
You agree to indemnify, defend and hold harmless Housecall Pro, its parents, subsidiaries, affiliates, officers, agents, partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from 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, including any right of privacy, or infringes upon any intellectual property rights of any third party.
NO THIRD PARTY BENEFICIARIES
Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Housecall Pro and the Pros, any benefit, right or remedy.
The provisions of these Terms of Service shall survive and continue to apply after our relationship expires or has been terminated for any reason, except where otherwise required by the context.
Under no circumstances will Housecall Pro be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond Housecall Pro’s reasonable control.
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.
The failure by Housecall Pro to enforce any right or provision of this Agreement will not prevent Housecall Pro from enforcing such right or provision in the future.
No delay, failure or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by an acts of war; terrorism, hurricanes, earthquakes and other acts of God or of nature, fire or flood; strike or labor unrest; degradation of telecommunications service; degradation of computer services not under the direct control of such party; or other causes beyond the performing party’s reasonable control.
Housecall Pro may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. User may not assign rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without Housecall Pro’s prior written consent.
Housecall Pro may send notices pursuant to this Agreement to User’s email contact points provided by User, and such notices will be deemed received at the time they are sent. User may send notice pursuant to this Agreement to the email address below, and such notices will be deemed to be received at the time they are sent.
If User has questions or comments about the Service or this Agreement, please contact us contact us at firstname.lastname@example.org.