Terms and Conditions of Service
Agreement to Terms
IMPORTANT NOTICE: THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU. PLEASE READ THEM CAREFULLY.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE HANDIWERX PLATFORM
References to Handiwerx (or “we” or “us”) in this Terms include Handiwerx’s service providers, to the extent that such service providers are acting for or on behalf of Handiwerx.
Preferred Vendors. Preferred Vendors are independent operators governed under the Handiwerx Technician Coalition Agreement.
Changes to Terms. We may modify these Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
Consent. You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, "you" and "your" will refer to both you and that entity.
Other Program Terms. Handiwerx offers a subscription service as an additional program for its users. Use of the subscription program will result in an additional charge. This subscription charge is automatically renewed. If you elect to participate in one of these subscription programs, Handiwerx requires the completion of a Home Profile.
Services We Provide. Handiwerx connects homeowners and other third parties (individually, "User," collectively, "Users") and home improvement service providers (individually, a "Preferred Vendor" or "Technician," collectively, "Preferred Vendors") to perform home services related jobs.
No Responsibility, Endorsement or Guarantee for Preferred Vendors. Handiwerx does not deliver, and is not responsible for, any Preferred Vendors products, services or advice. Handiwerx enables Users who are seeking help with various services, including those around the home to connect through the website and App with third party professionals, the Preferred Vendors who would like to complete the job for the requesting user. The Preferred Vendors are not employees, contractors or agents of Handiwerx, and Handiwerx is not an agent of any Preferred Vendor. Handiwerx does not sponsor, endorse, recommend or approve any Preferred Vendor who offers products or services through the Services. While we try to confirm that Preferred Vendors meet certain requirements, we cannot and do not represent or warrant that any Preferred Vendor is licensed, qualified, bonded, insured or capable of performing any service. We do not make any guarantees, warranties or representations of any kind regarding any Preferred Vendor, any advice or other information that a Preferred Vendor provides or the products or services that a Preferred Vendor provides, and we are not responsible for any action or inaction of any Preferred Vendor. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Services can match a User’s service needs with a Preferred Vendor or that there are Preferred Vendors in a User’s area that are capable of and willing to meet a User’s service needs. Any quote or estimate provided in connection with the Services is only a guide, is not a contractually binding offer, and is not a guarantee of the actual cost of your specific project. When you work with a Preferred Vendor, your rights will be governed by your contract with the Preferred Vendor and by applicable federal, state and local laws.
Requesting Services. A User may use the Service to request to have a particular Home Service provided (a “Request). Such Requests must be clearly worded, correctly provide for the relevant category of service, and be a fair and accurate description of the work to be done. When making a request, the Requesting User is solely responsible for confirming the accuracy of all information provided, including, the work requested to be done and the location at which the Requesting User will require such Services (the “Premises”). As a Requesting User, by confirming your Request, you understand and agree that you have made an offer, for which a Preferred Vendor has the power to accept or reject in his or her sole discretion. Once you have confirmed your Request, you may cancel the job (“job”) without incurring a fee only before such time that the Preferred Vendor has departed his or her current location for the Premises.
Your Responsibilities. By making a Request, you represent and warrant that you have the right to have the Requested Services completed, the right to grant the Preferred Vendor access to Premises. If you fail to permit access to the Preferred Vendor you will be subject to a minimum charge.
You hereby warrant and represent that, other than as fully and promptly disclosed to Handiwerx as set forth below, you do not have any motivation, status, or interest which Handiwerx may reasonably wish to know about in connection with the Handiwerx Platform, including without limitation, if you are using or will use or intend to use the Handiwerx Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Handiwerx in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Handiwerx Platform.
Cancellation by Preferred Vendor. A Preferred Vendor may cancel a job after accepting the job. If a Preferred Vendor cancels your job, we will take reasonable efforts to match your Request with an alternate Preferred Vendor but are under no obligation to do so. If a job requires cancelation due to inclement weather, the user is responsible to reschedule the job using the Handiwerx Platform.
User Vetting. In Handiwerx’ sole discretion, Preferred Vendors may be subject to an extensive vetting process before they can register for and during their use of the Handiwerx Platform, including but not limited to a verification of identity, using third party service as appropriate (“Identity Checks”). Although Handiwerx may perform Identity Checks, Handiwerx is not required to do so and cannot confirm that each Preferred Vendor is who they claim to be. Handiwerx cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Handiwerx Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons who you do not know. Handiwerx will not be liable for any false or misleading statements made by Users, including but not limited to Preferred Vendors, of the Handiwerx Platform.
Fees & Payment Terms
Handiwerx will not be a party to any agreements or contracts for jobs. We act to coordinate payments between Requesting Users and the Preferred Vendors but do not act as a prime contractor for the job and nothing in our involvement in payment process makes us responsible for the job. Your contract for the performance of the job is with the Preferred Vendor, not with us.
We set rates for jobs (Handiwerx Rate), which may be provided to you during your Request process. The Handiwerx Rate excludes any materials required by the Preferred Vendor to complete the job. You acknowledge and agree that the cost of materials will be in addition to the respective Handiwerx Rate. We reserve the right to modify or update the Handiwerx Rates at any time and in our sole discretion. When submitting a Request for a particular category of Service, we may provide you with the Handiwerx Rate, but are under no obligation to do so and you hereby agree that it is your responsibility to remain informed about the current Handiwerx Rates for the category of Service at the time requested.
You understand and agree that there is a minimum charge set for each Service (“Minimum Charge”) We reserve the right, in our sole discretion, to apply the Minimum Charge to the job if the Preferred Vendor arrives at the Premises prior to any cancellation. If we choose to apply the Minimum Charge, we may consider the cost of materials separately for our determination of whether to apply the Minimum Charge.
Requesting Users will be responsible for paying the invoice for each Job (the “Invoice”), which will include the pricing terms of the Service agreed to between the Requesting User and the Preferred Vendor. By submitting a Request, you agree that you will pay for all Services requested (including all materials, taxes and late fees, as applicable) (the “Service Payment”) that may be accrued by or in connection with your User Account, unless otherwise provided in this Agreement. You understand and agree that we will be responsible, in our sole discretion, for determining the Service Payment amount and any agreement you make directly with the Preferred Vendor regarding payment will not apply. The Service Payment amount will be largely based on the information the Preferred Vendor provides us through the App or website. For all charges applied to your User Account, we will charge your credit card, debit card, bank account on file with us according to the agreed upon amount between you and us for the Service, and you hereby authorize us to charge your credit card, debit card, bank account for the amounts due for the Service Payment immediately upon Preferred Vendor completing the Job. You also authorize us to pre-authorize a charge to your credit card, debit card, bank account based on your Request. We reserve the right, in our sole discretion, but are under no obligation to place a hold on any Service Payment. If your payment does not go through, for any reason, you agree to pay the Service Payment amount due within seven (7) days of us sending the Invoice or receipt. You may be charged a cancellation fee or minimum payment if you book or confirm a Service Request but cancel it before the Service is completed. You further agree that you are responsible for the timely payment of all Service Payments and that any such Service Payment made is non-refundable, unless otherwise determined in our sole discretion. You may use Promotional Credits (as defined below) available in your User Account, if any, as full or partial payment for the Service Payments under the terms of this Agreement and any terms or restrictions attached to the Promotional Credits.
Users are required to provide their credit card, debit card, or bank account details to us when registering for a User Account. By doing so, you authorize us to provide this information to the third party payment processor (the “Payment Processor”) we retain. You acknowledge and agree that the terms of the Payment Processor will govern your agreement and interactions with the Payment Processor and that our terms and policies do not govern and that we have no liability arising from your use of or access to the Payment Processor. You should review the applicable terms and policies of the Payment Processor, including its privacy and data gathering practices. We are not responsible for any arrears by the Payment Processor.
There is currently no charge for your use of the Service, to the extent this includes browsing the Website, downloading the App, Requesting Services, and reviewing Services. We reserve the right to introduce or charge, or change a service fee ("Handiwerx Fees") or implement charges for features of the Service as indicated to Users from time to time. Any revised fees will take effect immediately from the date of posting to the Website, App, or notification to your User Account.
Except for applicable taxes indicated on your Invoice, we do not collect or remit any taxes for any Service Payments received in any jurisdiction. The payment rate used for computing Service Payments paid to Preferred Vendors is inclusive of any and all applicable federal, provincial, state, local, or other fees or taxes owed by such Preferred Vendors. You acknowledge and agree that you are solely responsible for all tax compliance relating to your use of our Service and that in no event will we be responsible for any tax compliance. You further agree to indemnify and hold Handiwerx and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any claims by a taxing authority or any taxes related to your use of the Service.
We may, from time to time and in our sole discretion, provide certain promotional credits ("Promotional Credits") to Users. There is no guarantee of or right to receive any such Promotional Credits. We reserve the right to activate, modify, or delete any such Promotional Credits at any time, in our sole discretion and without notice to you. Promotional Credits are non-transferrable, have no cash value, and will expire no later than 90 days from the date issued to your User Account.
Permissible Use and Handiwerx Intellectual Property
Grant of Limited License to Users. Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.
Handiwerx Services are Protected. The Services, including all material and information, and the selection, arrangement and composition of such information ("Materials") are proprietary property of Handiwerx, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
No Reverse Engineering. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law).
No Automated Queries; No Harvesting. You may not access, download, monitor, or copy any information or content contained on or in the Properties or the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Handiwerx has not intentionally made available through the Properties and the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Preferred Vendors for any purpose.
No Improper Uses. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Handiwerx, its Preferred Vendors, suppliers, other Users or any other person.
License to User Submissions. With respect to both User Submissions and Collected Information, you grant Handiwerx a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium. We will not pay you or otherwise compensate you for User Submissions or Collected Information.
Do Not Post Illegal or Harmful Content. You agree that you are the exclusive owner of all rights in the User Submissions and such rights have not been assigned or encumbered. You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Handiwerx.
Do Not Post Improper Content. You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to Handiwerx Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize, or (iv) contains explicit nudity, adult content, or that is unacceptable for viewing by minors or objectionable, in our sole discretion.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE HANDIWERX, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “HANDIWERX PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, HANDIWERX, USERS, PREFERRED VENDORS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HANDIWERX PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH HANDIWERX, USERS, PREFERRED VENDORS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
Limitation of Liability
IN NO EVENT WILL THE HANDIWERX PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, HANDIWERX, USERS, PREFERRED VENDORS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HANDIWERX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS RELEASE AND HOLD HARMLESS WILL NOT APPLY TO THE EXTENT A CLAIM IS CAUSED SOLELY BY THE NEGLIGENCE OF HANDIWERX.
Any claims relating to use of the Services must be brought by the User or Preferred Vendor within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HANDIWERX PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, HANDIWERX, USERS, PREFERRED VENDORS OR OTHER THIRD PARTIES, OR (3) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. HANDIWERX RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH HANDIWERX IN ASSERTING ANY AVAILABLE DEFENSES.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Hennepin County, Minnesota. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Class Action Waiver. ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN HENNEPIN COUNTY, MINNESOTA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Handiwerx may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
A User’s rights under an agreement with Preferred Vendor will be governed by the terms of the agreement and by applicable federal, state, and local laws.
Attorney Fees. If any of the Handiwerx Parties take legal action against you as a result of your violation of these Terms, the Handiwerx Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’’ fees and costs of such action, in addition to any other relief granted to the Handiwerx Parties.
Termination: No Right to Services. We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent any User’s or Preferred Vendor’s future access to and use of the Services, at any time and for any reason including but not limited to those specifically described in these Terms.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Handiwerx’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement and Severability. These Terms constitute the entire agreement between you and Handiwerx concerning the services and supersede all prior or contemporaneous communications of any kind between you and Handiwerx wither respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force.
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