Thank you for using Service.com products and services (“Services”). The Services are provided by Service.com LLC. (“Service.com”), by using Service.com Services, you are agreeing to these terms and to follow all Service.com policies made available to you. Please read them carefully.
Using our Services
As a service professional (“Service Pro”) you agree that you are an independent contractor or independent sub-contractor who performs work or services for hire by members of Service.com. “Member” as used herein shall mean people who have created an account on Service.com and have a need for service to be performed in a residence they own or rent. As a Service Pro you agree to the Member Terms http://service.com/terms-of-service/ of being a Member of Service.com in addition to the following terms. “Work” as used herein shall mean work and or services as appropriate in each particular case. You agree not to misuse Service.com Services. You agree not to interfere with Service.com Services or try to access them using a method other than the interface and the instructions that Service.com provides. You agree to use Service.com Services only as permitted by law, including applicable export and re-export control laws and regulations. Service.com may suspend or stop providing Service.com Services to you if you do not comply with Service.com terms or policies or if Service.com is investigating suspected misconduct. Using Service.com Services does not give you ownership of any intellectual property rights in Service.com Services or the content you access. You agree to not use content from Service.com Services unless you obtain permission from Service.com or where Service.com is not the owner of the content, from its owner or when otherwise permitted by law. Except as specified herein, these terms do not grant you the right to use any branding or logos used in Service.com Services. You do not have the right to remove, obscure, or alter any legal notices displayed in or along with Service.com Services. Service.com Services display some content that is not Service.com’s. This content is the sole responsibility of the entity that makes it available. Service.com may review content to determine whether it is illegal or violates Service.com policies, and Service.com may remove or refuse to display content that Service.com reasonably believe violates Service.com policies or the law. But that does not necessarily mean that Service.com reviews all content, so please don’t assume that we do. In connection with your use of the Service.com Services, Service.com may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Corporate Social Responsibility
Corporate Social Responsibility (CSR) is important to us at Service.com and we hope it’s part of your business practices as well. We feel that it’s your corporate social responsibility to consider your community in your businesses decisions. As part of being a Service Pro on Service.com’s platform:
- You agree to provide fair pricing to all Members regardless of age, race or socioeconomic status.
- If you learn of any matters that you feel would impact Service.com CSR – we would like you to communicate to our project managers immediately.
You may need a Service.com Account in order to use some of Service.com Services. You may create your own Service.com Account, or your Service.com Account may be assigned to you by an administrator, such as your employer. If you are using a Service.com Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. You are not permitted to create an account for someone without their prior consent nor are you permitted to install our software on someone’s devices without their prior consent – to do so would be a violation of these terms and is against the law. If you learn of any unauthorized use of our software please notify Service.com by calling 888-805-0010. If you learn of any unauthorized use of your password or account, please change your password immediately and notify Service.com by calling 888-805-0010. Just having an account does not make you eligible to perform Work for a Member. You must be verified by supplying information listed in the Service Pro Score section below. Until you are verified you may communicate to members but realize that your status is “Pending Verification” and does not guarantee any exclusivity to Work or rights herein.
Hiring of Service Pros
If you are a Service Pro who has been hired by a member to perform a service then you agree to perform that service according to industry standards and according to the terms agreed upon by both you and the member. If you do not perform the service then you should not have a right to claim any funds regardless of the reason. In order to be hired you must supply Service.com a copy of your insurance and any licensure that is required in the state of where the Work is to be performed. Service.com reserves the right to put a Pre-Auth on the members credit card in the agreed upon amount in order to ensure that the funds are available for the service pro. Service.com will perform the transaction with the supplied credit/debit/banking or financing information for the agreed upon amount and will escrow the funds until such time as the Work is completed.
Service.com will charge your credit card for for leads provided. If you and the homeowner choose to use Service.com to help facilitate payment for the work* then you will be paid an agreed upon downpayment and remainder at the completion of the work.* Service.com can also assist with financing for the homeowner and can make payments to you for work performed.
*All Work paid for via debit or credit card is subject to a transaction fee (“Transaction Fees”) of 2.9%. This fee covers the cost of credit/debit card transactions, ACH settlement to the Service Pro, liability coverage, chargebacks, platform expenses and other miscellaneous expenses. There is no fee for Member ACH bank transfers.
Settlement of Funds
If a member chooses to pay you through our service for Work performed, then once the member marks a project as “Completed” then the credit/debit/bank transfer transaction is performed. You agree to be paid minus Transaction Fees, usually within 2 business days. Typical settlement with Service Pros who are “Verified Service.com Service Pro(s)”, these are Service Pros who have complete at least 5 jobs and whose Service Pro Score is above 100 often have next business day settlements. Service.com reserves the right to delay settlement for any aberrant transactions including but not limited to non-domestic sources, flagged accounts, legal disputes, liens, member request, investigations, etc.
The Service Pro must own the bank account provided to Service.com. In accordance with the terms of the Agreement, Service.com may:
- deposit into this account amounts owed to Service Pro by Service.com, such as proceeds from Work,
- debit this account for amounts Service Pro owes to Service.com associated with it’s account, such as fees for processing Merchant’s Payment Card Transactions
- debit this account for any negative amounts presented, such as refunds, returns or Chargebacks
We take all concerns very seriously and will use reasonable efforts to resolve them. If a dispute between a Member and a Service Pro arises then Service.com will log the dispute and will review all information it has regarding the matter. No payment shall be made to either party until the dispute is resolved. You agree that Service.com is a third-party and not affiliated with the Service Pro. Service.com will use reasonable efforts to help both parties adhere to the terms of the Work defined by both the Member and the Service Pro. If any Work is performed without use of our Services and/or payment is made external to the Service.com then Service.com will not be able to help resolve any disputes as you are not acting as Member and are therefore violating these terms and do not receive any benefits from Service.com. The terms of the Work can include but are not limited to the Quote supplied by the Service Pro, the correspondence in the Service Chat and any promotions. Any signed contracts outside of Service should be considered part of the terms of the Work when uploaded to the Service prior to hiring and/or change orders agreed to in writing by both parties. Any conversations or other interactions not documented on the Service can’t be defined as terms of the Work. Therefore it is advisable that all interactions are documented on the Service. Service.com will help mitigate any disputes by reviewing any claims, the terms of the Work, and may even have another Service Pro who is verified on the Service.com act as a 3rd party to review any Work that is in dispute. Service.com will not be responsible for additional costs required to mitigate any agreed upon settlement – either the Service Pro will agree to a discount or the Member will pay Service Pro in full. A member may hire another Service Pro but the Member is responsible for all costs. Mindful of the high cost of litigation, not only in dollars, but also in time and energy, if a dispute develops between you and the Service Pro, you agree to submit to non-binding mediation to address any controversy or claim and you agree that you will use good faith efforts to resolve the dispute.
Execution of work
You agree that you shall and you shall have and all subcontractors that you may use furnish all labor, material, services, tools, equipment, and fixtures necessary to perform and complete in a good and workmanlike manner all work and services to be done for members. You agree that all work and services that you do and that you have your subcontractors do for members shall be done in accordance with, all laws, ordinances, building codes, rules and regulations applying to the work and services, including, but not limited to, the Americans with Disabilities Act, environmental regulations and the Occupational Safety and Health Act of 1970, as amended.
Service Pro Warranty to members on Projects
You agree to give a minimum warranty of 90 days on all Work performed commencing on the final payment after work is completed and listed on terms of Work uploaded to a project. The warranty should be listed under the terms and conditions of a job, order or project. Service Pros are expected to match industry standards and you may provide whatever Warranty as long as it is clearly in writing for Member in the uploaded terms of Work as long as they are at least 90 days.
General Conditions of the Contract between Service Pro and Member
You agree to warrant to all members that all labor, materials and equipment furnished shall be new and of the type and quality agreed in writing between you and the member and installed in a good and workmanlike manner. You agree that you will further warrant to members that (i) you shall use sound principles and practices in the performance of the all work and all work shall conform to industry standards; (ii) you shall apply to and have your subcontractors apply to the all work a high degree of skill, care, judgment and supervision to assure that the work is performed properly; (iii) all work will be free from defects; and (iv) all work will conform to the requirements of the contact documents executed by you and member.
Privacy and Copyright Protection
Service.com’s privacy policies explain how we treat your personal data and protect your privacy when you use Service.com Services. By using Service.com Services, you agree that Service.com can use your data in accordance with Service.com privacy policies http://service.com/privacy/ . Service.com responds to notices of alleged copyright infringement and will terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Service.com provides information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can call 888-805-0010.
Your Content in our Services
Web Page / URL
Service.com supplies web pages that may reflect the name of their business or the nature of their business. A Service Pro has the right to choose the photos, descriptions and services on this web page as long as it does not violate any of our terms and conditions. Service Pros agree not to use anyone else’s Trademarked/Servicemarked name without their consent or a name that is defamatory in anyway. The Web Page URL is property of Service.com and we retain the right to remove your URL should you violate our terms and conditions.
About Software in our Services
When a Service.com Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Service.com Services may let you adjust your automatic update settings. Service.com gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Service.com as part of the Service.com Services in specified countries and or territories. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service.com Services as provided by Service.com, in the manner permitted by these terms. You agree you will not copy, modify, distribute, sell, or lease any part of Service.com Services or included software, and you agree not to reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have written permission from Service.com. Your license shall automatically terminate when you stop using Service.com Services or if Service.com stops or suspends providing its services to you. Open source software is important to Service.com. Some software used in Service.com Services may be offered under an open source license that Service.com will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
Service.com is constantly changing and improving its Services. Service.com may add or remove functionalities or features, and Service.com may at any time suspend or stop a service altogether. You can stop using Service.com Services at any time. Service.com may also stop providing Services to you, or add or create new limits to Service.com Services at any time. You own your data and preserving your access to such data is important. If we discontinue a service, where reasonably possible, Service.com will seek to give you reasonable advance notice and a chance to retrieve your data out of that service.
Service Level Agreement
Our service relies on Amazon Web Services for our infrastructure needs and therefore we have chosen to match their service level for our members:
You agree that Service.com shall bear no responsibility for hosting Merchant services if they are provided by our partner. If you choose to accept debit and credit cards as part of the Service.com Service you agree to be bound by the terms and conditions of our Payment Processing Partners. Please review their terms and conditions on the following services:
Service.com Warranties and Disclaimers
We provide Service.com Services using a commercially reasonable level of skill and care. But there are certain things that Service.com does not promise about Service.com Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SERVICE.COM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SERVICE.COM PROVIDES THE SERVICE.COM SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, SERVICE.COM EXCLUDES ALL WARRANTIES BOTH EXPRESSED OR IMPLIED.
Liability for Service.com Services
YOU AGREE THAT Service.com, ITS OFFICERS, EMPLOYEES, AGENTS, Service.com’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Service.com, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID Service.com TO USE THE Service.com SERVICES (OR, IF Service.com CHOOSES, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, Service.com, ITS OFFICERS, EMPLOYEES, AGENTS AND Service.com SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OR INJURY WHETHER OR NOT IT IS REASONABLY FORESEEABLE. NO MATTER WHETHER BASED ON WARRANTY, CONTRACT TORT, OR ANY OTHER THEORY, Service.com, ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OR CESSATION OF Service.com SERVICES, ANY MISTAKES OR OMISSIONS OF YOUR CONTENT OR ANY VIRUS, BUGS, ETC TRANSMITTED OR THROUGH Service.com SERVICES.
Business uses of our Services
If you are using Service.com Services on behalf of a business, by your use on behalf of a business, that business accepts these terms of service set forth herein. Where ever in these terms, the terms refer to “you”, “you” shall include both you and business on whose behalf you are using Service.com Services
You agree to indemnify, defend and hold harmless Service.com, its affiliates, officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, obligations, expenses, suits, actions, damages, claims, judgements, demands and costs, including reasonable attorneys’ fees, litigation costs and court costs due to or arising from or related to: (a) the use of Service.com Services (b) any work or service provided by you or your subcontractors or which you or your subcontractors failed to provide to members (c) any violation of these terms; (d) inaccurate or untruthful content or other information provided by you to Service.com or that you submit, transmit or otherwise make available through Service.com; (e) any intentional or willful violation of any rights of another or harm you may have caused to another; or (f) breach of any party’s intellectual property rights resulting from our use of content you uploaded or otherwise submitted to Service.com. Service.com, if it elects at your expense, shall have sole control of the defense and settlement of any such suits, actions and claims.
You agree that you will not collect Member’s and/or Service Pro’s content or information, or otherwise access Service.com using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
Service Pro Score
In order to qualify you for credit on the Service.com platform, you supply us information including but not limited to:
- Business address
- Business email
- Business phone
- Ownership information
- Personal phone
- Contact details
- Licenses – state and local business registration
- Business hours
- Business references
With the information supplied we may review and confirm some or all of the following:
- Identity verification
- Background checks
- Licenses and authorizations (in areas you are selecting jobs)
- State level trade license verification (where applicable)
- Insurance coverage
- Bankruptcy, judgements and liens records check
- County court search
- Federal court search
- Sex offender registry
- National criminal registry
- Social security trace
- On-site audit
- Other prohibited dealings lists (OFAC)
- Credit check
- BBB Verification
- EIN Lookup
- US DOT# Lookup
- IP Address Verification
- Phone Number Verification
- On-line reputation review
- Other lead generation, search or payment websites and companies
Regarding Jobs, Leads and Orders
We attempt to promote your business with a number of methods, including but not limited to SEO, ranking, e-mail, social sites and postings. As such we attempt to get you more business. When we receive member information, we may share some or all of this information with you. You agree that whatever we share will be your information. You also agree that we do not guarantee any leads, jobs or orders and if a job or order is initiated and lost/cancelled – we cannot help you. You also agree that we are not responsible for Work expenses including but not limited to materials or labor expenses incurred by your business for cancelled jobs or orders as the contracting agreement is between you and the member directly, Service.com is simply providing a service to help facilitate communication and payment.
Members will be rating you. If you want, you can request reviews of ratings. We will only remove ratings if they are offensive or factually incorrect. Ratings with a clear connection to your organization will not be posted.
If you accept direct bookings, it is your responsibility to make sure you are available at that time. You shall update and maintain a current schedule and you will confirm every booked appointment. You will honor every booked appointment, unless otherwise confirmed with member. Our service fee will be deducted before you receive payment. You understand that work that you book are not guaranteed and things might go wrong.
Conveyed Information and Disputes
You agree to:
- You will follow a resolution process we decide on to help with a disagreement you may have with a member
- If you provide testimonials, we will have the right to use them
- If you provide a quotation, you will honor it
- When you post content to your service web page, you have own the rights to it but anything you upload we will have the right to use
- You will not do anything illegal
- You will maintain insurance necessary to cover your line of work
- You will pull appropriate permits with the appropriate municipalities for all work requiring permits
- You will notify us of work that will be tardy or not meeting expected timelines
- You will notify Service.com of any disputes with members within 24 hours
- Only your direct employees or independent contractors will do work for jobs you take
- You will keep your profile page up to date
- If you agree to a communication type, you will use it
- If you partake in a promotion, you will honor it
- You agree to be contacted by us
If you are suspected of circumventing Service.com to avoid Service Fees, we are going to look into it and we reserve the right to modify your account, restrict, suspend or remove you from Service.com.
If you don’t comply with these terms.
If you do not comply with these terms, we reserve the right to reassign all work and contracts you may have, and then we reserve the right to sue you. Your listing may be deleted.
Use of our stuff
You can use our logo in your emails provided you acknowledge in them that we own the logo, and provided you do not use it in a disparaging manner, and unless we notify you that you can no longer use it. You can use our ratings on your other profiles provided you acknowledge that we own them and provided you do not use it in a disparaging manner, and unless we notify you that you can no longer use it. You can use our domain, provided you acknowledge that we own it and provided you do not use it in a disparaging manner, and unless we notify you that you can no longer use it.
We want to help you and your business. Our project managers and automated systems may help facilitate communication on some or all projects. You agree that we can access your account and review usage if we deem appropriate and help facilitate communication at our discretion.
You agree that you are an independent contractor. You agree that you shall be solely responsible for determining, controlling, and directing the means, methods and sequences of providing the services and work to be provided by you to the member.
Third party beneficiaries
Your members shall be third party beneficiaries of your agreement to the terms hereunder with respect to your compliance with the terms hereunder with respect to the work or services you or your subcontractors provide to your members
About these Terms
Service.com may modify these terms or any additional terms that apply to Service.com Service to, including without limitation, to reflect changes to the law or changes to Service.com Services. You should review the terms regularly. Service.com will post notice of modifications to these terms on this page. Service.com will post notice of modified additional terms in the applicable service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Service.com and you. Except as indicated below they do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that Service.com may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. You agree that the terms of this service and any rights or licenses granted hereby may not be transferred or assigned by you, but shall be assignable and transferrable by Service.com without restriction. The laws of Michigan, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Oakland, Michigan, USA, and you and Service.com consent to personal jurisdiction in those courts.