Trusted House Painter Website Terms of Service

Helping homeowners and painters create success stories.
Version 1.0
Last Updated: July 1, 2020
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Success can be simple when you’re a member of TrustedHousePainter.com. We welcome you to the community!

Our community of homeowners and painters care about the growth and success of their communities. Our Member Service Team is committed to creating an easy to use platform specifically for the residential and commercial painting industry.

The following Terms of Service (“TOS”) is a legal agreement between you, or the employer or any other entity on whose behalf you are entering into this agreement (“you” or “Member”) and Trusted House Painter Ltd.

The words and terms “TrustedHousePainter.com”, “Trusted House Painter Ltd.”, “THP”, "we", "our" or "us" in this Terms of Service document, refer to Trusted House Painter Ltd., an incorporated and registered company located at 2626 Sunderland Rd. in the city of Victoria, B.C. Canada. (Also known as the “Garden City”)

Please read this Terms of Service agreement carefully as it contains important information about your legal rights, remedies and obligations when becoming a Member, purchasing a Membership or a digital product. By registering to become a Member (Homeowner or Painter), you voluntarily agree to comply with and be bound by these Terms of Service.

Visit the Definition section to find the meaning of some of the words used in this Terms of Service agreement.

At any time during your Membership if you have any questions about anything in this Terms of Service agreement or the TrustedHousePainter.com platform, please contact us at service@trustedhousepainter.com

Homeowner and Painter Rights

  1. Homeowners who register for a Free Membership while complying to these Terms of Service will enjoy the following Platform Services:
    1. The ability to post their painting projects as listings to our platform for the purposes of retaining quotes and proposals from registered THP Painting Members.
    2. The ability to find and view Painter profiles and invite registered THP Painting Members to privately communicate and engage their respective professional services.
    3. The ability to leave a review and comments on our platform regarding their honest experience hiring or working with a registered THP Painting Member.
    4. The ability to download free or purchased digital products when available.
    5. The ability to deactivate, cancel, and delete their Membership at any time.
  2. Painters who register for a Free Membership while complying to these Terms of Service will enjoy the following Platform Services:
    1. The ability to create a company profile, post pictures, upload content and search our platform for painting leads.
    2. The ability to access free unlimited leads from their service location.
    3. The ability for homeowners and other users to privately invite or "Request Quote" in order to solicit business and bid on projects.
    4. The ability to reply to a review from a homeowner.
    5. The ability to purchase paint credits to reveal painting leads and connect to Homeowners by phone or email message once the lead is claimed.
    6. The ability to upgrade to a paid Membership for premium Platform Services.
    7. The ability to add, remove, or change their credit cards via their painter dashboard.
    8. The ability to view, download and retrieve copies of their purchase receipts.
    9. The ability to deactivate, cancel, and delete their Membership at any time.
  3. Painters who register for a paid Membership while complying to these Terms of Service will enjoy the following Platform Services:
    1. All the Platform Services granted to free Painting Memberships.
    2. The ability to purchase bulk painting credits at discounted prices.
    3. The benefit to receive free private invites or "Request Quote" from homeowners and other users in order to solicit business and bid on projects.
    4. The ability to purchase Instant Email Notification as a Silver Member.
    5. Access to other premium features as they are released.
    6. Membership Services support.
  4. Homeowners and Painters are together referred to as "Members" or individually as "you". We will provide the Platform Services mentioned above in sections 1.2, 1.3, 1.4 to you for the period specified in your Free, Silver or Platinum membership plan.
  5. The Platform Services can be accessed via our website and/or mobile application at www.trustedhousepainter.com.

Agreements Between Members

  1. By posting a project listing, engaging in communication or contacting another Member, you are willfully entering into an agreement between yourself and that Member. As THP is considered an online marketplace for their Members, it is your responsibility to ensure that your requirements, expectations and legal agreements outside of the platform are met. We do not directly provide advice respecting legal agreements and conduct, business coaching or other professional standards however we do offer a knowledge base of information that will help and assist in your due diligence regarding these topics. We advise you seek legal and professional advice before engaging in any of the above-mentioned topics. Any arrangements, agreements, contracts or relationships you create during your Membership with other Members are from your own freewill. For greater certainty, THP is not a party and holds no responsibility to any arrangements, agreements, contracts, services or relationships that occur inside or outside the platform.
  2. We encourage using your best judgement and due diligence before using the Platform, or otherwise interacting with other Members via the platform. You are solely responsible for making decisions that are in your best interests, including in relation to properties and pet(s).

Services Not Provided To Members

  1. We do not provide guarantees for any of the following:
    1. That Painters are qualified professionals.
    2. That Homeowner leads are qualified and guaranteed prospects.
    3. Whether the relationship, agreements or contracts will follow through as arranged.
    4. Your Homeowner or Painter profiles will be approved by us.
    5. A match with another member will commence an agreement.
  2. The platform is available for members to search, connect and communicate with each other.
  3. We do not actively provide any of the following for Painters:
    1. Guaranteed sales, revenue or profit from the claiming of leads or the purchasing of a premium membership.
    2. Endorsement of the quality of leads from Homeowners.
    3. Information regarding Homeowners or access to their profiles.
    4. Endorsement of any reviews or feedback provided by Homeowners.
  4. We do not actively provide any of the following for Homeowners:
    1. Background checks on Painters.
    2. Criminal record history of Painters.
    3. Guaranteeing the professionalism of Painters.
    4. Endorsement of the quality of work from Painters.
    5. Endorsement of any replies to reviews provided by Painters.

Homeowner and Painter Requirements

  1. The following applies to all members:
    1. You must be an individual who is at least 19 years of age.
    2. You must pay the Membership Fees on time.
    3. You must always fully comply with this Terms of Service agreement.
    4. You must treat all members honorably with respect, dignity, and fairness.
    5. You must be honest, ethical, professional, and provide care when dealing with the privacy and property of other members.
    6. You must communicate responsibly to foster a strong community with other members.
    7. You must provide essential information about yourself and keep your details up to date.

      Note: Our collection and use of personal information in connection with your access and use of the Platform is described in our Privacy Policy.

    8. You must keep your login details confidential and prevent any unauthorised access to, or use of, the Platform Services via your account.
    9. You must promptly notify us of any unauthorised use of your account.
    10. You must not create a fake identity or impersonate another person.
    11. You must not create an account in breach of any of our policies or procedures.
    12. You must only upload images and content that is your property and in resolution in accordance with our specifications.
    13. You must respond to communications from other members in a respectful and timely manner.
    14. You must not provide any false information or deceptive marketing and communication that is false and inaccurate.
    15. You must not access any part of the platform or Platform Services in order to build a product or service which competes with the Platform Services; or use other services to provide the Platform Services (or any services like the Platform Services) to third parties.
    16. You must not attempt to copy, modify, transmit or distribute any portion of the platform.
  2. The following applied to all Homeowners:
    1. You must be responsible and honest posting a project, the details of the project and selecting the winning Painter to your listing should you choose a painting company.
    2. You must be honest and respectful in your reviews to Painters.
    3. You must manage, pause, and delete your posts to avoid attracting Painters after you have selected and awarded a Painter for your painting project.
    4. You must ensure you will keep and secure all intellectual property, pricing, trade secrets and communication collected from Painters about other Painters in confidentiality.
    5. You must notify THP Member Services if you suspect fraudulent or criminal activity being displayed or encouraged on the platform.
    6. You must notify all Painter prospects who claim your lead as to your decision to pursue the relationship or not.
    7. You must evaluate the suitability of Painters for yourself via direct communication with the Painters where appropriate.
    8. You must ensure that the details of your Owner Listing are accurate and up to date.
    9. You must only provide Member Content that accurately reflects your intention to pursue Painters for the purposes of receiving their services.
    10. You must ensure that you will undertake due diligence in qualifying the Painters prior to hiring their services.
    11. You must disclose all safety issues and concerns regarding your project and job site to Painters prior to the commencement of work performed.
    12. You must provide a safe work environment for the Painters.
    13. You must commit and carry through any legal arrangement, agreement or contract you create with Painters.
    14. You must notify the Painter of your terms and conditions while engaging in painting services.
  3. The following applies to all Painters:
    1. You must maintain prompt and industry standard professionalism when responding or communicating with Homeowners.
    2. You must not spam or email Homeowners without their consent to your personal email campaigns.
    3. You must keep all Homeowner information private and in confidentiality.
    4. You must notify Trusted House Painter Ltd. Member Services if you suspect fraudulent or criminal activity being displayed or encouraged on the platform.
    5. You must evaluate the suitability and quality of the painting lead prior to claiming a lead with a paint credit.
    6. You must ensure that the details listed on your Painter profile are accurate and up to date.
    7. You must ensure that you will undertake due diligence in qualifying the painting lead.
    8. You must commit and carry through any legal arrangement, agreement or contract you create with Homeowners.
    9. You must notify the Homeowner of your terms and conditions while engaging in painting services.

Non-Compliance Policy

  1. Any member that fails to comply with the requirements outlined in the Homeowner and Painter Requirements section or elsewhere in this Terms of Service agreement, may be issued the corresponding consequences:
    1. Issued a warning.
    2. Immediately suspend your account.
    3. Block, ban or not permit use of our platform and/or Platform Services.
    4. Delete your membership.
    5. Report any illegal conduct to the proper authority and jurisdiction.
  2. We reserve the right to engage, at our discretion, any part of the Non-Compliance Policy to any member who fails to comply to the Owner and Contractor Requirements.

Membership Fees

  1. All THP members can enjoy a Free Membership upon sign up.
  2. Free Painter Members can only purchase 'single paint credits' to unlock leads.
  3. Free Painter Members can upgrade their membership at any time by selecting the appropriate membership plan.
  4. Free Painter Members will pay the membership fees when upgrading from a Free Membership to a Silver or Platinum Membership.
  5. Painter Members will pay the reoccurring membership fees to maintain their monthly or annual membership.
  6. Painter Members will be taken to a secure PCI compliant payment section (Stripe Inc.) of the platform to make their payments. We are committed to keeping your personal information private and secure as is outlined in our Privacy Policy.
  7. All amounts and fees referred to in this Terms of Service agreement shall be payable in the currency of the country identified as their Service Location.
  8. In the case of auto-renewal memberships, payment will be automatically taken unless the member notifies Trusted House Painter Ltd. for cancellation.
  9. It is your responsibility to keep your credit card information, payment details, and contact information registered and up to date in order to participate in auto-renewal services.
  10. Trusted House Painter Ltd. reserves the right, always of this agreement, to increase the price of our Platform Services. In the event of any price increases, we will notify you members in advance of the implementation of said changes.

Auto-Renewal Cancellation

  1. To cancel your monthly or annual subscription or Instant Email Notification subscription prior to the auto-renewal date you must delete your credit card information from your Painter dashboard.
  2. You may also cancel your monthly or annual membership prior to the auto-renewal date by notifying us at support@trustedhousepainter.com within 72 hours of the auto-renewal date.
  3. If the credit card on your account has expired or is invalid, you will receive a notification 1 week prior to the renewal date and a subsequent notification 1 day prior to the renewal date.

Return Policy and 15-Day Guarantee

  1. We will refund all Painter Membership Fees during the first 15-day period following the Premium Membership start date with the following exceptions:
    1. You have accepted a private invitation from a Homeowner by revealing the contact information of the project listing.
    2. You have used a paint credit from your Painter Membership to reveal the contact information of a Homeowner on a project listing.
    3. You have accepted, purchased or upgraded your membership using any other special promotion that offers a different money back guarantee.
  2. Our refund policy is for first-time paid members only. Refunds will not be provided to Painter Members who have used the platform previously or have requested a refund for subscription or paint credit purchases.

Term and Termination

  1. The following applies to Painter members only:
    1. When you choose the 'Annual' membership option your membership is fixed for a period of 12 months and will automatically renew for further fixed periods of 12 months until you cancel it, in accordance with section 7.1.
    2. When you choose the 'Monthly' membership option your membership is for a fixed period of 1 month and will automatically renew for further fixed periods on a month-to-month basis until you cancel it, in accordance with section 7.1.
    3. Instant Email Notification subscriptions will automatically renew on a month-to-month basis until you cancel it, in accordance with section 7.1.
    4. If we terminate this Terms of Service agreement in accordance with section 5 of this document, you will not be entitled to a refund of any kind.
    5. We reserve the right to suspend or terminate your access to the platform and/or Platform Services at our sole discretion. If your access to the platform and/or Platform Services is suspended, then you will remain listed in the member database but will not be listed on the platform until we notify you in writing that your suspension has ended.
    6. Whether or not we choose to terminate your membership this Terms of Service agreement will not have an affect on any other rights or remedies which we may have.

Content and Platform Ownership

  1. By joining as a member, you hereby waive any claims you may have to the FRR content and assign to us with full rights guaranteed, to all intellectual property rights in all FRR content. This means we own the FRR content and will enable us to edit or delete any FRR content.
  2. You hereby grant us an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free, worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute member content in connection with providing and/or promoting the platform and the Platform Services.
  3. You hereby confirm that you have created the member content that belongs to you and you are the author of the FRR content that belongs to us and that our use of both will not infringe the rights of any third party.
  4. You hereby confirm that any content you upload to the platform will not violate the standards outlined in this Terms of Service agreement.
  5. You hereby acknowledge and agree that we own all intellectual property rights in the platform and/or Platform Services. This includes the following:
    1. Technology and software used to provide the platform and/or Platform Services.
    2. The content on the platform (save in respect of any member content).
    3. Any Trusted House Painter Ltd. trademarks and logos.
    4. You hereby acknowledge and agree that you do not have any intellectual property rights to, or in, the platform or Platform Services.

Disputes Between Members

  1. You recognise and accept that the platform only connects Homeowners and Painters to engage in contractual painting services performed by the Painter outside of the Platform Service and is not privy to private contracts formed outside of the platform. We do not provide dispute resolution or dispute assistance in determining liability, fault, or breach of contract made beyond the scope of the Platform Service. You also hereby waive all liability from Trusted House Painter Ltd. regarding a dispute between another member.

Rights and Responsibilities

  1. We respect and honour your legal rights and encourage you to seek professional advice regarding any legal matter respecting your rights.
  2. Only you and Trusted House Painter Ltd. are entitled to the rights outlined in this Terms of Service agreement.
  3. You agree that you do not work for us, and are not our employee, partner, agent, or legal representative of any kind. You will not make any statements, representations or commitments of any kind, or to take any action that could legally bind us.
  4. If we do not take any legal action against you this does not mean that we forgo any rights outlined in this Terms of Service agreement.
  5. If any part of this Terms of Service agreement is found to be invalid, unenforceable, or illegal, the offending part will be severed but the remaining provisions will remain in full effect.
  6. You will not assign or transfer any of your rights or obligations outlined in this Terms of Service agreement to any other person.
  7. We may at any time assign, transfer, charge, sub-contract, or deal in any other manner with any of our rights or obligations, outlined in this Terms of Service agreement, provided that your rights and obligations are not affected.
  8. Trusted House Painter Ltd. will give notice in advance about updates are made to this Terms of Service agreement.
  9. Upon termination of this Terms of Service agreement, the clauses that reasonably should survive termination, will remain in effect.
  10. Any notice we give you will be sent by email to the email address linked to your account.
  11. If we cannot provide the Platform Services for you because of events beyond our reasonable control, we will suspend the Platform Services for the duration of said event. If these events cannot be resolved in a reasonable period we may terminate this Terms of Service agreement.

Laws and Jusrisdiction

  1. This Terms of Service agreement is governed by Canadian law and the Province of British Columbia.
  2. All legal proceedings and action toward us should be brought forth to the appropriate court of jurisdiction.

Limitations of Liability

  1. We do not accept any liability for:
    1. Any additional costs or fees incurred by the member as a result of the processing of their Premium Membership fees (e.g. credit card, PayPal or bank charges).
    2. Any loss of profits, loss of business, depletion of goodwill and/or similar losses by any member.
    3. The retention, deletion, or loss of your member content. It is your sole responsibility to maintain backup copies of your member content.
    4. The acts, errors or omissions of our agents and subcontractors to the member arising under or in connection with these Terms of Service and the Platform Services.
  2. You assume full responsibility for the choices you make before, during and after your acceptance or purchase of a membership.
  3. You agree that when you engage in business with another member you voluntarily enter into a contract between yourself and the other member, and you assume all the associated risks. You hereby agree that we have no liability to you in respect to these risks:
    1. Health risks such as illness, bodily injury, disability, or death.
    2. Property risks such as theft, damage, loss or destruction of your goods and chattels.
    3. Financial or other monetary losses, like travel costs or legal fees.
    4. Invasion of privacy (e.g. by use of CCTV or monitoring equipment).
    5. The warranty of the painter's work or the collection of payments.
  4. To the maximum extent permitted by law (e.g. we are not negligent and do not owe you a duty of care) you agree that we are not liable for any injury, death, loss or harm that occurs to anyone during an interaction or event that happens outside the platform.
  5. In no event shall we (including our employees, agents and subcontractors) be liable for any losses arising out of your breach of these Terms of Service or if you fail to follow any reasonable instructions, we may give you.
  6. We are responsible for the following:
    1. Death or personal injury caused by our negligence.
    2. Fraud or fraudulent misrepresentation carried out by our employees.
    3. Intentional, wilful, or wanton misconduct of our employees.
    4. Performing the services with reasonable skill and care.
    5. Any other liability that cannot be excluded by law (including the Consumer Rights Act 2015).
  7. We are responsible for any loss or damage caused by us that is foreseeable as a result of us breaching these Terms of Service or failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time these Terms of Service were entered.
  8. You will reimburse us for all losses and expenses that we suffer as a result of a third party bringing a claim against us due to your breach of these Terms of Service.

Definitions

Account
Means the area on the platform accessed with secure login details including email address and password.
Essential Information
Means the personal data required to create an account via the platform (including first name, last name, email address, and password).
Feedback
Means the review, comment, and rating left by a homeowner about a painting project completed by a Painter Member.
Free Membership
means the membership subscription provided to both Homeowners and Painters upon joining and using the platform. Painters can upgrade their Free Memberships to a Premium Membership for increased profile visibility and added benefits.
FRR Content
Is any feedback, reviews, and/or references.
Homeowner
Includes: Property Owners, Homeowners, Realtors, Designers, Property Managers, Government Agents and/or any other member or user subscribed to a free Homeowner membership.
Instant Email Notification
means the optional membership upgrade associated with the Silver Membership subscription that provides instant email notification of all new leads onto the platform which are sent to the member who's paid for this upgrade.

Note: Platinum Memberships come with Instant Email Notification.

Member(s)
Includes: Homeowners and Painters referred together as "Members" and individually as "you".
Member Content
Means and content (including text, photographs, images, videos, and any other materials) that relate to your Homeowner or Painter Membership.
Membership Fees
Means the applicable fee payable for a monthly or annual membership subscription at Activation Date or Auto-Renewal allowing you access to the Platform Services.
Membership Services
Means the customer service/support team of Trusted House Painter Ltd. who will deal with all inquiries regarding a membership, use of the platform and/or Platform Services. This is available 24/7.
Owner Listing
means any post or listing that is created by a Homeowner when the Homeowner posts a project on the platform.
Painter
Includes: Painters, Painting Contractors, Painting Companies, and means and member subscribed to a free or a paid Painter membership.
Painter Dashboard
means the user interface provided to members within the platform which collects, tracks and organizes their membership data and activities.
PCI compliant
Means consistently adhering to a set of guidelines set forth by the PCI Standards Council.
Project Listing
Includes: any post created on our Platform by a homeowner where you can set out the painting project scope of work for the soliciting of Painting Contractors and Painters.
Platform
Means the online platform accessed via the website www.trustedhousepainter.com.
Platform Services
Includes: and digital product or service provided to members while using the Platform:
  1. The ability for homeowners to use the platform to post a project listing on the platform or to search, find, and invite local painters to solicit communication into acquiring painting quotes.
  2. The ability for painters to use the platform to find painting projects and be invited by Homeowners to engage in communication and business-related contracts.
Platinum Member
means a Premium Membership which receives credits and profile visibility (ability for Homeowners to invite the Painter to bid on a lead) Homeowners and private users who visit the platform and search for painters. Platinum Members also receive Instant Email Notification.
Premium Membership
Means a paid monthly or annual membership subscription which has been accepted as a valid payment from the Painter.
Review
Means the comment and/or rating left by a Homeowner about a Painter who has worked for or with the Homeowner using the platform.
Service Location
means the 50 km of any city which Painters choose to collect, funnel and organize all leads and posts from Homeowners who post their painting projects on the platform.
Silver Member
means a Premium Membership which receives credits and profile visibility (ability for Homeowners to invite the Painter to bid on a lead) to Homeowners and private users who visit the platform and search for painters. Silver Members have the option to upgrade their membership subscription to include Instant Email Notification.