TERMS AND CONDITIONS


I. RECITALS


Business Scope:


HIRE A PRO CONSTRUCTION CORP manages residential properties on behalf of owners and seeks to engage Sub-Contractors for specific services.


Engagement of Services:


HIRE A PRO CONSTRUCTION CORP will engage the Sub-Contractor to provide specified services for the properties, as outlined in the Statement of Work (SOW).


Acceptance:


The Sub-Contractor agrees to the terms by electronically submitting and acknowledging this agreement.


II. AGREEMENT


Engagement:


The Sub-Contractor is engaged as an independent contractor and must adhere to the agreed SOW. A trip fee of $49 will be paid to the Sub-Contractor for missed appointments due to a no-show by the tenant, provided proof is submitted.


Missed Appointments:


If the Sub-Contractor fails to cancel or reschedule within 3 hours of the appointment, a $49 missed trip fee will be charged.


Jurisdiction:


Any legal matters will be addressed in Ventura County, California.


Scope of Work (SOW):


The Sub-Contractor must perform all services per the SOW, including compliance with laws and industry standards.

Any changes to the SOW must be approved in writing.

Sub-Contractors must ensure that all individuals working in specialized areas have the necessary expertise, training, and licensing.


Performance of Services:


  • On Bid Approvals: Sub-Contractors must be prepared with materials and start work on the scheduled date.
  • NTE Limits: Services must not exceed the approved Not to Exceed (NTE) amount unless agreed in writing.
  • Tenant Communication: Communication with tenants is limited and any issues must be directed to HIRE A PRO CONSTRUCTION CORP.
  • Missed Appointments: Missing an appointment without approval will result in a $49 service recall fee, potential reduction of future work, or other penalties per the TOS.
  • Contract Terms & Conditions:
  • Billing & Final Acceptance: Payment is made after final inspection and verification by the tenant or homeowner. Delays can result in cancellation or reassignment.
  • Warranty: Sub-Contractors must provide a minimum 90-day warranty on all work.
  • Compliance: Work must comply with all relevant laws and regulations.
  • Legal Capacity: HIRE A PRO warrants its legal capacity to contract on behalf of its clients.
  • Insurance: Sub-Contractors must maintain valid insurance and provide a COI. Failure to do so will result in a 20% deduction from the invoice.
  • Confidentiality: Confidentiality must be maintained, with breaches subject to significant penalties.
  • Indemnification: Sub-Contractors must indemnify HIRE A PRO against claims related to the services provided.
  • Inspections: Sub-Contractors must provide photographic evidence of all work and bids immediately after inspection.
  • Default: The contract details the conditions under which either party may be in default, with specified remedies for breach.
  • Remedies: Both parties have the right to terminate the contract under certain conditions, with specified penalties for breach.
  • Entire Agreement: This agreement represents the full understanding between the parties and supersedes prior agreements.
  • Severability: If any part of the contract is invalid, the rest remains enforceable.
  • Governing Law: The agreement is governed by California law.
  • Notice: Notices must be delivered in person, by email, or certified mail.
  • Waiver: Failure to enforce any provision does not waive the right to enforce it later.
  • Assignment: The agreement cannot be assigned without written consent from the other party.


Terms of Service (TOS) for Hire A Pro Construction Corp

1. Introduction

Welcome to Hire A Pro Construction Corp ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, applications, technology, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.

2.2 Account Registration

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions under your account.

2.3 Prohibited Activities

You agree not to:
- Use our Services for any illegal or unauthorized purpose.
- Interfere with or disrupt the operation of our Services.
- Engage in any activity that could harm or exploit minors.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Harvest or collect information from our Services using automated means without our prior consent.
- Poach any proprietary information, including our Vendors, Clients, Data, Properties, Tenants, Employees by scanning, scraping, or copying any information which is copyright protected data of Hire A Pro Construction Corp and further agree that you will abide by the TOS outlining our Anti-Poaching By-Laws

3. Premium Services

3.1 Subscription Plans

We offer premium services ("Premium Services") that require payment of subscription fees. By subscribing to our Premium Services, you agree to pay all applicable fees and charges. We reserve the right to change our subscription plans and fees at any time.

3.2 Payment and Cancellation

Payments for Premium Services are billed in advance on a recurring basis. You may cancel your subscription at any time, but you will not be entitled to a refund for any prepaid fees.

4. Privacy and Data Use

4.1 Data Collection

We collect and use personal information in accordance with our Privacy Policy. By using our Services, you consent to our collection and use of personal information as outlined in the Privacy Policy.

4.2 Data Sharing

We do not sell or rent your personal information to third parties. We may share your information with service providers who perform services on our behalf and with third parties as required by law or to protect our rights, or in order to complete the scope of work requiring 3rd party contractors.

4.3 Data Security

We implement reasonable security measures to protect your personal information. However, no security system is impenetrable, and we cannot guarantee the absolute security of your information.

5. Intellectual Property

5.1 Ownership

All content and materials available on our Services, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the property of Hire A Pro Construction Corp or our licensors and are protected by intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal and commercial purposes in accordance with these Terms.

5.3 Restrictions

You may not:
- Reproduce, modify, distribute, or create derivative works based on our content.
- Use any of our trademarks without our prior written permission.
- Reverse engineer or attempt to extract the source code of our software.

6. Limitation of Liability

6.1 Disclaimer of Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use of or inability to use our Services.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.

7. Dispute Resolution

7.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of laws principles.

7.2 Arbitration

Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in California, USA.

8. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after the posting of revised Terms constitutes your acceptance of the changes.

9. Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at:

Hire A Pro Construction Corp
Email: hireaproservice@gmail.com
Subject Line: TOS


By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing Hire A Pro Construction Corp.
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Non-Disclosure Agreement (NDA) Clause


Confidentiality and Non-Contact Obligations:


Hire A Pro operates as a private network. By engaging with Hire A Pro, you agree that all financial transactions, communications, and agreements related to the work order are strictly between you and Hire A Pro. You acknowledge and agree to the following:


Confidentiality:


You shall not disclose any financial information, including but not limited to payments, amounts due, or costs of your services, to any third parties, including our tenants or clients. All such information is considered confidential and proprietary to Hire A Pro.


Non-Contact:


You are strictly prohibited from contacting our tenants or clients regarding any aspect of the work order, including any issues, problems, or concerns that may arise during the course of your services. All communications regarding the work order must be directed solely to Hire A Pro.


Breach of Agreement:


Any violation of the confidentiality or non-contact provisions outlined in this agreement will result in significant harm to Hire A Pro. In the event of such a breach, Hire A Pro reserves the right to seek liquidated damages. The amount of such damages shall be determined at the sole discretion of Hire A Pro, based on the nature and extent of the breach.


Acknowledgment:


By accepting and performing the work order, you acknowledge that you have read, understood, and agreed to comply with the terms of this Non-Disclosure Agreement, and our TOS pertaining to proper conduct, billing, and work order completion.