HTN Associate Service Provider

LISTING AGREEMENT TERMS AND CONDITIONS:


https://www.hometask.com ("this Website") is owned and operated by HomeTask, Inc. ("We/ Us"). Your use and access of this Website is governed by the Terms of Use available at https://hometask.com/conditions.aspx. This Listing Agreement applies to You, if you list your services and brands on this Website for provision of your services, including but not limited to Handyman services or any other services approved in writing by US, to registered users of this Website, who have registered on this Website with the intent to avail the services offered by You or individuals/ entities similarly placed (hereafter "Associate Service Provider"). By listing your services and brands on this Website, You hereby understand, agree and accept the terms of this Listing Agreement in entirety.

We reserve the right to change any of the terms of this Listing Agreement or any policies or guidelines governing this Website or provision of services to its registered members, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on this Website. You are responsible for reviewing the notice and any applicable changes. Your continued use of this Website and provision of your services through this Website, following Us posting any changes will constitute your acceptance of such changes. If you do not agree to any changes to this Listing agreement, do not continue to use this Website, and inform us in Writing immediately.

1) Eligibility. Use of this Website and provision of services to its registered members is limited to parties that lawfully can enter into and form contracts under applicable law. Therefore, the use of this Website or provision of services to registered members this Website is not available to persons who cannot enter into a legally binding contract, including but not limited to individuals who are below 18 years of age or are otherwise legally incapable. While registering as an Associate Service Provider, you must provide your real name, address, phone number, e-mail address, and valid credit card information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; and (b) you have all requisite right, power and authority to enter into this Listing Agreement and perform your obligations hereunder.

2) Provision of Services. Associate Service Provider may provide its services to a registered member of this Website, only if they have provided following details:

a. Description of their services on their public profile section; b. Prices applicable for availing their services; c. Physical address, identification details, profile picture, telephone number and email ID; and d. Refund policy.

We may, in our discretion, reserve the right to modify this section to ensure that Associate Service Provider’s details are transparent and to help members of this Website in any other manner to verify the credentials of an Associate Service Provider.

3) Payment Terms. All Associate Service Providers shall be charged a fixed monthly fee based on the serve selection(s) that the Associate Service Provider chooses within their profile. This fee may depend upon the nature of services that it provides. All payments are in U.S. dollars unless stated otherwise and are incorporated herein by reference. By listing your services on this Website, You authorize Us to charge your credit card or bank account for any amounts due.

4) No Competition with a Preferred Service Provider. This Website also lists the details of Preferred Service Providers, who may provide services similar to You. You agree, understand and consent that in case of a business opportunity where a Preferred Service Provider offering the same service exists, the Preferred Service Provider will be given priority over You and your information may not be shown to the potential customer. You shall not compete with a Preferred Service Provider for the same business opportunity. In consideration of your agreement to not to compete with a Preferred Service Provider, when a Preferred Service Provider exists in the same area, you shall not be charged monthly fee payable by You. We may, however, in our sole discretion, re-assign the business opportunity to You, when Preferred Service Provider is unable to supply such service. In such circumstances, You shall continue to be liable to pay the Commission.

5) Website. You understand and agree that this Website is an independent platform for bringing together service providers and consumers. You, as an Associate Service Provider, shall be solely responsible to a registered member of this Website for any actual transaction between You and such registered member. You shall not provide any services that are prohibited by law. You shall not list any services or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. As a Service Provider, you use this Website and the information available here at your own risk.

6) Collection of Service Charges and Refunds. You are responsible to collect payment for services from the HomeTask members. We may however, if requested, directly collect the payment, on your behalf, from a registered member of this Website for the services that they may avail from You. This service is an opt-in option and does come with additional fees which would be deducted before paying the balance to you. For the purpose of this Agreement, "authorized refunds" means any refund request made by a registered member as per refund policy provided by You, against any services provided by You with which such registered member remains unsatisfied. In case of any dispute between you and a registered member of this Website for any refund, we may withhold or block the entire amount until resolution of such dispute within thirty (30) days of refund claim having been made by the registered member. If the dispute remains unresolved even after expiry of such thirty (30) days, We may, in our sole discretion, refund the entire amount paid by such registered member, after deducting it from any payment due to you. You understand, agree, authorize and consent to such refunds and deductions by Us, and further agree to indemnify and hold Us harmless from all claims by the registered member arising thereto.

7) Reservation of Rights. We reserve the right to determine the content, appearance, design, functionality and all other aspects of this Website and the listing of your services on this Website, including the right to delay or suspend listing of, or to refuse to list, or to de-list, or to require You not to list, any or all of your services in our sole discretion.

8) Associate Service Provider's Obligation. By entering into this Listing Agreement, you agree to comply with any service requests made by a registered member of this Website, which you have accepted. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

9) Taxes. You are solely responsible to determine, charge and collect the taxes applicable on provision of your services to a registered member and pay such taxes to the appropriate tax authority.

10) Ownership of Registered Member's data. You understand and agree that any data of a registered member provided to You, is confidential information and is owned by Us. You shall use the information of registered members solely for the purpose of provision of your services to such registered members, and shall not transfer, disclose or otherwise disclose this to any third party. Any breach of this section shall cause irreparable harm and injury to Us, for which money damage may not be adequate, You, therefore, agree that in addition to any other remedy available to Us under law, We may seek injunctive relief against you from appropriate legal forum to prevent unauthorized disclosure of such data.

11) Warranties. THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; b) THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; c) THAT THE INFORMATION AVAILABLE THROUGH THIS WEBSITE WILL BE ACCURATE, LAWFUL, OR THAT REGISTERED MEMBER WILL AVAIL YOUR SERVICES; d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES.

You, as Associate Service Provider, warrant that you have obtained all necessary licenses, permissions and authority from the owner thereof of the intellectual property rights or the government bodies, for provisions of your services through this Website and in the regions you operate.

12) Indemnity. You will defend, indemnify and hold harmless Us (and our employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to, (a) actual or alleged breach of your representations, warranties, or obligations set forth in this Listing Agreement; or (b) your services, offer or refund policy, any actual or alleged infringement of any intellectual property or proprietary rights by You, or (c) Taxes or the collection, payment or failure to collect or pay Taxes.

13) Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE LISTING AGREEMENT, THIS WEBSITE, YOUR SERVICES, THE INABILITY TO USE YOUR SERVICES, OR THOSE RESULTING FROM YOUR SERVICES.

14) Applicable Law. Any and all disputes arising out of or relating to your visit and access to this Website or to services shall be submitted to confidential arbitration in Seattle, State of Washington. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be final and binding and the prevailing Party may enter the award as a judgment in any court of competent jurisdiction.

15) Disputes. Any and all disputes arising out of or relating to your visit and access to this Website shall be submitted to confidential arbitration in Seattle, State of Washington. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be final and binding and the prevailing Party may enter the award as a judgment in any court of competent jurisdiction.

Because We are not an agent, either of You or of a registered member for any purpose, We will not act as either party's agent for resolving any disputes relating to or arising out of any services provided by You.

16) License. By entering into this Listing Agreement, You grant Us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you provide at this Website, and to sublicense the foregoing rights to our affiliates. We will not alter any of your trademarks (except to proportionately re-size your trademarks to the extent necessary for presentation) and will comply with your removal requests as to specific uses of your trademarks. You represent and warrant that you own or otherwise control all of the rights to the content you submit to Us, and that the use of such materials by Us or our affiliates will not infringe upon or violate the rights of any third party.

17) Termination. We may terminate this Listing Agreement at any time without any notice to You, and for any reason.

18) Entire Agreement. This Listing Agreement, including any terms and conditions incorporated herein by reference, and the Terms of Use of this Website, including but not limited to the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.

19) Independent Parties. Neither Party is an agent or representative of the other, and are independent entities.

20) Severability. If any provision of this Listing Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

21) Waiver. Any waiver of any of our rights under this Listing Agreement, shall not constitute a waiver of all of our rights or remedies in this Listing Agreement, unless it is in writing and signed by Us. No delay or omission by Us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

By Clicking on the "I AGREE" button on the signup page, You hereby understand, agree and consent to comply with the terms of this Listing Agreement Terms and Conditions, web site Terms and Conditions of Use and the Privacy Policy.