Terms of Use/Service Provider Agreement

1.800.REPAIRS Terms of Use

1-800-REPAIRS Approved Location License Agreement

1-800-REPAIRS (hereinafter referred to as 1-800-REPAIRS) represents and Approved Location/Licensee understands that this is NOT a franchise.

1-800-REPAIRS utilizes advanced call routing technology, live answering and online job requests to distribute 1-800-REPAIRS telephone calls and customer information to service providers via zip code & service category. 1-800-REPAIRS may limit the number of service providers for any service area and service category solely at its discretion.

By completing the 1-800-REPAIRS ONLINE APPLICATION to become a 1-800-REPAIRS Approved Location/Licensee, the applicant hereby agrees to the following terms and conditions if approved by 1-800-REPAIRS (Licensor).

1-800-REPAIRS also utilizes call routing technology, which allows callers to enter their zip code and or a service category to be connected directly to a 1-800-REPAIRS Approved Location/Licensee(s).

1-800-REPAIRS shall limit the number of Approved 1-800-REPAIRS Approved Location/Licensee to be programmed to a particular zip code and will license them the rights to use the number 1-800-REPAIRS in their advertising. All calls from their assigned zip code shall be connected directly to them via the 1-800-REPAIRS call routing system, live operator dispatch and or online request form delivery via email or text.

Applicant understands that completing this application does not guarantee that they will be approved to become a 1-800-REPAIRS Approved Location/Licensee. This agreement is not binding unless approved by 1-800-REPAIRS.

Applicant agrees to have and offer proof and digital copies to 1.800.REPAIRS of the following

(as required in their area):

Occupational Trade License
General Liability Insurance
Offer a written guarantee (for new installation projects)
Respond to any 1.800.REPAIRS customer complaint in writing within 7 days of receipt of complaint

If approved, the applicant will be notified via email or telephone call by 1-800-REPAIRS.

Whereas, Licensor owns the toll-free vanity telephone number 1-800-REPAIRS (1-800-737-2477); and

Whereas, Approved Location/Licensee currently operates a business that offers access to qualified repair companies and services to the general public; and

Whereas, Licensor offers, the use of the 1-800-REPAIRS telephone number to service providers in the service and repair industry to promote more effectively their services and products to the general public, and

Whereas, Approved Location/Licensee desires to use the 1-800-REPAIRS Brand, its capabilities and features under the terms and conditions of this Agreement; and

Therefore; for good, valuable and sufficient consideration that the parties acknowledge receiving, 1-800-REPAIRS and Licensee agree to the terms and conditions herein:

DEFINITIONS

“1-800-REPAIRS ” and/or “Licensor”: Means, refers and relates to the entity or entities identified as 1-800-REPAIRS, llc., its affiliates, their employees, agents, representatives, and attorneys.

“Approved Location/Licensee” is the individual or entity that applies for (if approved) and pays for the 1-800-REPAIRS Call Routing System, which automatically connects all customers calling 1-800-REPAIRS (1-800-737-2477) directly to their telephone.

“Service Provider”: Means, refers to Service Provider’s ownership entity, its officers, owners, managers, employees, agents, representatives, and attorneys.

“Service Provider Network” and/or “Network”: Means, refers and relates, but is not limited to any and all contractors, tradespersons, journeymen, architects, engineers, mechanics and any and all other types of service providers that participate in the 1-800-REPAIRS Service Provider Network.

“Referral Customer”, “Member” and/or “Customers”: Means, refers and relates to all private, residential, commercial, and institutional persons and entities which are referred by 1-800-REPAIRS to its Licensees in the Service Provider Network.

LICENSE TO USE THE 1-800-REPAIRS TELEPHONE NUMBER & BRAND

Subject to the terms and conditions of the Agreement, Licensor grants Approved Location/Licensee a limited, non-transferable license to use the 1-800-REPAIRS Telephone Number and to receive automatically connected and other forms of delivering customer communications applicable to Approved Location/Licensee’s Exclusive Service Provider Geographic Area, and for various Service Category/ Categories. Approved Location/Licensee understands that nothing contained herein can or shall be construed as a guarantee, warranty or promise relating to Customer calls, connections, referrals or increases in Approved Location/Licensee’s business activity or profits. Approved Location/Licensee further understands that the results from the use of the 1-800-REPAIRS Brand will depend solely on the level of advertising and the proper use of the 1-800-REPAIRS telephone number by Approved Location/Licensee.

Approved Location/Licensee fully understands that in order to maximize the benefits from the 1-800-REPAIRS Telephone Number & Brand, it must utilize this telephone number fully, including advertising the telephone number 1.800.REPAIRS in their assigned and exclusive zip code service area and including the Approved 1.800.REPAIRS logo in a portion of their existing advertising campaigns.

Approved Location/Licensee fully understands and hereby acknowledges that this is NOT A Franchise.

CUSTOMER CALL ANSWERING & DISPATCHING

1-800-REPAIRS, via live operators will answer, screen and dispatch 1-800-REPAIRS (737-2477) calls DIRECTLY the Approved 1.800.REPAIRS Approved Location from the assigned zip code area(s) applicable to Approved Location/Licensee’s Exclusive Service Provider Geographic Area, and for the specific call type.

Home Categories:

Painting
Appliance
Air Conditioning
Plumbing
Electrical
Garage Door
Insulation
Roofing
General Repairs/Handyman
Remodeling
Windows & Doors
All other home repairs

NON-SERVICE PROVIDER AREA AVAILABLE CALLS

If a customer calls 1-800-REPAIRS from a service category area that is not assigned to a particular Approved Location/Licensee, the caller information may be delivered the to the nearest Approved Location/Licensee by 1.800.REPAIRS to an alternative service providers at it's sole discretion.

OPERATOR DISPATCH, electronic mail, and/or telephone, depending on the status and priority of the Referral, solely at the discretion of 1-800-REPAIRS. The Approved Location/Licensee shall pay an additional per call fee for such additional calls as outlined in their specific agreement.

USE OF APPROVED LOCATION/LICENSEE NAME

Approved Location/Licensee grants 1-800-Repairs, its affiliates or assigned companies to use at its sole discretion, the Approved Location/Licensee’s company name, logo and/or likeness (including owner or service managers name) in any local, regional or national advertisement as produced, distributed or promoted by 1-800-REPAIRS or its assigned, without compensation to Approved Location/Licensee AND ONLINE, INCLUDING 1-800-REPAIRS.COM, OR ITS AFFILIATES

FEES & PAYMENT TERMS

Commencing on the Effective Date, and in consideration of Licensor granting Approved Location/Licensee the Exclusive Area and Service Category, under the terms and conditions herein, Approved Location/Licensee shall pay 1-800-REPAIRS:

$ 25 Exclusive Area License Fee - Per Zip Code/Category/Per Month
$ 25 Advertising Coop Fee – Per Zip Code/Category/Per Month
$ 10 Per Call Fee (Introductory Rates)

Payments by Approved Location/Licensee to 1-800-REPAIRS shall be made by pre-authorized credit card on the 15th day and the last day of each month.

1-800-REPAIRS shall provide Approved Location/Licensee, via Email with a monthly statement (“Statement”), on the tenth (15th) day of the month, detailing all transactions during the preceding month.

Licensee hereby agrees that under no circumstances will it initiate any credit card “charge-back” process.

TERM

This Agreement commences on the Effective Date and, unless otherwise terminated, has a term of twelve (12) months and shall automatically renew, unless 1-800-REPAIRS does not agree to renew for any reason whatsoever.

TERMINATION

Either party may terminate the Agreement for any reason whatsoever, or for cause forthwith if:

Written notice has been given to the other party of a material breach stating a reasonable period during which such breach is to be rectified and the party given such notice has failed to either satisfactorily remedy, or commence actions to reasonably cure such material breach within the period stated; or
1-800-REPAIRS reserves the right to terminate this Agreement on thirty (30) days’ written notice to Licensee of any default by Approved Location/Licensee of the terms and conditions of this Agreement if the default is not cured within that period. Notwithstanding any other remedy it may have, 1-800-REPAIRS reserves the right to immediately suspend or discontinue client call referrals to Licensee for any material defaults of this Agreement; or
there is a substantial and continuing change in the standards of Approved Location/Licensee’s operations; or
Non-Payment by Approved Location/Licensee after fifteen (15) days prior written notice has been received by Licensee; or
the other party is adjudged, bankrupt, or insolvent.

ACTIONS UPON TERMINATION

Termination of the Agreement shall be without prejudice to the rights and obligations of the parties, which accrue prior to such termination.

On any termination of this Agreement, Approved Location/Licensee shall cease all advertising of 1-800-REPAIRS immediately.

Approved Location/Licensee shall have a “right of first refusal” to enter into a new license agreement on the terms and conditions determined solely by Licensor at the end of the term of this Agreement conditioned on the Approved Location/Licensee not being in default of this Agreement.

All Sections of this agreement shall survive any termination of this Agreement.

REPRESENTATIONS AND WARRANTIES

Approved Location/Licensee represents and warrants that it has disclosed all information accurately to 1-800-REPAIRS regarding its business operations, management and ownership, and has not withheld any material information that might adversely affect the selection of said Approved Location/Licensee as an exclusive Service Provider. Licensee further represents that the signatory of this Agreement is legally authorized to bind Licensee. Licensee understands that 1-800-REPAIRS has relied on the accuracy and completeness of said information during 1-800-REPAIRS due diligence process in approving Approved Location/Licensee’s application. By executing the 1-800- REPAIRS application and this Agreement, Approved Location/Licensee agrees and warrants that Approved Location/Licensee is experienced in Approved Location/Licensee’s trade/trades and/or craft and is fully capable of performing the requirements of this Agreement.

Service Provider agrees to notify 1-800-REPAIRS within ten (10) days if any changes to these circumstances occur.

INDEMNIFICATION

Approved Location/Licensee expressly agrees to at all times indemnify, and hold harmless 1-800-REPAIRS, its agents, representatives, and applicable Customers, employees, officers directors; and the affiliates of 1-800-REPAIRS, their employees, their officers and directors, from any liabilities or claims, made by any third party, directly or indirectly relating to this Agreement and any subsequent addendums thereof. Licensee further agrees to defend, at its own expense, 1-800-REPAIRS and related parties thereof from litigation directly or indirectly related to this Agreement and any subsequent addendums thereof. This shall include all attorney’s fees, and all other consequential damages resulting from such claims or liens. Approved Location/Licensee agrees that Licensee will pay and satisfy any lien, settlement, or judgment as may be established by the decision of the Court in such a suit. Approved Location/Licensee also agrees to promptly assume the tender of defense of 1-800-REPAIRS, and its affiliates upon written notice.

Further, in the event a suit is brought, in which the Referred Customer is also named as a defendant, Approved Location/Licensee shall defend, at Approved Location/Licensee’s own cost and expense, 1-800-REPAIRS, its affiliates and the Referral Customer. Approved Location/Licensee agrees that Approved Location/Licensee will pay and satisfy any lien, settlement, or judgment as may be established by the decision of the Court in such a suit. Approved Location/Licensee also agrees to promptly assume the tender of defense of 1-800-REPAIRS, its affiliates, and the Referral Customer upon written notice.

Except to the extent provided in this agreement, the Approved Location/Licensee will indemnify, defend at its own expense, and hold 1-800-REPAIRS, its agents, representatives, and applicable Customers, its employees, officers, directors; and the affiliates of 1-800-REPAIRS, their employees, their officers and directors, harmless from and against all actual or threatened claims by any third party, arising out of or related to (i) any breach of these terms by the Approved Location/Licensee; and/or (ii) any breach of any obligation the Approved Location/Licensee has to a third party.

LIMITATIONS:

(A) NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF 1-800-REPAIRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

OTHER PROVISIONS

This Agreement and its attachments constitute the entire Agreement between the parties. It supersedes all prior negotiations, representations, agreements, and understandings. No agreement changing or supplementing this Agreement may be made except by written documents signed by duly authorized representatives of both parties to this Agreement. The Licensee authorizes 1-800-REPAIRS to disclose its name as part of the 1-800-REPAIRS Service Provider Network. Any marketing materials developed that include information other than a mention of the Licensee’s name will require prior authorization by the Licensee.

The Agreement and any matter relating to or arising under it are governed by the laws of the State of Louisiana, United States of America, without regard to its conflict of laws principles, regardless of the location of the origination of the matter in dispute, or any choice of law issues that might potentially exist. The exclusive forum for any action relating to this Agreement is in those state or federal courts having jurisdiction over New Orleans, Louisiana, United States of America. Each party waives any defense that it may have that any such court lacks jurisdiction over it or is an inconvenient or improper forum.
Licensee may not assign this Agreement without 1-800-REPAIRS prior written consent, which shall not be unreasonably withheld. Any attempt to do so shall be null and void. Any transfer of more than forty-nine (49%) per cent of the ownership of the Licensee shall be deemed a prohibited assignment. 1-800-REPAIRS may assign this Agreement. This Agreement shall be binding upon the heirs, successors, personal representatives, or assigns of each party.

The parties acknowledge that each and every portion of this Agreement is severable. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so comfortable, so as to not affect the validity or enforceability of the remaining valid portions of this Agreement.
Neither party shall be liable for any failure to perform caused by reasons beyond its reasonable control, including but not limited to acts of God; acts of war, terrorism or civil unrest; fire, flood, earthquakes or other catastrophes, communications or equipment failures, governmental orders, or strikes or other labor difficulties.

Failure of 1-800-REPAIRS to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.

Any notice required by this Agreement shall be given by prepaid, first class, certified mail return receipt requested, addressed in the case of 1-800-REPAIRS to: 1-800-REPAIRS, VIA ELECTRONICALLY PDF.

1-800-REPAIRS shall not be responsible for delay, disruption or lack of service as a result of 1-800-REPAIRS third party telephone carrier’s or internet service provider’s failure due to carriers/service providers switching, routing, equipment, or for failure due to natural causes.

For all purposes outlined in this Agreement, Approved Location/Licensee is an “independent contractor”. Approved Location/Licensee agrees that Approved Location/Licensee is solely and wholly responsible for payment of all wages, taxes, employee benefits, workers’ compensation insurance premiums and any other costs to performing services for 1-800-REPAIRS Referral Customers. This Agreement in no manner creates an employment relationship between Licensor and any individual employed by Licensee.

Approved Location/Licensees are not approved without expressed written consent of 1-800-REPAIRS. This Agreement is valid only if approved by 1-800-REPAIRS.

If approved, you will be notified via email.

Applicant Name_________________________________

Applicant Company______________________________

Applicant Email _________________________________

Zip Code Applied for:____________________________

Population of Zip:_______________________________

Ring-To Telephone______________________________

1-800-REPAIRS CALL ROUTING SYSTEM LICENSEE FEES:

Monthly Fee: $ 25 Per Area/Per Zip Code/Per Category - INTRODUCTORY RATE

Ad Coop Fee: $ 25 Per Area/Per Zip Code/Per Category - INTRODUCTORY RATE

Per Call Fee: $ 10 Per Call - INTRODUCTORY RATE

I (Service Provider) agree to all of the terms and conditions as set forth in this agreement:

Applicant Signature______________________________ Date_________________

If approved, you will be notified and charged for the above one-time setup amount equal to the first month’s fee and automatically for each month thereafter to the credit card below. APPLICANT UNDERSTANDS THERE SHALL BE NO REFUND FOR SERVICE FOR THE PERIOD THAT 1-800-REPAIRS SERVICE IS ACTIVE.

Name on Card_________________________ Card Number____________________________

Expiration Date________________________ 3 digit Security Code _________

Type Card____________________________ Zip Code of Card Billing address___________

1.800.REPAIRS

182 West 3rd Street

Kenner, Louisiana 70062

1.800.REPAIRS (737-2477)

Direct: 504-234-5075

info@1800Repairs.com

Consumer: www.1800Repairs.com

Service Provider: www.1800Repairs.pro