By checking the box and authorizing this transaction, this TERMS OF SERVICE AGREEMENT (hereinafter the "Agreement") is made as of this date and effective between Customer authorizing this transaction (hereinafter "Customer"), and www.diyroofs.com (hereinafter "Service Provider"). This Agreement sets forth the entire contractual agreement and understanding between both separate and independent parties.
It is agreed between the parties that the relationship created is that of Service Provider status for the sole purpose of Service Provider assisting in the completion by Customer of certain construction projects on Customer's property as set forth herein (hereinafter the "Project"). Customer agrees that Service Provider has no responsibilities whatsoever other than those set forth herein. Nothing in this Agreement shall be construed as creating a relationship between the parties other than that of customer and service provider. When used herein, "Service Provider" shall mean to include Service Provider, its sub-service providers, employees, helpers, agents, laborers, and any other entity affiliated with or involved in the Project at the sole and absolute direction of Service Provider.
ANY RIGHT OR LICENSE GRANTED TO CUSTOMER TO USE THE WEBSITE, THE DOCUMENT "TOOLBOX", THE PROGRAM, THE SOFTWARE, OR ANY OTHER USE BY CUSTOMER OF SERVICES PROVIDED BY THE SERVICE PROVIDER ARE PERSONAL AND INDIVIDUAL TO CUSTOMER AND SHALL NOT OTHERWISE WE USED, SOLD, SUBLICENSED, GRANTED, OR MADE AVAILABLE TO ANY OTHER PERSON, INDIVIDUAL, OR ENTITY. CUSTOMER SHALL NOT SELL, ASSIGN, LICENSE OR SUBLICENSE, COPY, DISSEMINATE, STORE, USE, OR GIVE THE FOREGOING TO ANY OTHER PERSON, INDIVIDUAL, OR ENTITY. CUSTOMER SHALL NOT SOLICIT OR CONTRACT DIRECTLY WITH ANY OTHER ENTITY INTRODUCED TO CUSTOMER BY SERVICE PROVIDER WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF SERVICE PROVIDER.
1) Service Provider shall assist Customer in the Customer's completion of installing a new roof on their property, which property is individually and specifically set forth and entered into the www.diyroofs.com website (hereinafter the "Property"). Service Provider shall provide only those services as specifically set forth herein, unless such additional services shall be specifically agreed to be done by Service Provider in writing.
2) Service Provider shall not be required to carry general liability insurance or workers' compensation insurance, in any form or for any State, and Customer shall hold Service Provider harmless for any loss Customer may sustain pursuant to this Agreement or from completion of the Project. General liability insurance and workers' compensation insurance are the responsibility of and shall be provided by the labor crew selected by and contracted with Customer.
3) Service Provider shall provide to Customer the use of Service Provider's "toolbox" of forms, documents, and agreements for use in completion of the Project.
4) Service Provider shall, if ordered for and paid for by Customer, provide Customer a reasonable measurement of the Project including roof square footage measurements and roof accessory measurements. The Project measurement may be completed by either the Service Provider or an agent or sub-service provider.
5) Service Provider shall make itself reasonably available to Customer via automated electronic communication for Customer's questions regarding the Project and completion thereof.
6) Service Provider shall locate and arrange for the necessary subcontracted labor force required to complete the Project for the Customer. Customer shall enter into a subcontracting agreement directly with the identified labor force.
8) Service Provider shall collect and disburse funds, as necessary, which may be collected in the normal course of business of completing the Project. Service Provider shall disburse funds obtained by it from Customer to the labor force as applicable in the course of completing the Project, but in no event shall the funds to be disbursed exceed the amounts which may be collected or obtained by Service Provider.
1) Customer shall provide full and prompt payment for these services at the time of accepting this Agreement. Payment shall be made by VISA, MASTERCARD, AMERICAN EXPRESS, or DISCOVER cards. There shall be no usage of the software program until payment has been made and cleared. State and Federal laws may permit the cancellation and/or termination of this Agreement prior to the commencement of the Project at the election of the Customer, in which case a prorated refund of up to 50% of the purchase price paid to Service Provider may apply, but in no event shall the refunded amount exceed the greater of the actual expenditures of Service Provider and/or the amount of funds disbursed by the Service Provider to other parties prior to the cancellation.
2) Customer shall purchase and supply all building materials required to be installed for completion of the Project. If additional materials are required to complete the Project, Service Provider, or its agents, shall notify the Customer of the required additional materials, which Customer shall be required to purchase and supply.
3) Customer shall be responsible for the investigation, costs, and procurement of all necessary and required building permits, zoning approvals, homeowners' association approvals, and all other necessary approvals required to complete the Project at its sole cost and expense. Customer shall hold harmless Service Provider for Customer's failure to obtain the necessary approvals and permits.
4) Customer shall be responsible for the payment of all material costs, labor costs, waste removal and dump costs, and the like necessary for the completion of the Project. Warranties are null and void in the event there remains any unpaid balance for completion of the Project.
5) Customer shall indemnify, defend, and hold harmless Service Provider for all loss, cost, expense, fine, levy, damage, harm, waste, and claim for the failure of Customer to abide by the terms and conditions of this Agreement, or caused to the Property, or any other property, in completion of the Project.
This Agreement, including all documents, terms and conditions incorporated herein, constitutes the entire agreement between the parties and it may not be amended except in writing signed by both parties.
This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, successors and assigns.
Failure to ask for strict compliance with any of the terms, conditions, representations and/or warranties of this Agreement will not be deemed a waiver of such terms, conditions, representations and/or warranties, nor will any waiver or relinquishment of any right or power be deemed a waiver or relinquishment of such right to power, unless there is written notice of a waiver delivered by the appropriate party to the other party.
This Agreement will be construed in accordance with and governed by the substantive laws of the State or Commonwealth where the Project is located without reference to or application of its Choice of Law or Conflict of Laws rules.
Additional terms and conditions of use, including the limitations on the use of the www.diyroofs.com website, the document "Toolbox", the software program, and all other proprietary information of www.diyroofs.com are listed on the website and are incorporated herein as part of this Agreement.