These Terms apply to home service professionals, contractors, tradespeople, and businesses (“Service Providers,” “Providers,” “you”) who register for, access, or use the HMSRVC mobile application or the website located at https://www.hmsrvc.com (collectively, the “Platform”). Homeowners and other customers are governed by the separate HMSRVC User Terms and Conditions.
By accessing, browsing, downloading, registering for, creating a profile on, or using the Platform as a Service Provider, you acknowledge that you have read, understood, and agree to be bound by these Service Provider Terms and Conditions (“Terms”). If you register on behalf of a company, you represent that you have authority to bind that company to these Terms.
If you do not agree to these Terms, you must not access or use the Platform.
HMSRVC is an online referral marketplace designed solely to connect independent third-party Service Providers with homeowners, property owners, tenants, businesses, and other users (“Users”) who may be seeking home services.
HMSRVC is not a contractor, subcontractor, general contractor, construction manager, employer, staffing agency, employment service, referral agency as defined under any licensing statute, broker, insurer, lender, guarantor, joint venturer, partner, or agent of any Service Provider or User.
HMSRVC does not perform, supervise, direct, inspect, schedule, manage, control, or guarantee any services. HMSRVC does not set your prices, hours, service area, methods, materials, or standards of work. HMSRVC’s role is limited to providing technology that allows Users and independent Service Providers to find one another and communicate.
Any contract, agreement, estimate, quote, invoice, warranty, or arrangement for services exists solely between you and the User. HMSRVC is not a party to any such agreement.
You acknowledge and agree that:
You are solely responsible for determining whether the services you offer require a license, registration, certification, bond, or permit under applicable federal, state, or county law (including, in Hawaii, the contractor licensing requirements administered by the Department of Commerce and Consumer Affairs and Hawaii Revised Statutes Chapter 444), and for obtaining and maintaining all such credentials at your own expense.
You represent and warrant that:
You acknowledge that selecting a service category on the Platform (including registering under a general or “handyman” category while awaiting a category change) does not constitute advice, permission, or a determination by HMSRVC that you may lawfully perform any particular work. Category labels on the Platform are for organizational purposes only, and it remains your sole responsibility to stay within the legal scope of your license at all times.
HMSRVC strongly recommends that all Service Providers maintain commercial general liability insurance and, where applicable, workers’ compensation insurance covering their employees. You are solely responsible for any injury to your own employees, agents, or subcontractors.
HMSRVC may, but is not obligated to, request or review information such as business licenses, insurance certificates, identification, or other documentation. Where HMSRVC uses the terms “vetted,” “verified,” or similar language, those terms mean only that HMSRVC has collected information provided during your signup and has displayed on your profile what credentials you have reported having or not having. Vetting is an information-gathering and disclosure process, not a screening, qualification, or approval process.
You acknowledge and agree that:
Nothing in HMSRVC’s vetting process reduces or transfers your obligations under Section 4, including your sole responsibility to hold every license, permit, bond, and insurance policy required by law before offering or performing any service.
The Platform may offer leads, connections, tokens, credits, promotional credits, or similar features (“Lead Products”). You acknowledge and agree that:
All negotiations, estimates, contracts, scheduling, work, changes, warranties, and payment arrangements are strictly between you and the User. You assume all risks arising from dealing with Users, including without limitation: non-payment, partial payment, chargebacks, cancellations, inaccurate project descriptions, unsafe site conditions, disputes, property access issues, and the conduct of Users or third parties present at any job site.
HMSRVC does not screen Users, does not verify their identity, ownership of property, creditworthiness, or authority to contract for work, and makes no representation about the safety of any job site. You are solely responsible for evaluating each job, site, and customer before accepting or performing work, and for using written contracts, deposits, lien rights, and other protections available to you under law.
The Platform may offer optional payment processing through third-party payment processors. Whether payment occurs through the Platform or directly between you and a User, HMSRVC is not a party to the payment transaction and is not responsible for payment disputes, chargebacks, refunds, financing arrangements, missed or partial payments, non-payment, collections, escrow, or tax obligations between you and any User. HMSRVC does not guarantee that any User will pay you, and any fees charged by payment processors are your responsibility as between you and HMSRVC.
You are solely responsible for the accuracy and legality of your profile, photos, descriptions, quotes, and communications. You grant HMSRVC a non-exclusive, royalty-free, worldwide license to use, display, and reproduce content you submit for purposes of operating and promoting the Platform.
Users may leave ratings and reviews of your services. HMSRVC does not verify reviews, is not responsible for their content, and has no obligation to remove or edit reviews, though it may do so at its sole discretion. You agree not to solicit fraudulent reviews, review your own business, or offer compensation in exchange for reviews.
You consent to receive communications from HMSRVC and from Users through the Platform, including by email, SMS, and push notification, in connection with your account and leads. Message and data rates may apply.
You agree not to: misrepresent your identity, credentials, licensing, or insurance; perform work outside the lawful scope of your license; circumvent Platform fees where applicable; harass, threaten, defraud, or discriminate against Users; upload unlawful or infringing content; scrape or reverse engineer the Platform; use User data for any purpose other than responding to that User’s service request; or use the Platform in violation of any law.
The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. HMSRVC makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, security, or non-infringement. HMSRVC does not guarantee that leads will be genuine, that Users will respond, hire, or pay, that the Platform will be uninterrupted or error-free, or that any business outcome will be achieved.
To the fullest extent permitted by law, HMSRVC and its owners, officers, employees, affiliates, contractors, members, managers, successors, and agents shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages, including but not limited to: lost profits, lost revenue, lost business opportunities, business interruption, loss of data, loss of goodwill, property damage, personal injury, death, project delays, cost overruns, non-payment by Users, chargebacks, or claims by Users or third parties arising from your services.
HMSRVC’s total aggregate liability to you for any and all claims, whether in contract, tort, or otherwise, shall never exceed the total amount actually paid by you directly to HMSRVC during the twelve (12) months preceding the event giving rise to the claim.
You agree to defend, indemnify, and hold harmless HMSRVC, its owners, officers, employees, affiliates, members, managers, and agents from and against any and all claims, lawsuits, demands, damages, liabilities, judgments, losses, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:
HMSRVC is not responsible for resolving disputes between Service Providers and Users. All disputes regarding services, payments, warranties, workmanship, scheduling, contracts, cancellations, refunds, or project performance must be resolved directly between the parties involved. HMSRVC has no obligation to investigate, mediate, or participate in such disputes, and any voluntary assistance shall not create any responsibility or waive any protection under these Terms.
Any dispute, claim, or controversy between you and HMSRVC arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered in Honolulu, Hawaii, rather than in court, except that either party may bring qualifying claims in small claims court. You and HMSRVC each waive the right to a jury trial and the right to participate in any class, collective, consolidated, or representative action. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
HMSRVC reserves the right to suspend, restrict, or terminate any account or remove any listing at its sole discretion, with or without notice, for any reason, including suspected fraud, misrepresentation of credentials, lapsed licensing or insurance, misuse of the Platform, violation of these Terms, or conduct that may harm Users, other Providers, or HMSRVC. Termination does not entitle you to any refund of fees or unused tokens except where required by law.
HMSRVC may modify these Terms at any time. Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.
These Terms shall be governed by and interpreted in accordance with the laws of the State of Hawaii, without regard to its conflict of law principles. Subject to the arbitration provision above, any legal action arising out of these Terms or use of the Platform shall be brought exclusively in the state or federal courts located in the State of Hawaii, and you consent to the jurisdiction of those courts.
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with any policies referenced herein, constitute the entire agreement between HMSRVC and the Service Provider regarding use of the Platform and supersede all prior communications or agreements relating to the Platform.
HMSRVC
Website: https://www.hmsrvc.com
Email: [email protected]
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