Welcome to Freecontractorquote.net
This Agreement governs your relationship with Freecontractorquote.net,. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to Freecontractorquote.net. and its employees and agents as "we" or "us" or "S Freecontractorquote.net." References herein to the Freecontractorquote.net web site include any and all web sites now, or hereafter, owned or operated by Freecontractorquote.net
I. What We Agree to Business Leads.
A. Freecontractorquote.net receives requests from its customers ("customers") for certain services. In turn, Freecontractorquote.net send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by Freecontractorquote.net from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
B. We have different tiers of Service Professionals so that you can distinguish your business, including Freecontractorquote.net "Member" and Freecontractorquote.net "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by Freecontractorquote.net.
C. We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. Freecontractorquote.net is free to contract with other Service Professionals as this is not an exclusive contract.
D. We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews.
II. What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, as follows:
a. You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
b. You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c. You will comply with the Freecontractorquote.net membership requirements as specified from time to time, including any required insurance coverage. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by Freecontractorquote.net to comply with any changes.
d. You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided Freecontractorquote.net with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with Freecontractorquote.net you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify Freecontractorquote.net. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize Freecontractorquote.net to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
e. You agree to abide by and to follow the terms of the Freecontractorquote.net Performance
You agree to work with the other groups to:
Act with Integrity and Mutual Respect.
Commit to Problem Resolution.
· Service Professionals and Customers should take reasonable steps to protect all personal and confidential information shared among them while facilitating a service solution.
and the RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE.
RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE.
To be eligible for the Resolution Process and the Limited Service Guarantee, you must be a consumer member of Freecontractorquote.net who has agreed to be bound by our general Terms and Conditions, and have used a Freecontractorquote.net Member Service Professional who was referred to you by Freecontractorquote.net in response to a Service Request submitted to Freecontractorquote.net. You must also have entered into a written contract or agreement with the Freecontractorquote.net Member Service Professional within 90 days from the date that your Service Request was submitted. The Resolution Process and Limited Service Guarantee are not applicable under the following circumstances:
work that is performed without a written contract or agreement signed by both parties;
For work performed by someone other than the Freecontractorquote.net Member Service Professionals that were referred to you directly by Freecontractorquote.net in response to your Service Request;
For any materials, equipment, appliances or other machinery, whether or not provided by you or the Member Service Professional;
For work that extends beyond the scope or description of the original Service Request you submitted to Freecontractorquote.net
with respect to Service Requests that are not for an individual consumer requesting service for the consumer's residential property (i.e. not applicable for Service Requests submitted by commercial entities such as property management companies, real estate investment companies, or home builders);
If you have not contacted Freecontractorquote.net customer service via phone, e-mail, letter, fax, or online "live chat" within 30 days following the completion of the project;
For breaches of contractual obligations or agreements between you and the service professional;
For liens placed on your property by the service professional.
If you have failed to seek a remedy directly from the service professional.
Documentation: Freecontractorquote.net takes all complaints against our Member Service Professionals seriously. To initiate the Resolution Process, all complaints must be thoroughly and accurately documented in writing and copies of all related documents, including original signed contracts or agreements, evidence of payments, signed change orders, etc. be provided up front. Should you choose to lodge a written complaint against a Freecontractorquote.net Member Service Professional you are acknowledging that Freecontractorquote.net may share your complaint with the Member Service Professional. We may notify a Service Professional of a consumer complaints related to a consumer's Freecontractorquote.net Service Request
Facilitating Communication: Our experience shows that in most cases, communication between you and the Member Service Professional can resolve most problems. Freecontractorquote.net will, at the request of a Consumer or a Member Service Professional, attempt to contact the other party and relay specific concerns related to a Freecontractorquote.net Service Request. We will endeavor to help both parties reach a mutually acceptable resolution to any disputes. Freecontractorquote.net is not responsible or liable to either the Consumer or the Member Service Professional if a mutually acceptable resolution is not reached.
3rd Party Evaluation: Based on having initiated a proper Resolution Process, including the Consumer's provision of all required documentation, and in the event that a Consumer and a Member Service Professional are unable or unwilling to agree upon a resolution, Freecontractorquote.net may elect, in its sole discretion, to have another Freecontractorquote.net Member Service Professional ("Reviewing Service Professional") inspect the service or project, potentially including a job site visit and interviewing the Consumer, and render their opinion to Freecontractorquote.net as it relates to the workmanship and service of the original Member Service Professional. If Freecontractorquote.net chooses to employ this approach, which is solely at Freecontractorquote.net discretion, then the Consumer must accommodate such a visit and provide complete and accurate information to the Reviewing Service Professional.
Limited Service Guarantee: In the event that a Consumer and a Member Service Professional are still unable or unwilling to agree upon a resolution, the Consumer may, in Freecontractorquote.net sole discretion, be eligible for the Limited Service Guarantee. To be eligible for the Limited Service Guarantee, the Consumer must:
Have provided accurate and truthful information via the Service Request;
Have entered into a signed (by both consumer and the Member Service Professional), written contract or agreement for a home service or project within the scope of the Service Request, with a Member Service Professional that was referred to the Consumer directly by Freecontractorquote.net in response to a Service Request;
Have supplied Freecontractorquote.net with written documentation describing consumer's complaint regarding the Member Service Professional's workmanship or service and provided all requested additional documentation;
Have complied with any request by Freecontractorquote.net for a 3rd Party Evaluation;
Have complied with all of the terms described herein.
In the event that all above conditions are met by the Consumer, Freecontractorquote.net may, in its sole discretion, grant the Consumer the Limited Service Guarantee in an amount equal to the Consumer's actual out of pocket monetary losses, such amount not to exceed $500 (or higher amounts for consumers with premium memberships)(the "Limited Service Guarantee Amount"). Freecontractorquote.net shall have the right to choose whether to have another Freecontractorquote.net Member Service Professional ("Remedy Service Professional") provide service to remedy the workmanship or services in dispute, and in such case Freecontractorquote.net may, in its sole discretion, pay the Limited Service Guarantee Amount to the Remedy Service Professional directly, or directly to the Consumer. Freecontractorquote.net reserves the right, in its sole discretion, to determine the form of the Limited Service Guarantee Amount.
each as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to our limited service guarantee (the terms of which may be found in our Resolution Process), or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
f. If you provide any quotes to consumers via the Freecontractorquote.net website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the Freecontractorquote.net website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer’s interest in contacting or being contacted by you.If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. Freecontractorquote.net reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the Freecontractorquote.net Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by Freecontractorquote.net of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of Freecontractorquote.net as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of Freecontractorquote.net
g. You acknowledge and agree that all of the content and information posted on the Freecontractorquote.net Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all Freecontractorquote.net Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of Freecontractorquote.net. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the Freecontractorquote.net Website, other than content provided directly by you. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Freecontractorquote.net for any such damages, and will indemnify Freecontractorquote.net in the event of any third party claims against Freecontractorquote.net based on or arising from your violation of the foregoing. You acknowledge and agree that Freecontractorquote.net has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. Freecontractorquote.net is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
h. You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with Freecontractorquote.net, any customer or other third party, including, but not limited to, (i) incorporating any fee in a customer's bill for any fees paid to Freecontractorquote.net, (ii) charging Freecontractorquote.net customers any more than your other customers, or (iii) disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A Freeecontractorquote.net SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO Freecontractorquote.net AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF Freecontractorquote.net. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Freecontractorquote.net, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
i. You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by Freecontractorquote.net to any other party, including any other Freecontractorquote.net Service Professionals.
j. Manager Accounts (if applicable): If you elect, and are eligible, to become a Manager Account, and you meet the applicable Freecontractorquote.net requirements, you may assign a Service Request, or Lead (that you do not personally take and contact) to ONLY ONE SINGLE pre-designated employee or agent such as a sub-contractor or agent working under your direct supervision (a "Sub-Account Agent"), which Sub-Account Agent must be registered and approved as a service professional in our system prior to being eligible to receive any Service Requests, or Leads. You may assign a Lead to only one Sub-Account Agent, such that only one of your Sub-Account Agents (and not you, except for the sole purpose of introducing the Sub-Account Agent to the customer) will ever contact the customer relating to such Lead. You, as Manager, are not allowed to contact a Lead and then transfer the Lead to a Sub-Account Agent, or transfer the Lead to a Sub-Account Agent and then separately contact the Lead (for example to re-pitch, retrieve or try to salvage the customer). Any Sub-Account agent that receives a Lead from a Manager Account may not transfer, sell, share or distribute such Lead in any way to any other parties whatsoever, including but not limited to office-mates or any other Sub-Account agents working with for the same or other Manager Accounts, or back to the Manager Account (and you, as Manager, agree to insure that Sub-Account Agents comply with this restriction). You hereby acknowledge and agree that you are liable for all of the actions, and failures to act, of your Sub-Account Agents, including any misuse by your Sub-Account Agents of a Lead (i.e. sale, unauthorized transfer, exchange, disclosure of confidential user information to a third party), and any breach of this Agreement by your Sub-Account Agents shall entitle us, in addition to our right to terminate this Agreement and any of your Sub-Agent Accounts, to seek damages (including without limitation any attorney's fees, court costs, expenses, and interest) from you, including but not limited to injunctive relief and any damages incurred due to any breach of a customer's privacy. In addition, your indemnification obligations under this Agreement apply to the acts, or failures to act, of your Sub-Account Agents, as if such acts, or failures to act, had been committed by you.
k. In addition to all of the other terms and conditions herein, SPs using Freecontractorquote.net Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by Freecontractorquote.net; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current Freecontractorquote.net fee schedule; (iv) Freecontractorquote.net may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the Freecontractorquote.net network, or the SP not having any available spend target. In such event, Freecontractorquote.net may direct consumers from the SP's online profile page to the Freecontractorquote.net website; (vi) SP hereby authorizes Freecontractorquote.net to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes Freecontractorquote.net to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing.
a. You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals). You will pay Freecontractorquote.net applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) Freecontractorquote.net Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have Freecontractorquote.net develop and host your company Website; and (vii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Monday through the following Monday. You agree that payment will be made by Freecontractorquote.net initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week’s activity. You may view a statement of your monthly lead activity on your Freecontractorquote.net account, at Freecontractorquote.net. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. For service professionals not purchasing leads, the only fees due shall be Freecontractorquote.net Seal of Approval License Fees. You shall pay such fees on a monthly or annual basis, as selected by you. You agree that payments will be made by Freecontractorquote.net initiating an ACH transfer or processing your credit card, in advance, on a monthly or annual basis, as applicable. For service professional purchasing leads, the Freecontractorquote.net Seal of Approval License Fees will not be applicable. No previously paid Freecontractorquote.net Seal of Approval License Fees will be refunded upon a non-lead purchasing service professional becoming a lead-purchasing service professional.
b. You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Freecontractorquote.net profile are kept up-to-date and accurate. Freecontractorquote.net is not responsible, or liable, for undelivered customer notifications.
c. Freecontractorquote.net reserves the right, at its sole discretion, to provide periodic discounts and incentive programs to you and/or other Service Professionals.
d. You acknowledge that you will not receive a detailed account statement unless you provide Freecontractorquote.net with a valid email address. Your account balance is also available by calling 281-746-6001 or via the Freecontractorquote.net Website. Freecontractorquote.net will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
e. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
f. All Lead Fees constitute advertising fees paid by you to Freecontractorquote.net and are in no way, referral commissions based upon your successful completion of services.
g. No fee is due or payable to the extent such fee is in violation of any applicable law.
h. Freecontractorquote.net is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees for which services have not been rendered to you by Freecontractorquote.net.
V. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a. Indemnification. You shall fully protect, indemnify and defend Freecontractorquote.net and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the Freecontractorquote.net Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF Freecontractorquote.net OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY freecontractorquote.net OR THE INDEMNIFIED PARTIES.
b. Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF Freecontractorquote.net TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Freecontractorquote.net DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE Freecontractorquote.net SERVICES AND Freecontractorquote.net SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND Freecontractorquote.net DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VI. Other Terms.
a. This Agreement, and the Freecontractorquote.net Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the Freecontractorquote.net Website or which are otherwise communicated to you; the current applicable Agreement and Freecontractorquote.net Fee Schedule is available upon request.
b. You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
c. Freecontractorquote.net, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the Freecontractorquote.net network immediately at any time for any reason or no reason at all.
d. If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I (d) ; II; III (d), (e), (g) and (h); V; VI (b), (d), (e), (f), (g), (h) and (i); and VII, and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) the license granted in Section IV(a) above shall immediately terminate, and you shall have no further right to access, use or display the Freecontractorquote.net Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the Freecontractorquote.net Seal of Approval.
e. If it is determined or suspected by Freecontractorquote.net in its sole discretion that you are misusing or attempting to misuse or circumvent the Freecontractorquote.net services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by Freecontractorquote.net, in addition to our right to immediately terminate this Agreement, Freecontractorquote.net reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
f. In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g. You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Texas (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Houston Texas are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h. The relationship between Freecontractorquote.net and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i. If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
FreeContractorQuote.net Lead Fee Schedule