alltimePOWER

Service Provider Terms and Conditions

Last Updated: July 12, 2019

These Service Provider Terms and Conditions describe the expectationsand obligations of Service Providers that use the Service to create apersonalized professional profile to receive customer Leads. If you arenot a Service Provider or an authorized representative of a ServiceProvider, then please see our Terms of Service. These Service ProviderTerms and Conditions are Additional Terms under, and supplement, the Terms of Service; if there is a conflict between these Service Provider Terms and Conditions and the Terms of Service, the provisions of these Service Provider Terms and Conditions control.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CREATING AN ACCOUNT, VERIFYING YOUR EMAIL ADDRESS AND CLICKING THE BUTTON TO SIGN UP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY: (1) THE FOLLOWING SERVICE PROVIDER TERMS AND CONDITIONS, (2) THE TERMS OF SERVICE AND, (3) ALLTIMEPOWER'S PRIVACY POLICY (TOGETHER, THE "AGREEMENT"). IF YOU ARE NOT ELIGIBLE (AS DEFINED IN SECTION 2), OR DO NOT AGREE TO THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE AS A SERVICE PROVIDER. YOUR USE OF THE SERVICE AS A SERVICE PROVIDER, AND ALLTIMEPOWER'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ALLTIMEPOWER AND BY YOU TO BE BOUND BY THIS AGREEMENT.

  1. Capitalized Terms. For purposes of this Agreement, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Terms of Service.

  2. Eligibility. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement and you agree to be bound by this Agreement.

  3. Account Registration. To access the Service Provider features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself and your business such as your name, business' name, business logo, phone numbers, email address, the types of services you provide, and other contact information. You agree that any and all information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. Certain data collected with respect to Service Providers is done in accordance with the Privacy Policy. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at customersupport@alltimepower.com.

  4. Service Provider Profile. By creating a professional profile, you warrant and covenant as follows:

    a. Authorization. You are a principal or employee authorized to create a profile for the relevant Service Provider.

    b. Accurate Information. You will provide accurate, truthful, and complete information regarding your business, products, and services, and keep such information up to date.

    c. License Information. If your profession or business requires licensure, you agree to provide all licensing information necessary to provide services to Leads. In addition, you represent that any licensing information you provide is accurate and up to date.

    d. Update Information. You agree to immediately notify us if: (i) any information you have provided to us, or any relevant information about you, has changed, (ii) a user including any Lead has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.

    e. Job Photos. You agree that all photos (including Job Photos) posted by you on the Service represents your own work, and you will not claim credit for the work of others. Additionally, you represent that you have obtained all necessary permission from Leads or the owner of a project to publicly display all photos posted by you.

    f. Affiliations. We may enable you to display your affiliation with certain organization and associations relevant to your business. You agree that you will only choose those organization and associations with which you are actually affiliated for display on your profile, and promptly remove any affiliations if no longer current.

    g. Ratings and Reviews. Users may rate and review your business; you understand and agree that while all reviewers must follow our Terms of Service, we are not obligated to remove negative ratings or reviews, except as may be required by law.

    h. User Data. To the extent that you receive personal information of a Lead, you may use that information only for the limited and intended purpose for which it was provided subject to this Agreement.

    i. Taxes. You agree to be properly registered to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services (\"Taxes\"). You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your products or services to Leads. You agree that you, and not alltimePOWER, are solely responsible for all matters related to Taxes.

  5. Customer Leads. alltimePOWER provides a dashboard for Service Providers to view Leads. Leads are algorithmically matched to Service Providers based on the user's generator needs and geographical service area. The time available to respond to a particular Lead is limited and Leads may be sold to more than one Service Provider. Once you respond to a Lead and pay the applicable fee, alltimePOWER will provide you with the Lead's contact information.

    a. Authorized Use and Purpose of Leads. Leads are provided on a non-exclusive basis for a specific type of product or service for which the users have submitted the online form. You are authorized to use the Leads solely for providing generator products and services. You may not use the Lead or Service for purposes of marketing or offering other products or services.

    b. Service Provider Obligations. As a Service Provider, you agree that you will perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform.

    c. Response Time. You agree that, if you receive a Lead's request for service you will respond to the Lead within a reasonable period of time. If you do not timely respond to the Lead, we reserve the right to send the Lead to another Service Provider and to terminate your right to respond to that Lead.

    d. Conduct with Leads.

    BY USING THE SERVICE AND OBTAINING LEADS YOU AGREE TO:

    • i. treat all Leads respectfully;
    • ii. be dependable and show up on time for scheduled appointments;
    • iii. listen carefully to Leads and give them a chance to explain their needs;
    • iv. demonstrate the necessary skill and knowledge to perform the job;
    • v. demonstrate integrity in your workmanship and pricing practices; and
    • vi. be truthful and upfront about products and services.

    BY USING THE SERVICE AND LEADS YOU AGREE NOT TO:

    • i. circumvent the Service to gain Lead contact information without paying alltimePOWER for such Lead;
    • ii. share, license, resell, distribute or otherwise disclose any or all Lead information or data to a Lead aggregator or to any third party for any purpose;
    • iii. contact or market to Leads that have requested to no longer be contacted; or
    • iv. add the contact information of a non-converted Lead to populate your marketing list.

    e. Lead Pricing. The purchase price of a Lead will be the amount shown at the time of your acceptance of that Lead. However, if a Lead fails to purchase a product or service from you within [60] days, you will be eligible to request from alltimePOWER a partial refund of the price you paid for that Lead, for the refund amount specified for that Lead at the time you accepted the Lead. alltimePOWER, at its sole discretion, may make promotional offers with different features and different pricing to any of alltimePOWER's users including Service Providers. During certain promotional and testing periods, the price of purchasing a Lead may be free. These promotional offers, unless made to you, will not apply to your offer or this Agreement.

    f. Lead Payment Processing. You will be charged a fee per Lead stated at the time of the purchase; this fee is non-refundable except in accordance with the refund policy stated in Sections 5.e and 5.g. Fees are due upon your acceptance of the Lead. You agree to provide us with current and valid credit card information (credit card type, name, number, expiration date, etc.) and hereby authorize us through our agent to charge the credit card you have provided in the amount of all or part of the fees payable for the Leads purchased plus any taxes we may be required to collect.

    For fees paid with a credit card, alltimePOWER may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Pre-funded balances will need to be replenished to maintain the balance at the required minimum amounts established by us from time to time. We reserve the right to not deliver Leads if there is an insufficient balance in your account to pay for the Leads. All fees are in U.S. Dollars and are non-refundable.

    g. Erroneous Lead. alltimePOWER at its discretion may allow you to reject a Lead that you previously accepted and paid for, within [10] business days of acceptance if: (i) the Lead includes a disconnected phone number and no other reasonable manner to reach the Lead; (ii) the Lead is outside the geographic area of service you specified; or (iii) the Lead is a duplicate of another Lead we have provided for the same requested services that is generated by the same individual (i.e., the Leads consist of the same name, phone number and email address) which was provided in the last [60] days.

    h. No Guaranteed Leads. The creation of a Service Providerprofile does not guarantee that alltimePOWER will provide you with any Leads.

    i. Lead Disclaimer; No Warranty
    ALLTIMEPOWER MAKES NO REPRESENTATIONS ABOUT THE QUANTITY, SUFFICIENCY OR QUALITY OF LEADS THAT IT PROVIDES TO YOU. THE LEADS AND SERVICES ARE PROVIDED "AS IS", AND "AS AVAILABLE". ALLTIMEPOWER MAKES NO WARRANTIES, AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH THE LAWS, NON-INFRINGEMENT, TITLE, OR BASED ON COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED BY THE USERS INCLUDING LEADS IS ACCURATE OR COMPLETE, OR THE RESULTS TO BE ACHIEVED FROM THE LEADS, INCLUDING ANY SPECIFIC USER CONVERSION FROM A LEAD TO A PAYING CUSTOMER.

    YOU UNDERSTAND AND ACCEPT THAT LEADS AND CONTACT INFORMATION COLLECTED HAVE NOT BEEN SCREENED OR VALIDATED BY US AND ARE NOT GUARANTEED TO BE ACCURATE OR ERROR-FREE AND ALL RISKS OF CONDITION, USE, QUALITY, DESIGN, OR FITNESS ARE YOURS.

    j. Termination. You or we may terminate our relationship at any time by discontinuing the provision or purchase of Leads or as otherwise specified in the Terms. This Agreement survives termination for any reason, and continues to apply indefinitely to any Leads purchased or received hereunder and all matters relating to such Leads or their use, including without limitation the use restrictions, warranties, indemnification, limitation of liability and mandatory arbitration provided in this Agreement.

  6. Product Sale Policy. All products sold to Leads must comply with federal, state, local or other applicable laws and regulations, Service Providers are strictly prohibited from selling products to Leads that are:

    • a. illegal;
    • b. recalled or knowingly defective;
    • c. stolen or counterfeit;
    • d. used, without explicitly informing the Lead that the product is used or refurbished; or
    • e. products that infringe the intellectual property or personal rights of others.
  7. Service Provider's Indemnification. In addition to the indemnification provision of the Terms, you agree to indemnify, defend and hold harmless alltimePOWER Entities from any third party claim or investigation relating to or arising from your, your affiliates', or your or their employees', contractors' or agents' activities with respect to the Leads or the possession, disclosure or use thereof, including without limitation, any Lead contact or information in connection therewith, or any breach of the warranties you made. This obligation remains in effect indefinitely.

  8. Miscellaneous

    a. General Terms. These Service Provider Terms and Conditions, together with the Terms of Service and Privacy Policy and any other agreements expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between you and alltimePOWER regarding your use of the Service as a Service Provider. You and alltimePOWER agree that any dispute arising in connection with this Agreement will be resolved by binding arbitration as described in the Terms.

    b. Independent Contractor. You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with alltimePOWER is intended or created by this Agreement or any relationship between us, that you have no power or authority to make any commitments on behalf of alltimePOWER, and that alltimePOWER has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.

    c. Legal Compliance. You represent and warrant that: (i) you are located in the United Sates; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    d. Contact Information. If you have questions about this Agreement, please contact us by email at customersupport@alltimepower.com.