Terms of Service
ACKNOWLEDGEMENT & ACCEPTANCE
By accessing or using the Service, you represent and warrant that you have read, understood, and agree to be bound by this Terms of Service Agreement ("TOS" or "Agreement") with iTrust Pro. This Agreement applies to all visitors, Customers, Service Professionals ("Pros"), and others who access the Service ("Users"), neutrally "Party", collectively "Parties" or "you".
You acknowledge and agree that iTrust Pro may amend this Agreement in part or in whole at any time by posting a revised version of this Agreement with or without notifying you.
You acknowledge and warrant that you are eighteen (18) years of age or older and able to form legally binding contracts under applicable Law for yourself or your company as a Service Professional. You agree not use the Service for any unlawful purposes whatsoever.
PROS and CUSTOMERS
Service Professional ("Pros") are those who use the Service to offer and market professional home services to Customers. Customers ("Users" "Home Owners"), use the Service to locate and book and pay for services offered by the Pros.
iTrust Pro provides an application specifically for mobile phones designed to help Customers find and locate Home Service Professionals. Pros use the application to market to Customershome owners located near the areas where they perform work. Customers and Pros can communicate through the application and exchange payment for services, as well as other functions regarding the procurement and payment for home services . The exact functions performed by the Service are continually updated and revised by iTrust Pro at iTrust Pro's sole discretion.
Subject to your compliance with these Terms, iTrust Pro grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Service on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by iTrust Pro and iTrust Pro's licensors.
Pros are required to register for the Service and set up an account online at www.iTrust Pro.com. iTrust Pro does not verify the information input by the Pros nor does iTrust Pro make any guarantees, warranties or representations of any kind regarding the capabilities or promises as set forth by the Pros. Pros consent to a background check by iTrust Pro if iTrust Pro, in its sole discretion, decides one is needed.
Licenses, Insurance and Bonding
Pros may post information and documents concerning their licenses, insurance policies and/or bonds covering their operations. iTrust Pro does not verify this information or require it for Pros to register with the Service. iTrust Pro recommends that Users obtain any documentation required by their state or for their specific job as they see fit.
Customers grant iTrust Pro the unrestricted right and permission to copyright and/or use and/or publish reviews, comments, photographic pictures or videos sent, saved or uploaded in the course of using the Service. Pros grant iTrust Pro the unrestricted right and permission to copyright and/or use, and/or publish photographic pictures or video of their business, themselves or their work in any media for advertising or any other lawful purpose. Pros also grant iTrust Pro the unrestricted right to use their business name and personal name as it relates to the marketing, sale and use of the Service.
iTrust Pro and Service Professional Legal Relationship
iTrust Pro and Pro are separate entities. iTrust Pro is not an agent of Pro and Pro is not an agent of iTrust Pro. In no form or event will iTrust Pro be considered a manager or general contractor for any services provided by Pros. iTrust Pro employees are not associated or employed by Pros and Pro employees are not associated or employed by iTrust Pro.
Customers do not have to pay a fee to access the Service.
Pros agree to pay the monthly per user fee as listed on the website at the time of registration.
Pros acknowledge that all credit card transactions are processed through the Service as "card not present" transactions, even if the Customer is physically present during the transaction.
iTrust Pro may impose any transaction limits and rules on Pros. If, as a Service Professional, you believe that the transaction limits are interfering with your business, you may contact iTrust Pro support.
Payment Processing Fees
In order to accept credit card payments from Customers, Pros agree to pay a payment processing fee in addition to the monthly iTrust Pro user fee. iTrust Pro reserves the right to change its fees at any time.
Pros Access to Your Funds
iTrust Pro will deposit to Pro bank account the amounts actually received for transactions submitted through the Service less any applicable Fees. iTrust Pro reserves the right to revise the payout schedule at any point. Once your US bank account information is verified, we will automatically initiate a payout to your designated bank account. Payouts to your bank account will normally register within 7 business days subject to your bank's policies.
Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when iTrust Pro or the designated third-party financial institution has accepted the transaction or funds. Pros are responsible for monitoring transactions and ensuring that payments are correct. Pros must notify iTrust Pro of any errors in payments within sixty (60) days of the error first appearing on the electronic transaction history. Failure to notify iTrust Pro of such an error will be deemed a waiver of any right to amounts owed for such alleged transaction errors.
Restrictions on Availability of Pro Funds
Should iTrust Pro need to conduct an investigation or resolve any suspicious activity or pending dispute related to Pro account, iTrust Pro may defer payout or restrict access to your funds for the entire time during the investigation. iTrust Pro also may defer payout or restrict access to Pro funds as required by law or court order, or if otherwise requested by law enforcement or governmental entity.
A refund may be issued for a transaction if the transaction (a) is disputed, (b) is reversed for any reason by the Card Associations, the third-party payment processor, or a Customer's or iTrust Pro's financial institution, (c) was not authorized or iTrust Pro has any reason to believe that the transaction was not authorized or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
Refunds and Returns
You agree to process returns, and provide refunds and adjustments for, your goods or services through your Pro account in accordance with these terms and Card Association Rules. Card Association Rules require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to customers at the time of purchase, (c) not give cash refunds to a customer in connection with a Card sale, unless required by law and (d) not accept cash or any other item of value for preparing a Card sale refund. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the buyer, you may still receive a Chargeback relating to such sales. You can process a refund by contacting iTrust Pro support at support@iTrust Pro.com up to sixty (60) days from the day you accepted the payment. If the balance in your Pro account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your customer's Card. Transaction Fees are also refunded, so the full purchase amount is always returned to your customer. We have no obligation to accept any returns of any of your goods or Service on your behalf.
Pros agree to assist iTrust Pro upon request, at the Pro's expense, to investigate any transactions on your account processed through the Service. Pros allow iTrust Pro to share information about a refund with the Customer, Customer's financial institution, and the Pro's financial institution in order to investigate and/or mediate a refund. As a Pro, you acknowledge that your failure to assist iTrust Pro in a timely manner when investigating a transaction, including providing necessary documentation within ten (10) business days of our request, may result in an irreversible processed refund. Pros acknowledge and accept that iTrust Pro reserves the right to charge a fee for mediating and/or investigating refunds or transaction disputes, and Pros agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of iTrust Pro in connection with the resolution of a disputed transaction or refund.
Excessive Disputed Transactions
If iTrust Pro determines in its sole discretion that as a Pro, you are incurring an excessive amount of disputed transactions or refunds, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new processing Fees, (b) delaying payouts and (c) terminating or suspending your access to the Service.
Pros are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection of the use of the Service ("Taxes"). Pros also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority.
Pros are solely responsible for all customer service issues relating to the services provided by Pros to Customers, including pricing, fulfillment, cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with personnel, policies or processes. iTrust Pro is only responsible for customer service issues related directly to the Service.
iTrust Pro provides Pros an online transaction history of all authorized transactions. Except as required by law, Pros are solely responsible for (a) compiling and retaining permanent records of all transactions and other data and (b) reconciling all transactional information.
iTrust Pro will attempt to rectify processing errors discovered during the course of normal business. If the error resulted in the Pro's receipt of less than the correct amount to which you were entitled as a Pro, iTrust Pro will credit your bank account for the difference. If the error results in the receipt of more than the correct amount to which you were entitled as a Pro, iTrust Pro will debit the extra funds from your bank account. iTrust Pro will only correct transactions that Pros process incorrectly if and when iTrust Pro is notified of such an error. Failure to notify iTrust Pro of a processing error within thirty (30) days of when it first appears on an electronic transaction history will be deemed a waiver of any right to amounts owed to you as a Pro.
INTERACTIONS AND DISPUTES WITH PROS
Customers should verify that the information presented by the pro, including the information in the pro's profile, is accurate. iTrust Pro does not verify this information or documents provided by pros and expressly disclaims any guarantees or warranties concerning such information. Consumers should conduct their own investigation of pros, to investigate and to determine, among other things, whether pros are appropriately licensed for the requested services, free of significant state-level civil legal judgments, and carry appropriate insurance or bonding at appropriate limits.
No Warranty or Endorsement of Pro Services
iTrust Pro does not endorse or recommend the services of any pro. The decision to enter into an agreement for work belongs entirely to the customer and pro. iTrust Pro does not warrant the pro's performance on the job or the quality of goods, materials, equipment or services furnished by pro. iTrust Pro does not contract for or perform, and is not responsible for, any of the services requested by the customer through the service. As a customer, you expressly acknowledge and agree that your use of the service is at your sole risk. iTrust Pro makes no representations or warranties as to the conduct of any pro or the pro's ability to provide a service compliant with the customer's request. As a customer, you expressly acknowledge that iTrust Pro makes no warranties, either express or implied, regarding the quality of services rendered by any pro.
Relationship Between Pros and Consumers
Customer is solely responsible for its interactions with pros. Customer's rights under contracts entered into with pros are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should a dispute between pro and customer arise, customers should address such dispute with the pros directly. iTrust Pro is not a party or third-party beneficiary to the contracts between customers and pros.
In exchange for the service provided by iTrust Pro, customer's expressly agree to release iTrust Pro, its officers, directors, affiliates, parent companies, employees and agents from any claims, demands, causes of action, losses and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute with one or more pros.
iTrust Pro makes no representation or warranties about the suitability of the content on or services of this service for any purpose. iTrust Pro does not promise that the service will be error-free, uninterrupted, or that it will provide specific results from use of the service or any content, search or link on it. The service and its content are delivered on an "as-is" and "as-available" basis. iTrust Pro shall not have any liability or responsibility for any errors or omissions in the content of this service, for any action or inaction in connection with this service or for any damage that may incur in connection with this service. iTrust Pro hereby expressly disclaims all warranties and conditions of any kind, express or implied, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. iTrust Pro makes no guarantees of any specific result from use of this service. The use of the service is at the customer's, user's and pro's own risk.
LIMITATIONS OF LIABILITY
In no event shall iTrust Pro, its officers, directors, affiliates, parent companies, employees and/or agents be liable for any damages whatsoever, including without limitation, direct, indirect, punitive, incidental, general, special or consequential damages, arising out of or relating to (1) the use of, content in, delay or inability to use, or otherwise arising in connection with this service, (2) the conduct of a user, pro or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. iTrust Pro is not liable for any lost data resulting from the operation of the service or the enforcement of the terms. iTrust Pro expressly disclaims any and all liability for the acts, omissions and conduct of any third party users, iTrust Pro users, advertisers and/or sponsors on the service, in connection with the service or otherwise related to the use of the service. By using the service, you agree to take reasonable precautions in all interactions with other users of the service.
POSTED INFORMATION ON SERVICE
Users may post ratings, reviews, comments, messages, feedback, photos, profiles, send emails, submit materials, suggestions, ideas, comments, questions, or other information (collectively "User Information"), so long as the User Information is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Users of the Service agree that all of the User Information posted on the Service is the sole and exclusive property of iTrust Pro and the party posting such User Information and that iTrust Pro may use User Information in any way deemed appropriate in conjunction with the Service. iTrust Pro reserves the right to remove, change or edit such User Information in its sole discretion.
Accuracy of User Information
iTrust Pro is not responsible for and does not guarantee or make any warrants expressed or implied regarding User Information made available through the Service. Authors of such User Information are solely responsible for it. iTrust Pro does not: (i) guarantee the accuracy, completeness, or usefulness of any User Information on the Service; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will iTrust Pro or its affiliates be responsible for any loss or damage resulting from the reliance on User Information posted on the Service or transmitted to or by any Users.
Information Provided to iTrust Pro
Users are responsible for maintaining the confidentiality of their account password. Users are also responsible for all activities that occur in connection with their own account. You agree to notify us immediately of any unauthorized use of your account.
iTrust Pro has implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. All Users, Customers and Pros acknowledge that you provide such information at your own risk.
TERMINATION OF ACCOUNT
This Agreement will remain in full force and effect while you use the Service as a Pro or Customer. Any User may terminate his or her account at any time, for any reason. To cancel an account, please send an email to support@iTrust Pro.com. As a Pro, once you terminate your account, the Service will remain active for you through the day you have paid for such service. No refunds of monthly subscription fees to Pros will be given in conjunction withof account termination for any reason.
iTrust Pro may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to iTrust Pro. All decisions regarding the termination of accounts shall be made in the sole discretion of iTrust Pro. iTrust Pro is not required to provide you notice prior to terminating your account. This Agreement will remain in effect after your account is terminated.
Parties agree to defend, indemnify and hold harmless iTrust Pro, its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors, suppliers (collectively "lndemnitees") against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnitees (including without limitation claims, liability, loss, damage, or harm in connection with death, bodily injury or injury to real or personal property) arising from or in connection with (1) the use of the Service including without limitation any claims, liability, loss, damage, harm suffered by such Indemnitees arising from or in connection with the use by any third party of the Service regardless of whether such use was authorized, or (2) a breach of any provision of this Agreement.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same Agreement.
If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or control s, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party's performance shall be extended for a period of time equal to the duration of such delay.
Construction, Venue, Jurisdiction
This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of Georgia. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the State of Georgia. Parties hereby submit to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Parties acknowledge that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
The following provisions shall survive termination of the Agreement: Customer Verification, No Warranty or Endorsement of Pro Services, Interactions and Disputes between Customers and Pros, Release, No Warranties, Limitations of Liability, all provisions in the User Information, Disclaimers, Construction, Venue, Jurisdiction, Indemnification, Severability, and Survival.