General Service Agreement - contractor-lead.com

This General Service Agreement (“Agreement”) is entered into between Contractor-Lead (a HGMJ Marketing LLC Brand Name), hereinafter referred to as “Company,” and the individual or entity using the services, hereinafter referred to as “Customer.” By using the services provided by Contractor-Lead through the customer portal, the Customer agrees to the terms and conditions outlined in this Agreement.

Agreement to Terms

By creating an account and placing their credit card information on our platform, the customer agrees to be bound by this agreement. If the customer does not agree to these terms, they should not activate their account or use the service.

Activation Equals Acceptance:

The customer acknowledges that by activating their account, they fully agree to all terms and conditions of this agreement. Continued use of the account and service constitutes ongoing acceptance of these terms.

Services Provided by Contractor-Lead

Contractor-Lead shall provide lead generation services to Customer for the following project types: Bathroom, Roofing, Windows, Landscaping, Plumbing, Kitchen, HVAC, Solar, and ADU (collectively referred to as “Services”). The leads will be provided on a pay-per-request or pay-per-appointment or pay-per seat or a pay-per-sale model. Such models may not be available to the contractor depending of its performance, location or the type of services provided.

Customer Responsibilities

Customer shall provide Contractor-Lead with the necessary information to facilitate lead generation, including but not limited to general company information, days and hours of operation, servicing zip codes, and preferred method of notification (text or CRM integration).

Initial Evaluation

Customer will be granted a 3 week initial evaluation during which appointments will be provided to the contractors following their preferred pricing model. This initial evaluation allows Contractor-Lead to gather data about the contractor’s performance and allow the customer to test the quality of the appointments received. Contractor-Lead will review the customer’s performance at the end of the initial evaluation and may take additional performance actions. Such performance action may include adapting the pricing model based on the customer’s performance.

Pricing model:

Contractor-Lead proposes four different pricing models for its customers:

Pay-per-request: in this model the customer pays per appointment request received.
Pay-per-Appointment: In this model the customer pays per confirmed appointment. Criteria of a confirmed appointment is available below.
Pay-per-Seat: In this model, the customer pays per appointment fully attended by the customer’s team and the homeowner.
Pay-per-Sale: If available, the customer would only pay a fixed percentage of its sales to Contractor-Lead from appointment scheduled.

Pay-per-Request model

In this model, the customer Pay per Appointment request received and not only the confirmed appointments. In that model, the customer benefits from a lower price per request but is not able to process any refund requests.

What should be considered as a valid Request?

Contractor-Lead will be sending the customer with appointment requests for a Free estimate. Such requests will be considered valid if:

The request contains the full address
The request contains the name of the main contact
The request includes the address
The request is for a project which the category has been requested by the Customer from the portal.
The request contains a valid phone number

Pay-per-Appointment Model

What should be considered as a Confirmed Appointment?

Appointment will be considered confirmed if they match the following criteria:

Confirmation of the homeowner address
Confirmation that contact is the homeowner and not a renter
Project description that match the service category requested
Homeowner is available for the estimate appointment
Confirmation that all decision makers will be attending
Confirmation that homeowners have at least 1h for the estimate
Confirmation that the homeowner don’t expect the project to be FREE even if Estimate is FREE and without commitment

Any appointment requests that fit those criterias should be considered as valid.

Payment Authorization:

By entering their payment information and activating their account, the customer authorizes the Company to charge their credit card according to the terms of this agreement. Refunds, if applicable, will be processed according to the conditions outlined herein.

Appointment Confirmation

Customer should be the main responsible to confirm the appointment. Customer agrees to promptly follow up on leads received from Contractor-Lead. Proper follow-up shall include contacting the lead within 1 business hour of receiving the notification and making 20-50 follow-up attempts within one week after receiving the leads until the appointment date.

Contractor-Lead’s dispatch team could be in the position to directly confirm the appointment for the customer. The appointment should be considered as confirmed if Contractor-Lead is able to provide a recording of the confirmation call going through each requirement above for an appointment schedule at a date and time within the working hours of the contractor (as listed in the portal).

Payment and Refunds process

Appointments generated by Contractor-Lead will be credited to Customer’s account balance upon being sent. Customer may request a refund, which will be credited towards the next order, in the following circumstances:

– Invalid phone number

– Invalid address

– Lead is not a homeowner

– Project does not match the requested service type

– No response after follow-up attempts (as defined above)

All refunds will be credited to the Customer’s account balance and are not actual credit card refunds. Credits are non-refundable.

When Customer receives the appointment, they need to confirm it until the appointment date. If Customer doesn’t manage to reach the homeowner, they can place a refund request within 3 days after the appointment date. Refunds requests received after those 3 days would be denied as it prevent our team to reschedule the appointment.

Once Contractor-Lead receives the refund request, our team will follow up to try to reschedule the appointment. If Contractor-Lead’s team is able to reschedule the appointment and send a recording of the confirmation call to the Customer, the refund request will be denied.

Full and Partial Refunds

A partial refund can be issued:

– If the homeowner wants to reschedule after +30 days => a 50% refund will be processed on a case-by-case basis and after mutual agreement. All refunds will be credited to the Customer’s account balance.

Refund requests for the following reasons will be denied:

– Contractor-Lead’s team rescheduled the appointment providing an appointment confirmation recording.

– Wrong service area: the contractor can directly modify the service area within their account in the service area tab. It is not Contractor-Lead’s fault if the service area is not correctly updated.

– Contractor already went there: we do not have any control over projects that you’ve already visited or sold. We are receiving new homeowner requests interested in connecting with local contractors. We cannot refund a valid appointment for those reasons.

– Received lead from another source: we do not have any control over the other lead sources that you are using. We cannot refund a valid appointment for those reasons.

– Project under minimum budget: contractors should not mention any specific project estimates over the phone as an early estimate may scare a homeowner. The estimate need to be in person as the scope of work may be misunderstood or the homeowner may be looking for a different type of offer such as a small monthly payment with no down payment. The only valid reason to refund this type of request would be if the homeowner thinks that the project is for free.

– Refund request is sent +3 days after the appointment date: our team follows up after each refund request. If a refund request is sent too late, it significantly decreases our chances to reschedule the appointment and the request will therefore be denied.

Minimum Lead Fee

Contractor-Lead reserves the right to charge a minimum lead fee for all not confirmed appointments for customers with a confirmation rate below 20%.

Performance Discount

Contractor-Lead will propose a discounted rate for the best-performing contractors. Performance is defined bellow in the customer performance section.

Pay per Seat Model

In this model, the customer is not in charge of the confirmation and scheduling of the appointments. Customers will receive appointment requests in the portal and Contractor-Lead’s team will be in charge of the confirmation and scheduling. Contractor-Lead will provide a recording of the confirmation directly accessible on the portal. The appointments will be charged once confirmed and the team will be notified.

What should be considered as a valid Seat?

A valid seat should match all following criteria:

Appointment has been confirmed following the appointment confirmation criteria bellow.
Appointment has been scheduled within the customer availabilities indicated in the portal
Project fits the service category requested by Customer.
Homeowner welcome the contractor at the time of the appointment

Appointment Confirmation Recording:

Contractor-Lead’s team will provide a recording of the confirmation with the customer. In order for the confirmation to be valid, it should includes:

Confirmation of the address
Confirmation that person is the homeowner and not a renter
Description of the project
The availability for the estimate appointment
Confirmation that all decision makers will be attending
Confirmation that homeowners have at least 1h for the estimate
Confirmation that the contractor has a 1h time arrival window
Confirmation that the homeowner don’t expect the project to be FREE even if Estimate is FREE and without commitment

Refund Request process:

The customer can issue a refund request only in case of No-Show or cancellation. Contractor-Lead will then process with the same 3-day follow-up process to try to reschedule the appointment.

Refund requests for the following reasons will be denied:

– Contractor-Lead’s team rescheduled the appointment providing an appointment confirmation recording.

– Received lead from another source: we do not have any control over the other lead sources that you are using. We cannot refund a valid appointment for those reasons.

– Project under minimum budget: contractors should not mention any specific project estimates over the phone as an early estimate may scare a homeowner. The estimate needs to be in person as the scope of work may be misunderstood or the homeowner may be looking for a different type of offer such as a small monthly payment with no down payment. The only valid reason to refund this type of request would be if the homeowner thinks that the project is for free.

Limitation of Liability

Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from the use or inability to use the services provided under this Agreement. In no event shall Company‘s total liability to Customer for all claims exceed the amount paid by Customer to Company in the twelve (12) months preceding the event giving rise to the liability.

Indemnification

Customer agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) Customer‘s use of the services; (b) Customer‘s breach or alleged breach of this Agreement; or (c) any violation of any laws, rules, or regulations by Customer.

Dispute Resolution

Any disputes arising from the use of our service will be resolved in accordance with the processes set forth in this agreement. By activating their account, the customer agrees to engage in these dispute resolution methods.

Customer Performance

Contractor-Lead will monitor customer performance daily and provide tips and feedback to improve such performance. Contractor-Lead reserves the right to adapt its lead attribution priority and pricing model depending on the contractor’s confirmation and refund request ratio.

All changes will be made according to the following guideline and pricing model:

Confirmation	Refund Request	Pricing Model	Pricing
<10%	>95%	Pay-per-Seat:	450$/Seat
<10%	>95%	Pay-per-request	110$/Request
10-20%	50-80%	Pay per Confirmed APT + min fee	300$/APT + 50$/R. request
20-50%	50-80%	Pay per Confirmed APT	300$/APT
+50	<50%	Pay per Confirmed APT	200-250$/APT

Weekly Appointment Target:

Contractor-Lead allows its customers to fulfill their weekly appointment target. This target allows us to better serve our customers in the dispatching of the homeowners requests. It is important to highlight that the weekly appointment target doesn’t act as a weekly appointment limit. Passed the weekly target, the priority is decreased but it would not prevent the contractor from potentially receiving new requests. The weekly target only act in lowering the visibility of the contractor on new homeowner request.

Putting account on hold:

In order to stop appearing in new homeowner requests, Customers can turn off all services listed in the portal service tab. This will unlist their company from all new potential homeowner requests. It is important to highlight that customers may still receive new appointments within 2-7 days after turning off their account. This delay is caused by the way Contractor-lead’s internal team schedules homeowner appointments. Once a request is received without an online scheduled appointment, Contractor-lead’s team is following up with the homeowner for up to 7 days during which it can schedule the estimate.

Starting or Restarting your account:

In order to start or restart an account, the customer need to make sure that all the following criterias are met:

The service area is accurate an at least one zipcode is listed
The service tab list at lead one service from which the customer is requesting appointments from
The customer has its availability updated.
The customer has a credit card registered

Once all those criteria are met, the customer’s company would automatically appear in new homeowner requests. From their the customer could immediately receive online scheduled estimate and should expect the estimate scheduled by Contractor-Lead’s team to ram up during 2-7 days as its lead pipeline starts to build up.

Contractor prioritization:

Contractor-Lead is only listing up to three contractors for a specific Zipcode. In order to do so, we are prioritizing our customers based on their weekly appointment target and their quality score.

The contractor quality score is a ranking out of 100 which is automatically calculated by the system based on:

The contractor confirmation %, refund request %, Sale % and refund denied %
The contractor average weekly appointment received and requested
The contractor average appointment cost
The pricing model selected
The contractor account history

Account Termination

If a contractor’s confirmation rate falls below 10%, the Company reserves the right to adjust the pricing model for previously provided appointment requests. In such cases, appointment requests will be billed at a discounted rate of $60 per appointment request, compared to the standard rate of $99.

Appointment Requests will continue to be provided under this adjusted pricing model until the contractor’s remaining credit is fully utilized. Once the credit is exhausted, the account will be closed.

Example:
A contractor receives 100 appointment requests but confirms only 5, with the Company approving refund requests for the remaining 95. If the agreement between the contractor and the Company is terminated by either party, the Company may recalculate the contractor’s credit balance using the discounted rate of $60 per appointment request.

In this scenario:

100 appointment requests × $60 = $6,000 (adjusted invoiced amount).
This adjusted amount replaces the previous calculation based solely on confirmed appointments (e.g., 5 confirmed × standard rate).

Outcome Scenarios:

Contractor’s Total Spent is Less than the Adjusted Invoiced Amount
The account will be closed immediately.
Contractor’s Total Spent Exceeds the Adjusted Invoiced Amount
The Company will provide additional appointment requests at the discounted rate of $60 per request until the adjusted invoiced amount is met or exceeded by the contractor’s total spend.

Termination

This agreement will automatically terminate upon the customer deactivating their account on our platform. The customer must provide notification to the Company within 7 days of deactivation if they wish to terminate the agreement. The Company will retain the right to process any pending transactions during this period.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the term of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Dallas, Texas, and Customer consents to the personal jurisdiction of such courts.

Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, representations, and communications, whether written or oral. Any amendments or modifications to this Agreement must be in writing and signed by both parties.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect.

Assignment

Customer may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Company. Company may assign this Agreement in its entirety, without Customer‘s consent, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

Acknowledgment and Acceptance: By activating their account or using our service, the customer acknowledges that they have read, understood, and agree to be bound by this agreement.