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).
Pricing model:
Contractor-Lead proposes four different pricing models for its customers:
- Pay-per-request
- Pay-per-Appointment
- Pay-per-Seat
- Pay-per-Sale
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 & Pay-per-Seat Model
With the Pay-per-Appointment model, the Customer is charged the cost of the appointment at reception of the appointment request in their portal.
In the Pay-per-Seat model, the Customer is not charged at reception of the appointment request but when the appointment is confirmed.
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.
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. A minimum Service Fee is deducted from every refund request and therefore not credited back in the account.
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.
– If a Customer with less than 20% appointment confirmation is requesting a refund because the dispatch team wasn’t able to reach the homeowner for a request that has been confirmed by another Contractor. In this case, a 50% refund would be applied as we would consider that the Customer’s dispatch team is not performing in a competitive way and that Contractor-Lead should not be responsible of such inefficient processes or lack of team training.
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.
Pre-Confirmed Appointments
Contractor-Lead is able to provide Pre-Confirmed appointment in which an additional confirmation fee would be charged.
Pre-Confirmed Appointment Policy:
1. What is a Pre-Confirmed Appointment?
Contractor-Lead Dispatch team will schedule and confirm the appointment for the Customer. The Customer would only have to show up to the meeting. Our team will a short notification about the appointment in the Customer whatsapp group. Customer can then decide to receive the Pre-Confirmed appointment or not. Once you confirm your availability and the client confirms the same-day appointment, the lead becomes confirmed.
2. Cancellation Policy (Contractor-Side):
If you’re unable to attend a confirmed appointment, you must notify us. Based on the timing of your cancellation, the following applies:
• 24+ hours in advance: No charge
• Same day cancellation: 50% charge
• Less than 2 hours’ notice: Full charge, no refund
3. No-Show or Unavailable Client at Time of Appointment:
If you arrive at the scheduled time and the client does not open the door or respond:
• Notify us immediately so we can attempt to reach the client.
• If there’s still no response after 20 minutes, and we’ve been unable to make contact, you will receive a full refund for the lead.
4. Our Responsibility (Dispatch Team):
We are committed to receiving a verbal or text confirmation from the homeowner on the day of the appointment, and to notifying you at least 2 hours in advance if a confirmed appointment is canceled or rescheduled.
Appointment Confirmation Recording:
Contractor-Lead’s team will provide a recording of the confirmation with the customer. This confirmation recording 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
Additional Bonus & Commissions:
The Customer and Contractor-Lead may agree to set up additional Bonus or Commission to reward Contractor-Lead. Such bonus and commissions can includes:
Confirmation Bonus: Fee charged by Contractor-Lead when appointment get Confirmed
Sales Bonus: Fee charged by Contractor-Lead when appointment get Sold
Sales Commission: % of the sales amount charged by Contractor-Lead on the appointment sold by the Customer.
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.
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 Performance and Prioritization:
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 appointment sent to the Customer depending on the Customer’s confirmation and refund request ratio.
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.
