eRenovate Guarantee Terms and Conditions
DEFINITIONSIn addition to terms defined within the text of these Guarantee Terms, the following capitalized terms shall have the following meanings: “Limit” means Twenty-Five Thousand Canadian Dollars (CDN $25,000) on the date of payment by eRenovate under these Guarantee Terms for Deposit Protection Payment or Workmanship Guarantee payments under any single Member/Pro Contract (as defined herein). “On-platform messaging”refers to communication directly between the Member and Verified Pro using the eRenovate Platform via the messages tool. “Off-platform communications”refers to communication directly between the Member and Verified Pro outside of the eRenovate Platform messages tool. “Project Completion” completion of the work or services provided under the Member/Pro Contract, as indicated and agreed by both Member and Verified Pro on the eRenovate Platform. For greater certainty if the date of Project Completion is not indicated on the eRenovate Platform the date of Project Completion shall be determined by eRenovate, its claims administrator or its insurance partners with regard to the circumstances of the project. “Reimbursement Amount” means the Repair/Replacement Value up to the Limit of any workmanship issues arising directly and primarily related to the project undertaken on the eRenovate Platform as calculated by eRenovate in its sole discretion acting reasonably. “Repair/Replacement Value” means the lesser of the amounts it would cost to fix or replace faulty workmanship performed by a Verified Pro under a Member/Pro Contract, and less any amount already paid or payable by any insurance policies available to the Member or Verified Pro. “Territory” means the country of Canada, excluding Yukon, NorthWest Territories and Province of Quebec .
THE ERENOVATE GUARANTEESubject to the limitations, exclusions and conditions of the Guarantee Terms, eRenovate agrees to reimburse (up to the Limit)a registered eRenovate member user (a “Member”) when a verified by eRenovate™ business (a “Verified Pro”) fails to fix, repair or replace workmanship issues arising within eighty-eight days of Project Completion (as defined here) directly and primarily related to the project undertaken on the eRenovate Platform (the “Workmanship Guarantee”), or reimburse deposit monies paid to a Verified Pro, for the purpose of starting a project in which the project was never completed in whole or in part (the “Deposit Payment Protection” and with the Workmanship Guarantee, the “eRenovate Guarantees”). Subject to any other provision herein, the eRenovate Guarantees include the following terms, conditions and restrictions:
- The Deposit Payment Protection and Workmanship Guarantee are subject to the Limit, and apply only to Members who use the eRenovate guarantee platform process (the “eRenovate Platform”) to hire a Verified Pro. Deposit payments exceeding the Limit on any single project will not be covered by the Deposit Payment Protection, and eRenovate will accept reimbursement requests only from Members who entered into a written contract directly with a Verified Pro using the eRenovate guarantee platform process (the “Member/Pro Contract”). Such Member/Pro-Contracts must be uploaded to the eRenovate Platform. eRenovate is not responsible for the content of any Member/Pro-Contract nor does eRenovate make any representations as to the terms or conditions contained in such agreements. ERENOVATE DOES NOT REVIEW OR PROVIDE ADVICE THE CONTENT OF ANY MEMBER/PRO-CONTRACTS ON BEHALF OF ANY MEMBER OR VERIFIED PRO. EACH MEMBER AND VERIFIED PRO IS RESPONSIBLE FOR ENSURING THEIR MEMBER/PRO CONTRACT COMPLIES WITH THESE GUARANTEE TERMS
- The eRenovate Workmanship Guarantee covers faulty workmanship issues related specifically and primarily to the work, outlined in the Verified Pro’s quote as uploaded eRenovate Platform process. The work performed by the under the Member/Pro Contract must be performed by the Verified Pro or another person for whom the Verified Pro is responsible for, including subcontractor of the Verified Pro.
- To be eligible for the Workmanship Guarantee and/or Deposit Payment Protection, the Member must have hired the Verified Pro using the Hire With Guarantee request (button) on the eRenovate Platform to start the eRenovate guarantee process, demonstrating that the Member agreed to hire and contract directly with the Verified Pro.
- Members and Verified Pros must use the eRenovate Platform messaging for all communications and to upload the Member/Pro Contract and any other related documents, as determined in eRenovate’s sole discretion, that the indicate that the Member as agreed to hire the Verified Pro for the project, including, but not limited to, quotes, project scope and/or project milestones and timelines. The Member and Verified Pro acknowledge that off-platform communications between a Member and Verified Pro, may impact the availability of the Workmanship Guarantee and/or Deposit Guarantee.
- Both the Member and Verified Pro must ensure that they upload a copy of any other project quote(s), contract(s), project related invoices, change orders, proof of payment(s) or other project documents created in relation to the Member Pro/Contract. eRenovate, in its sole discretion, may reasonably request any additional documentation from the Member or Verified Pro for the purposes of the Workmanship Guarantee and/or Deposit Payment Protection.
- The Member and Verified Pro must sign a Member/Pro Contract no later than 30 days’ after the Member submitting an initial project request or clicked the “Hire With Guarantee” button to hire a Verified Pro for services and prior to work actually starting on the Project.
- Deposit Payment Protection and/or the Workmanship Guarantee losses must be incurred as a direct result of a project requested on eRenovate Platform.Neither the Deposit Payment Protection nor the Workmanship Guarantee cover any property damage directly and primarily caused by the negligence of a Verified Pro while performing the work requested by the Member on the eRenovate Platform.
- In our experience, a majority of issues are resolved in a cordial, and friendly outcome, and as always, eRenovate is available to help.Before the either the Deposit Payment Protection or Workmanship Guarantee can be applied, eRenovate will use commercially reasonable efforts to help Members resolve problems with Verified Pros. In all project cases, eRenovate initially requires Members to commit to good faith efforts to resolve any deposit payment or workmanship issues directly with the Verified Pro.
- Before a member is eligible for a payment under either the Deposit Payment Protection or the Workmanship Guarantee, the Member and Verified Pro must first attempt to resolve any dispute in good faith; eRenovate and/or its insurance partners may, in their sole discretion acting in good faith, determine the Member is eligible pursuant to these Guarantee Terms to such payment; and eRenovate must have received proceeds from its insurance partners related to the payment of either the Deposit Protection or Workmanship Guarantee before any payment is required to be made to a Member.
- eRenovate is not liable for a claim for both the deposit Payment Protection and the Workmanship Guarantee relating to a single Member/Pro Contract.
TERMS OF THE ERENOVATE GUARANTEETHE ERENOVATE GUARANTEE IS NOT AN INSURANCE OF ANY TYPE. NO MEMBER, VERIFIED PRO, WEBSITE USER OR OTHER THIRD PARTY IS AN INSURED OR OTHER THIRD PARTY BENEFICIARY UNDER THESE TERMS OR ANY ERENOVATE INSURANCE POLICY. TO POSSESS ANY PROTECTION BEYOND THE SCOPE OF THE ERENOVATE GUARANTEES, IT IS THE RESPONSIBILITY OF ALL PARTIES TO PURCHASE INSURANCE THAT WILL PROVIDE SUFFICIENT COVERAGE FOR THE PURPOSES OF THEIR PROJECT MEMBERS AND VERIFIED PROS MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS OF THE GUARANTEE TERMS TO BE ELIGIBLE TO RECEIVE ANY PAYMENTS. FAILURE TO FULLY COMPLY MAY RESULT IN UNCOVERED LOSSES. NO MEMBER, VERIFIED PRO, OR OTHER PERSON, OTHER THAN THE MEMBER WHO MEETS THE CONDITIONS OF THESE GUARANTEE TERMS WITH RESPECT TO A CORRESPONDING LOSS, HAS ANY RIGHTS UNDER THESE GUARANTEE TERMS OR ANY OTHER MATERIALS OR REPRESENTATIONS REGARDING THE ERENOVATE GUARANTEES. THERE ARE NO THIRD PARTY BENEFICIARIES TO THESE GUARANTEE TERMS OR ANY OTHER MATERIALS OR REPRESENTATIONS REGARDING THE ERENOVATE GUARANTEES.
ADDITIONAL LIMITATIONS AND EXCLUSIONSSubject to the Limit and these Guarantee Terms, the eRenovate Guarantees are applicable only to workmanship issues arising directly and primarily related to the project undertaken on the eRenovate Platform and reimburse of deposit monies paid to a Verified Pro, for the purpose of starting a project in which no work or services are performed, and does not pay for other losses, including, but not limited to, those arising from or in any way related to any of the following (collectively, “Excluded Losses”); Excluded Losses are:
- work undertaken outside the scope of the work specifically provided by the Member as per the details outlined in all documents provided and uploaded to the eRenovate Platform at the time of the Member/Pro Contract acceptance;
- losses that are a normal, usual, or natural part of the work undertaken;
- acts of nature, including, but not limited to, earthquakes and weather-related events, unless the Verified Pro's workmanship was the sole and immediate cause of the vulnerability responsible for a weather-related loss to property and the Member did not fail to take reasonable steps to remediate the vulnerability prior to the weather-related loss to property;
- losses not directly caused by the hiring of a Verified Pro, including but not limited to consequential damages, special damages, interruption of business, opportunity costs, loss of market, loss of use, and losses or damages associated with the unauthorized acquisition of or access to electronic data;
- losses or damages related to sentimental items such as family heirlooms or photographs;
- losses, damages, or deterioration arising from any delay on the part of the Member or Verified Pro;
- theft or other intentional acts, and mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory;
- enforcement of any law or ordinance;
- animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals;
- identity theft or identity fraud;
- losses, damages, costs or expenses of whatsoever nature, directly or indirectly, caused or partially caused by war or terrorism;
- lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors:
the following conditions:
- previous faulty workmanship, material, construction or design from any cause;
- deterioration, depletion, rust, corrosion or erosion, inherent vice, or latent defect;
- ordinary wear and tear;
- damage caused by insects, animals, or vermin (including pets);
- losses, damages, costs, or expenses of whatsoever nature directly or indirectly arising out of or relating to mold, mildew, fungus, spores, or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (a) any physical loss or damage to property; (b) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (c) any loss of use, occupancy, or functionality; or (d) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
- losses, damages, costs, or expenses of any nature directly or indirectly arising out of the consumption, serving or furnishing of alcohol or other controlled substances, even if foreseeable.
- losses, damages, costs, or expenses of any nature directly or indirectly arising out of the operation or use of an automobile, including loading and unloading.
- losses, damages, costs or expenses of any nature that are incurred or reported more than 88 days’ after Project Completion.
CONDITIONS FOR MEMBERS AND VERIFIED PROFESSIONALSIN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT UNDER THESE GUARANTEE TERMS, MEMBERS AND VERIFIED PROS MUST FULLY COMPLY WITH EACH OF THE FOLLOWING CONDITIONS. FAILURE TO FULLY COMPLY MAY PREVENT RECOVERY OF ANY UNDER THE ERENOVATE GUARANTEESIN ERENOVATE’S SOLE DISCRETION. IN ALL CASES, THE BURDEN OF PROOF WILL BE UPON MEMBERS AND VERIFIED PROS TO DEMONSTRATE THAT THEY HAVE COMPLIED WITH THE FOLLOWING CONDITIONS AND RESPONDED TO REQUESTS FROM ERENOVATE IN A TIMELY AND GOOD-FAITH MANNER, AND THE ERENOVATE MEMBER MUST:
- make sure the Member/Pro Contractors signed and demonstrates that the Verified Pro was hired no later than 30 days after the Member submits their request for Verified Pro services and prior to work actually commencing;
- a Verified Pro must execute certain documents as required by eRenovates’ insurance partners, including eRenovate bond documentation and an indemnity agreement. The Verified Pro acknowledges that these documents are subject to change on reasonable notice to the Verified Pro and additional documents may need to be signed at the request of eRenovate or its insurance partners;
the Member and Verified Pro must ensure that the Member/Pro Contract contains the following provisions and must outline the following in reasonable detail:
- the services to be provided by the Verified Pro and the schedule for completion of the services;
- a formal payment schedule between the Member and the Verified Pro
- the amount of any deposit paid prior to performance of any services (if applicable) and that the deposit is required to be refunded by the Verified Pro in the event that work for which the Member has contracted for has not be completed and will not be completed in accordance with the Member/Pro Contract; and
- a provision stating that the Verified Pro is to provide an eighty-eight (88) day maintenance and workmanship period to the Member for the services performed.
- use reasonable efforts to comply with eRenovate’s guidelines in connection with the work performed by a Verified Pro;
- determine whether there are any physical losses or damages to any property and contact eRenovate Customer Support no later than 14 days after becoming aware of or receiving actual or constructive notice that the losses or damages have occurred or have been incurred, and in no case later than six months after the Member Pro Contract demonstrates that the Verified Pro was hired;
- timely and in good-faith participate in mediation or resolution processes with the Verified Pro, as directed by eRenovate in its sole discretion;
- for any property that is damaged or destroyed due to a violation of law or criminal act or misdemeanor, file a police report listing such property;
- provide to eRenovate proof of value, cost, damage, and/or ownership of property in the form of receipts, photographs, videos, documents, or other forms in eRenovate’s sole discretion no later than 60 days after first contact with eRenovate Customer Support, unless eRenovate provides a written extension of such deadline;
- obtain payment from any applicable insurance policy or policies and provide proof of such payment to eRenovate; seek and fail to obtain payment from any applicable insurance policy or policies and provide proof of such failure; or certify that no insurance policy applies;
submit a signed and sworn proof of loss to eRenovate no later than 60 days after your initial notification of eRenovate Customer Support of the loss or claim, unless eRenovate provides a written extension of such deadline, which may include:
- the time, cause, and origin of the property, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof;
- the ownership, leasehold, or other interest in the property for which loss is claimed;
- the Repair/Replacement/Value of each item of property, subject in each case to independent verification by eRenovate at eRenovate’s request and sole direction
- if requested, provide the original purchase price of such property, the date such property was acquired, the condition of such property;
- protect and preserve any damaged property from further loss or damages;
- at such reasonable times and places that may be designated by eRenovate or a claims administrator, produce for examination and inspection all evidence of loss. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by eRenovate or its claims administrator to determine or warrant that damaged covered property is safe or healthful. eRenovate will have no liability to eRenovate Members or any other person because of any inspection or failure to inspect;
DISPOSITION OF ERENOVATE GUARANTEE PAYMENT REQUEST FORMSeRenovate will complete its processing of any eRenovate Guarantees payment request form (the “Guarantee Payment Request Form”) within a reasonable period following the date the Member has complied with all conditions herein. In any event, eRenovate will use commercially reasonable efforts to complete processing of any Guarantee Payment Request Form within one month after our receipt of all necessary documents and supporting information. eRenovate may use third-party service providers, including a claims administrator, to assist in the processing of the Guarantee Payment Request Forms, and in the investigation and adjustment of payment requests relating thereto. If a claim is approved, then as a condition to payment, Members agree to the following:
- to assign to eRenovate or its designee any rights and remedies the Member may have to recover from any Verified Pro that is the subject of the Guarantee Payment Request Form the amount paid to the Member or directly to another person in eRenovate’s sole discretion;
- to reasonably cooperate with eRenovate, its claims administrator or insurance partners, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if eRenovate seeks to recover the amount paid from any third party;
- to release and hold harmless eRenovate, its claims administrator, insurance partners and all officers, directors, employees, contractors and agents of eRenovate from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Guarantee Payment Request Form;
- to hold in confidence the facts and circumstances surrounding the request, payment under the eRenovate Guarantees, and any discussions with eRenovate regarding the facts and circumstances surrounding the request, payment under the eRenovate Guarantee, and application of the eRenovate Guarantee; and
- to immediately refund to us any amounts that are erroneously paid, with such determination to be made in eRenovate’s sole discretion.
APPROVED PAYMENT REQUESTIf a proper request is approved in whole or in part for the eRenovate Guarantees as determined by eRenovate or its insurance partners (an “Approved Payment Request”),the Member will be paid the Reimbursement Amount as calculated by eRenovate or its claims administrator in their sole discretion upon receipt by eRenovate of necessary funds from its insurance partners.
ACKNOWLEDGMENTS AND AGREEMENTSBoth Members and Verified Prosacknowledge and agree that:
- the eRenovate Guaranteesare a guarantee of obligations of a Verified Pro and is dependent upon the Members timely and in good-faith participation in mediation or resolution processes with the Verified Pro, as directed by eRenovate in its sole discretion;
- eRenovate provides Members with the eRenovate Guarantees described herein solely for the purpose of building customer loyalty and strengthening customer confidence as to use of the Platform;
- these Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by the Members, Verified Pros or any other party. Furthermore, these Guarantee Terms are not an insurance service agreement;
- the benefits provided under these Guarantee Terms are solely as set forth herein and supersede any verbal or written description of the eRenovate Guarantees provided by eRenovate in any other way and such benefits are not assignable or transferable by Members or any other party, including without limitation any transfer or assignment by operation of law or in connection with divorce or death;
- notwithstanding any Member’s delivery of all information and materials required to be provided to eRenovate in order to comply with Guarantee Terms eRenovate and/or its claims administrator reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Guarantee Payment Request Form filed with eRenovate, including a review of the background of any person involved in the request;
- eRenovate reserves the right, at any time, to offset or deduct from the amounts payable or paid by eRenovate under these Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate for losses or damages; and
- because these Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the any property in question or the risk associated with that property changes materially, eRenovate will be entitled to exoneration with respect to any potential guaranty obligation under these Guarantee Terms.