1. Introduction To Workorder
Welcome to workorder.ai, an online platform owned and operated by Workorder, Inc., where the mission is to help build the world through the fastest and most accurate construction pricing available. Workorder provides an online platform that customers — hereinafter “Customers” who are seeking to store, measure, or estimate a construction project may use to obtain information about their project (collectively, the services of Workorder the “Service”).
The Site and Service constitute an online platform through which registered Customers may submit construction documents and receive relevant information from those documents. You understand and agree that that Workorder is not a party to any agreements entered into by Customers for construction work, nor is Workorder a construction contracting company, agent or insurer. Workorder has no control over the conduct of Customers and other users of the site or Service, and disclaims all liability in this regard to the maximum extent permitted by law. All such Registered Customers hereinafter “Users”.
2. Acceptance Of Terms
Workorder.ai — hereinafter “Website” or “Site” and the referral and payment services — hereinafter “Services” made available by Workorder, Inc. — hereinafter “Workorder,” are provided under the terms, conditions and notices described in these terms and conditions (hereinafter the “Terms and Conditions.”
Workorder reserves the right to amend the Terms at any time. The revised version of these Terms shall become effective upon submitting on the Website. Your continued use of our Site or the Service following the submitting of changes to these Terms will constitute your acceptance of any and all submitted changes. Workorder may change, move or delete portions of the Website and Service from time to time.
3. Eligibility to Use the Service
You must be at least eighteen — 18 years of age to register and by registering you are certifying that you are legally qualified to enter into contracts under applicable law.
4. Workorder Registration
During registration, Workorder will ask you to setup your username and password in order to gain access to the Service as a Customer
A Customer is any person who owns his or her home, or tenants or occupants of a property that warrant that they have the right to engage in the service outlined in these Terms and Conditions. Customers may:
Create an account
Create a profile
Submit construction documents
5. Information You Provide to Workorder
Upon registering for an account on the Website and using the Services, you will be prompted to disclose certain information about yourself. By providing information to Workorder, or by submitting construction documents, you are expressly authorizing Workorder to make the details of your project viewable to parties required to complete the Service. If and when you decide to pay for premium features or services, you may authorize Workorder to send the selected Estimator further identifying information about you such as your name, address, phone number, email address and the physical address of the project.
If you provide any false or misleading information, incomplete or inaccurate information or Workorder has reasonable grounds to suspect that the information you provided fits the descriptions just listed Workorder reserves the right to shut down your account and prevent you from current and future use of any services provided by Workorder, including this Website.
You agree that any and all content submitted on the Website, including but not limited to Customer and Estimator accounts, Service submits, pictures, ratings and reviews, is the sole and exclusive property of Workorder or the party submitting such content. You grant to Workorder an irrevocable license to copy, modify, and display any such content provided by you. You understand and agree that a violation of the foregoing could result in significant damages, and you agree that you will be held liable to Workorder for any such damages, and will indemnify Workorder in the event of any third party claims against Workorder based on or arising from your violations of the foregoing. If we determine or suspect that you are misusing or attempting to circumvent the Workorder Services, or are attempting to use them for any unlawful, inappropriate, non-personal, or commercial purpose, Workorder reserves the right, in its sole discretion, to immediately shut down your account without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, legal fees, costs and expenses.
You assign to Workorder any rights to the feedback, comments, correspondence or any other communications between you and Workorder.
6. Membership, Fees & Payments
6.1.Membership.Workorder provides FREE REGISTRATION AND MEMBERSHIP to all eligible Customers who otherwise meet the requirements of the Terms and seek to use the Service.
Workorder charges Service Fees dependent on the type of Service being rendered. Workorder holds the right to modify such Fees at any time, as Customers may use the Service on an as-needed basis.
7. Billing & Payment Options
Once the Customer accepts a Service option, the payment method selected during account registration, is how payments are made for the Service. As a Customer, you are responsible for the terms of your contract for the Service and the payments required.
8. Billing and Payment Terms
8.1. Users of the Service are required to provide their credit card or bank account details to Workorder and the Payment Service Provider (hereinafter the “Provider”) retained by Workorder.
8.2. Customers are responsible for paying the invoice for their scheduled Services as specified in the Contract terms. Any expenses not included in the original contract that Customers become responsible for shall be specified in a separate contract.
8.3. Customer hereby authorizes Workorder to provide Customer's payment details to the Provider for processing of their Service payment within 24 hours after Customer receives confirmation through the Service or via email that their Service has been completed. You may be charged a cancellation fee through the Provider if you accept a proposal but cancel your Service before it is completed, as set forth in these Terms of Service.
8.4. All payments for your Services and fees must be paid through the Service. To ensure and maintain the integrity of the Services, you agree to notify Workorder immediately if a Estimator solicits additional payments from you outside the Website or a User seeks to pay additional amounts outside the Website. Such notifications shall be submitted via a confidential report to Workorder by sending an email to email@example.com
9. Taxes & Reporting
Each User is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of services. User agrees to indemnify Workorder for any such taxes User fails to pay.
10. MISCELLANEOUS SERVICE TERMS
10.1. Authorized Payments are final. Your use of the Service constitutes your agreement to pay for any fees that are due under the contract terms for your Service and you authorize Workorder to charge against your credit card or bank account. Such payments, once authorized, are final.
10.2. Erroneous or Duplicate Transactions & Chargebacks
Workorder reserves the right to seek reimbursement from you, and you will reimburse Workorder, if Workorder discovers erroneous or duplicate transactions, or Workorder receives a chargeback from any User’s credit card company or bank for any reason. You agree that Workorder has the right to obtain such reimbursement by deducting amounts from future payments (if you are a Estimator using the service), charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of chargebacks is cause for termination of your account.
10.3. Refunds or Cancellations
Workorder may, at its sole discretion, issue a refund of an authorized payment made to Workorder. Each User releases Workorder from any liability with respect to refunds.
Customers may cancel their scheduled Service up to twenty four hours prior to the start time of their Service, without penalty, by emailing customer support at least twenty four hours prior to the start time of their scheduled Service. Notification must be submitted to:firstname.lastname@example.org
Customers may reschedule their scheduled Service up to twenty four hours prior to the start time of their scheduled Service, via customer support email submitted to:email@example.com
Failure to reschedule or cancel within the times set forth in these Terms will result in a $100 fee charged to the User rescheduling or cancelling a Service.
10.4. Agreement to Pay
If, for any reason, Workorder cannot receive payment for any amounts that you have authorized to be paid through your use of the Service, you agree to pay such amount immediately upon demand by Workorder through alternative payment methods. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Workorder in collecting from you the authorized but unpaid amount. Violation of the Terms can result in suspension or removal of your registration, in addition to other remedies available at law.
10.5. Inactive Accounts
If your Account has had no activity for at least eighteen (18) consecutive months, your Account may be placed on “Inactive” status. In such case, Workorder will notify you that your Account is Inactive by sending an email to your registered email address and give you the option of keeping your Account open. If, within thirty (30) days of such notice, your account has no activity, Workorder reserves the right to terminate your account.
11. Registration and Account Security
In order to preserve the trust and security of the services offered by Workorder all Users agree to provide their real names and accurate information required in connection with the registration process. Additionally, Users agree to the following rules:
You shall not register on Workorder unless you are at least 18 years of age.
You shall not create an account for anyone other than yourself unless previous permission is obtained.
You shall not provide false information about yourself, your company, organization, or any User you interact with through Workorder.
You shall not create more than one profile unless Workorder grants permission.
You shall not use Workorder if you are a convicted sex-offender or have been convicted of a felony.
You shall not share your password, allow others to access your account or engage in any activity that may compromise the security of your account.
You shall not use your account for commercial gain outside of Workorder and shall not submit, link, copy, distribute, market, sell any documents or
information found on the Website or through Workorder for commercial gain.
You shall keep your profile information accurate and up to date.
11.1. Customer Accounts
If you are a Customer, you understand and agree that Workorder does not act as an insurer or as your contracting agent. If you submit your Service and hire a Estimator to paint your house through the Service, any agreement you enter into with such Estimator is between you and the Estimator and Workorder is not a party thereto. Notwithstanding the foregoing, Workorder payments Provider (currently Stripe) serves as the limited authorized payment collection agent of the Estimator for the purpose of accepting, on behalf of the Estimator, payments from Customers of such amounts stipulated by the Contract (including total contract price, gratuity, or other fees and/or taxes).
Workorder recommends that Customers maintain appropriate insurance for their property. Please review any insurance policy that you may have for your property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Estimators (and the individuals the Estimator invites to the property, if applicable) while at your property.
11.2. Submitting Construction Documents
To submit construction documents, Customers must register with the Service and provide their credit card, with which they agree to pay invoice once Service is completed.
Customers may submit documents on the Website to make such documents available to Workorder for pricing.
To submit construction documents,, Customers must select a minimum set of features, including but not limited to, the file including the construction documents, and an email address for the user. Workorder does not and cannot guarantee that the Service will work for all Users, as construction documents are not all the same. Results of Users may vary.
12. Content submitted by Workorder’s Users on the Website
You agree that you are solely responsible for the content that you submit on the Website and transmit to other Users. You agree to not submit on the Website or transmit to other Users any defamatory, offensive, abusive, profane or sexually explicit language or hate speech, racist or discriminatory speech, obscenities, harassment, or any form of speech considered counter to the spirit of the services offered by this Website. You agree to not make reference to illegal activities.
Additional content that is considered illegal or prohibited on the Website, includes, but is not limited to, content that:
Violates federal, state or local laws
Serves to promote non-personal, commercial activities such as advertising, contests and links to third party sites.
Involves any form of spam such as junk email and mass mailing.
Users know is false information such as false profiles, Service submits, bids, identity of
Infringes on or violates the rights of third parties, including, but not limited to trademark and copyrighted material.
Workorder reserves the right to review and remove in whole in or part any content, message, communication, photo, profile, statement, rating and review that violate these Terms and Conditions.
When you publish content or information during registration you agree to allow all Users of Workorder to access and use that information and to associate it with you (such as your name, your company name, uploaded pictures).
13. Call Recording & Customer Service
You acknowledge and agree that Workorder may monitor and/or record any telephone calls between you and Workorder. Workorder may provide customer service or assistance over the phone and if we determine that any communication violates these Terms & Conditions we reserve the right to terminate your membership immediately and take appropriate legal action if necessary. All solicitations using Workorder’s phone numbers accessible through the Website or any email addresses provided for direct customer service inquiries are prohibited.
14. Notice Specific to Documents & Information found on this Website
Permission to use Documents such as Estimator proposals, summary pages, press releases, datasheets and FAQ's) from this Service is granted, provided that 1 the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, 2)use of such Documents from this Service is for informational and non-commercial or personal use only and will not be copied or submitted on any network computer or broadcast in any media, and 3)no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Workorder does not and cannot guarantee, the accuracy, reliability, usefulness and completeness of such Documents and information. Workorder shall not be held liable for any resulting damages, loss or injury, resulting from your reliance on such information submited on the Website, found through Workorder or provided to you by other users of this Website.
15. Links to Third Party Sites
Workorder and its Users may provide and accept links to third party websites on the Internet. Workorder does not and cannot guarantee that third party links are safe, accurate and truthful. Workorder does not endorse any content nor shall be held liable for any information, advertising material or other claims made on third party sites accessed through these links that results in any direct or indirect damages, injuries or loss.
16. Workorder Copyright Policy — Trademarks & Logos)
All right, title and interest in and to all registered and unregistered trademarks, service marks and logos, trade secrets, proprietary information, and know-how;)registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Website or the Service are owned by Workorder or its licensors, and you agree to make no claim of interest in or ownership of any such intellectual property rights. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes other than your internal business purposes any of the Services (or portion thereof) without the prior express written consent of Workorder.
17. Disclaimer of Warranties
You acknowledge and agree that Workorder does not recommend, endorse or favor any particular User of this Website. Workorder makes no warranty or guarantee concerning performance of the Service or the outcome or quality of the services rendered, except as expressly stated in the “Workorder Guarantee.”
18. Dispute Resolution
Our goal is to provide you with an expedited and cost effective means of resolving any dispute, controversy or claim that may arise out of or relating to these Terms, or the use of Service, or the use of the Site — collectively, “Disputes”). You and Workorder agree to first attempt to negotiate any Dispute informally by first contacting us directly to seek a resolution via a written notice, with an email copy to firstname.lastname@example.org with the email you have provided to Workorder during registration. Workorder’s address for such written notice is 1509 16th Street NW, Washington, DC, 20036 Attention: Legal. Such informal negotiations will commence upon written notice. If after thirty days of receiving such written notice you and Workorder are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
18.1 Damages as a Result of Pricing Information
Each Customer agrees that no damages may be claimed for use of the Service. The Service is for informational purposes only, and Workorder makes no express claim as to the accuracy of its pricing. Users and Customers take full responsibility for their use of the information that Workorder provides.
18.2 Arbitration You understand and agree that by electing to arbitrate, you and Workorder are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Further, unless both you and Workorder otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association “ AAA ”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes — the “ AAA Rules ”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available athttp://www.adr.org/arb_medor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAAprovides a form Demand for Arbitration athttp://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175and a separate form for California residents athttp://adr.org/aaa/ShowPDF?doc=ADRSTG_004314 The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Workorder otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Workorder submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Workorder will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Workorder will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Workorder changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice — including by email to email@example.com)— within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Workorder’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Workorder in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
You agree to indemnify and hold harmless Workorder, its officers, employees, agents, affiliates, subsidiaries and other partners from any loss, liability, claim or demand, including attorney’s fees, made by any third party due to or arising out of your use of the Website or Services or your violation of these Terms or arising from your violation of any rights of a third party.
20. General Provisions
Except as expressly set forth in these Terms and Conditions, Workorder expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability, or fitness for a particular purpose, and you agree that Workorder shall have no liability for direct, indirect, special, incidental, consequential — including lost profit, exemplary or punitive damages — even if Workorder has been advised of the possibility of such damages), arising out of these Terms or any consequences which flow from it.
Workorder does not and cannot make any specific guarantees of results on this Website. Workorder shall not be held liable for any lost data resulting from the operation of this Website. Services offered by Estimators through the Website are provided to you on an “AS IS” basis unless otherwise specified in writing.
You are free to discontinue your use of the Workorder Services at any time and in accordance with the rules set forth in these Terms and Conditions.
If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of that provision. If modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Workorder to exercise or enforce any right or provision set forth in these Terms shall not constitute a waiver of such right or provision.
The laws of the State of California govern these Terms. You understand and agree that any claim arising out of or related to these Terms will be brought exclusively in a court in Los Angeles County, Los Angeles, CA. These Terms constitute the entire agreement between you and Workorder. Laws of the State of California govern these Terms. You understand and agree that any claim arising out of or related to these Terms will be brought exclusively in a court in Los Angeles County, Los Angeles, CA. These Terms constitute the entire agreement between you and Workorder.