Terms & Conditions Users – Trusted Local Painters

TERMS AND CONDITIONS

1. Contractual relationship and services:

1. 1. Trusted Local Painters:

Endy Homes is a technology platform (hereinafter referred to as the “Endy Homes Platform”) intended to allow natural persons and legal entities to express interest in Professional Services in the field of household (hereinafter referred to as the “Professional Services”) provided by independent providers of such services under a contract with Endy Homes. You acknowledge that Endy Homes does not provide Professional Services or any other craft services or household services and all such services are provided by independent suppliers who are not employees of Endy Homes.

By accessing and using the services, you express your consent to these Terms and Conditions and enter into an agreement on use of the Endy Homes Services (hereinafter referred to as the “Agreement”) establishing a contractual relationship between you and Endy Homes. If you disagree with these Terms and Conditions, you are not allowed to use the services. These Terms and Conditions expressly supersede any prior contracts or arrangements with you. Endy Homes may terminate the validity of these Terms and Conditions or any services provided by you immediately or discontinue the services or refuse access to the services or any part thereof at any time and for any reason.

Endy Homes may change the Terms and Conditions and other documents forming an integral part of the Agreement at its sole discretion, including, but not limited to, changes in applicable laws, services and contracts with its suppliers. Changes will be notified to you by email or by notification in the administration of the Endy Homes platform. All changes shall take effect on the date specified, which shall be at least 30 days from the date of notification of the changes, and shall apply to all subsequent use of the Endy Homes services. If you do not agree to the change, you may terminate the Agreement effective upon the expiration of a 1-month notice period commencing on the first day of the calendar month following the delivery of the written notice, which notice must be delivered to info@trustedlocalpainters.com. Prior to the effective date of the change. In the event of notice under this paragraph, the Terms and Conditions currently in force shall apply for the duration of the notice period. Your continued use of the Endy Homes services after the expiry of the effective period shall mean that you accept and agree to the changes.

1. 2. Service User (hereinafter referred to as “you” or the “User”):

Service User means a natural person or a legal entity who has expressed interest in contracting Professional Services from Professional.
If you are a natural person, by using the Endy Homes Platform, you declare that you are 18 years old or older or you have been subject to circumstances that gave you legal capacity and therefore you are a person with full legal capacity.

If you are acting on behalf of a legal entity, by using the Endy Homes Platform you declare that you are authorized to enter into this Agreement on behalf of the legal entity whose details (including but not limited to the company name and identification number) you, as a representative of the legal entity, provided to Endy Homes while expressing interest in ordering Professional Services.

Knowingly providing false information, including but not limited to your name, address, phone number or e-mail address, is a serious and fraudulent conduct that may cause considerable damage and breach of personal data protection for Endy Homes, independent providers of Professional Services and other third parties, including time demands, efforts required for and costs of the processing of such a request and potential fines. If you knowingly provide false, random or otherwise fictitious information to Endy Homes when expressing your interest in ordering Professional Services, you will expose yourself to the risk of being fined by Endy Homes up to CAD $1,500 per each such false information knowingly provided.

1. 3. Professional:

Professional means an independent provider of services operating as a legal entity or a natural person, who wishes to enter into a Contract for Work with a Service User regarding the provision of Professional Services.

You acknowledge that the Professionals are independent service providers and are not employed by Endy Homes. No employment relationship exists between the Professional and Endy Homes.

1. 4. Contract for Work:

Contract for Work means a contract entered into between a Service User and a Professional which sets out the Professional’s obligation to provide Professional Services to the Service User to the agreed extent and at the agreed price.

1. 5. Service Location:

This is the location specified by the Service User when expressing their interest in purchasing Professional Services in their Professional Service Inquiry.

1. 6. Communication between the Parties

The Parties shall communicate using the contact details listed in the Professional Service Inquiry by the Service User and on Endy Homes’s website by Endy Homes.

1. 7. Trusted Local Pro Services

The services provided by Endy Homes include, but are not limited to, the provision of the Endy Homes Technology Platform, customer support, and communication between the Professional and the User of the Professional Service.

2. Posting an inquiry for a Professional

2. 1. An inquiry

An inquiry for a Professional posted online at www.endyhomes.com or at another redirected or otherwise modified address (hereinafter referred to as the “Inquiry”) includes but is not limited to:

specifications of the area of service provision in which the Service User is interested
information on whether the Professional should buy the materials (e.g. building material) or whether the User will prepare the materials at their own expense
Possibly other relevant information related to the provision of Professional Services
Price offered by the Service User to the Professional for the performance of the Professional Services
First and last name of the Service User
Phone number of the Service User
E-mail address of the Service User
Date when the Service User wishes to have the Professional Services provided by the Professional
Address of the Service Location

3. Scope of the Professional Services

1. The exact specifications of the Professional’s Services inquired by the Service User are provided in the Professional Service Inquiry.

2. The Professional Services shall be provided at the Service Location specified in the Professional Service Inquiry.

3. The Service User and the Professional shall approve the final scope of work and price at the Service Location before the start of the Professional Service in writing with the signatures of both Parties (hereinafter referred to as the “Purchase Order”).

4. Price

1. Once you have received the Professional Services from the Professional, Endy Homes will mediate the payment of the relevant fees on behalf of the Professional as a representative for the collection of payment with a limited scope of the Professional’s powers. The fees paid by you are final and non-refundable unless Trusted Local Pro stipulates otherwise.

2. After the User enters the input details at endyhomes.com, Endy Homes will show the recommended price, which corresponds to the entered input details in Endy Homes’s understanding and at which, in Endy Homes’s understanding, the Service User may be matched with a Professional. The figure is only a price recommended and estimated based on the information submitted by the Service User. The final price is determined solely by agreement between the Professional and the Service User at the Service Location before the Professional begins with the Professional Services. Endy Homes does not determine the final price and does not influence it in any way.

3. The final price for the Professional Services shall be determined by the Professional at the location before the Professional Service begins based on the Professional ’s professional assessment of the scope of the work, measurements of the Service Location and other factors that may affect the final price.

4. In the event that the final price determined by the Professional before the Professional Services begins differs from the recommended estimate, the User will be entitled to cancel the Inquiry before the professional service begins.

5. The fee shall be paid within 5 days of the handover of the completed work by the Professional solely and via the wired transfer. Cash payments and payments made to other accounts shall be disregarded.

6. In case of overpayment, the User is entitled to request a refund which will be paid within 30 days of the date when Endy Homes confirms the existence of the overpayment by email.

7. The Service User has the right to cancel their Inquiry free of charge no later than 5 days before the planned start of the Professional Service. If an Inquiry is cancelled less than 5 days before the planned start of the Professional Service, Endy Homes may charge the Service User a cancellation fee of up to 30% of the recommended price of the Inquiry or CAD $300, whichever is greater.

8. Endy Homes hereby informs the Service User that in the event they do not properly pay the price for work performed under the Contract for Work, then Endy Homes is authorized by the Professional to initiate the debt collection process and enforce the payment of all amounts due under the Contract for Work (including contractual penalties, accessories and other costs associated with enforcement) for the benefit of the Professional.

5. Conclusion of the Contract for Work

1. The Contract for Work will be concluded upon the signing of a Purchase Order.

2. By concluding the Contract for Work, the Professional agrees to provide Professional Services to the Service User to the scope and under the terms specified in the Purchase Order for Professional Services at the Service Location before the professional service begins.

3. Endy Homes does not guarantee professional conduct, performance or quality of the services provided by the individual Professional.

4. The Endy Homes Platform is an effective tool for matching Service Users and Professional. Endy Homes does not recommend or give any advice to the Service User regarding the selection of a specific Professional.

5. Endy Homes does not guarantee that a Service User will be matched with the same Professional or that the performance or quality of the Professional Service will be the same if repeated Inquiries are posted by the same Service User or Inquiries are posted regarding the same Service Location.

6. Miscellaneous Terms of the Contract for Work

In addition to the arrangements specified in these Terms and Conditions above and in the Professional Service Inquiry, the following terms of Professional Services provided by the Professional to the Service User are hereby agreed:

1. The Professional is required to notify the Service User of the scope and final price of the Professional Services in the Purchase Order between the Professional and the Service User.

2. The Professional shall notify the Service User of the completion of Professional Services by signing the handover report for the completed work (hereinafter referred to as the “Handover Protocol”) which should be signed between the Professional and the Service User.

3. The Professional is entitled to complete the Professional Service at any time on any day as agreed with the Service User.

4. The Service User agrees to cooperate with the Professional as specified in the Terms and Conditions or reasonably requested by the Professional, including but not limited to the following:
– Allow the Professional to access the spaces for the performance of the service or provide the Professional with keys or access codes to the building in order to perform the service;
– Ensure that the Service Location is accessible and fit for the performance of the service, in particular free from any items that prevent or may prevent the performance of the service. The Professional is not required to ensure that such items are removed to ensure the proper performance of their task. If such items are not removed, the Professional is not required or authorized to have them removed and perform the professional service, and, at the same time, the Professional is not liable for any defective performance caused by failure to remove such items. The above does not apply if the Service User expressed interest in the Inquiry in or agreed with the Painter before the final price confirmation on a service that includes moving of furniture or other movable items and a thorough cleaning after the professional service have been performed;
– Refrain from any action that prevents the performance of Professional Services
– The Service User agrees to check and inspect the professional service without undue delay after the completionthereof
– Where the Service User is a legal entity, it agrees to ensure that the aforementioned obligations are complied with by the users of the building in which the services are provided.

5. If the Service User is in default in payment of the fee for a confirmed Purchase Order (i.e. the fee for the Professional Services rendered), the User agrees to pay to the Professional a contractual penalty of 0.05% of the outstanding amount for each day of default or any part thereof.

7. Inspection of Professional Services and Handling of Complaints

1. Given the nature of the activities performed, the Service User is entitled to point out defects in the Professional’s work as soon as they are detected but no later than on the day when the spaces are handed over by the Professional by listing the defects in question in the Handover Report describing the specific defects in the Professional Services, and by sending a copy of the Handover Report to Endy Homes’s e-mail address listed on the company website.

2. In the event that a complaint is not made as described in the paragraph above, the service shall be deemed to have been provided duly in accordance with the Purchase Order.

3. In case of latent defects, the Service User is entitled to point out defects in the work performed as soon as they are detected. After the service Users reports hidden defects to Trusted Local Pro, he is obliged to arrange an alternative date for the repair as soon as possible within 30 days of receiving the complaint.

4. In the event that the Professional causes damage to the User by violating its contractual obligations, the Service User is entitled to claim reimbursement of such damage by the Professional.

5. Before the Professional is permitted to enter the Service Location, the Service User shall safely store away all valuable and fragile items. Endy Homes is not liable for any loss of or damage to such items.

8. Right of Users (as a consumers)

1. If the User is a consumer, the consumer rights set out in this article shall apply.

2. Consumer law gives the User, as a consumer, the possibility to withdraw from the contract concluded with the Professional by means of distance communication. The User may withdraw from such a contract without giving any reason within 14 days from the date of conclusion of the contract.

3. The User may also withdraw from the contract concluded with the Professional if the Professional is in default in providing the Professional Services and fails to comply with this obligation without undue delay after the User calls upon the Professional to comply.

4. In the event that the User’s right of withdrawal continues, the User may withdraw by sending the Professional, within 14 days of the conclusion of the contract, information that the User is withdrawing from the contract. The User may send the information to the Professional by any verifiable means.

5. In the event of withdrawal, the User will be refunded by the Professional the amount paid without undue delay, at the latest within 14 days of withdrawal. The amount will be refunded to the account from which it was sent, unless the User specifies another way in which he/she wants to be refunded. The User acknowledges that the Professional, not Endy Homes, is fully responsible for the refund of the amount paid.

6. Endy Homes further notes that any obligations and agreements that the User enters into with the Professional are effective only between the User and the Professional and are governed by those agreements between the parties and by applicable law.

7. Any complaints and claims of the User against Professional Services shall be handled by the User directly with the Professional as set out in these Terms and Conditions. Endy Homes may mediate communications between Users and Professionals, but Endy Homes is not obligated to receive and to handle User complaints.

8. Endy Homes is a Platform as a Service and if the User considers that the Platform has a defect (its quality does not correspond to the agreed terms) the User may claim it. If the defect is removable, the User can either ask for a repair, a replenishment or a discount. If the defect cannot be removed and the Endy Homes Services cannot be used, the User may withdraw from the contract or ask for a discount.

9. It cannot be a reason to make a complaint about the Endy Homes Platform or Endy Homes Services that the service does not meet the User’s subjective expectations.

10. To make a complaint about Endy Homes Platform or Endy Homes Service, the User should contact Endy Homes and provide the following information: what specifically the User wants to complain about and why, the User’s contact details and how the User wants to resolve the complaint. The User can make a complaint electronically via contact e-mail mentioned on the Endy Homes Platform or in writing to Trusted Local Pro’s registered office.

11. Upon making a claim, the User will receive a confirmation from Endy Homes stating when the claim was made, what the claim is about and the method of handling the claim requested by the User.

12. Endy Homes will process the claim promptly, within 30 calendar days at the latest. Endy Homes will provide the User with confirmation of the date and manner of the claim, the repair, if any, the duration of the claim, or a justification for Endy Homes’s rejection of the claim. If Endy Homes does not resolve the claim within 30 days, the User has the right to withdraw from the Agreement.

13. In the event of a legitimate complaint, the User is entitled to reimbursement of reasonable costs incurred, which the User must claim within one month of the expiry of the period in which the defect must be pointed out.

14. The User acknowledges that he/she cannot withdraw from the Agreement when the Endy Homes Services are provided for the User free of charge and are fully provided to the User at the time of entering into the Agreement. Withdrawal from the contract with the Professional is governed by the contractual relationship between the Professional and the User.

9. User Content

9.1. User Content. User may upload text, photos, and other information that represents User’s content to the Endy Homes platform. User is responsible for its user content. By uploading User content to the Endy Homes platform, User represents that it is authorized to do so, and that the uploading, posting or subsequent use of the content will not violate any third-party rights or laws. User shall not upload, transmit or otherwise provide to or through the Endy Homes platform any information or material that is unsolicited advertising or content (i.e. “spam”), illegal, or contains or activates any malicious code (software, hardware or other technology, including malware, the purpose or effect of which is to allow unauthorized access to or disrupt or otherwise damage a computer, software, hardware or network; or to prevent any other Professional or User from accessing or using the Endy Homes Services).

9.2. Endy Homes’s approach to User Content. Endy Homes takes a passive and neutral approach to User content. This means that Endy Homes generally does not monitor it or actively search for facts or circumstances that would indicate that the User content is illegal. On its own initiative, Endy Homes may conduct voluntary investigations or take other measures to detect, identify, remove or disable access to illegal content. Endy Homes may also take necessary measures to ensure compliance with legal requirements, contractual Terms and Conditions, and orders of administrative authorities. However, Endy Homes is not responsible for the illegality, accuracy or truthfulness of User content. Endy Homes does not use special tools or algorithm-based decision-making to moderate content.

9.3. Notification mechanism. Endy Homes shall receive all notifications containing information about the occurrence of User content within the Endy Homes platform that the notifier (e.g., User) considers illegal. The notifier may send notifications to Endy Homes at the email address info@trustedlocalpainters.com. Endy Homes allows the notification to contain at least the following information:
(a) a sufficiently substantiated explanation of why the notifier claims that the content in question is illegal,
(b) an unambiguous indication of the exact electronic location of the content, such as the exact URL, and, if necessary, additional information to identify the illegal content depending on its type,
(c) the name or title of the person making the notification and their email address, except where you are notifying content that you consider to constitute an offence referred to in Articles 3 to 7,
(d) a statement confirming that the person or entity making the notification believes in good faith that the information and allegations contained in the notification are accurate and complete.

9.4. Procedure and measures. If the notice contains electronic contact information for the person submitting the notice, Endy Homes shall promptly send the notifier an acknowledgement of receipt of the notice. Endy Homes shall also inform the notifier without undue delay of its decision with respect to the information to which the notification relates and provide the notifier with information about the remedies available to it in connection with that decision. If Endy Homes becomes aware of unlawful activity, illegal content or content that is incompatible with the Terms and Conditions, it may take measures to remove it or to prevent access to it. Alternatively, Endy Homes may impose restrictions on the User consisting in suspension or termination of the provision of the Endy Homes Services to such User or suspension or termination of the User’s account. If Endy Homes is aware of the relevant electronic contact details and if it does not involve misleading commercial content in large volumes, it shall provide all affected Users with a clear and specific justification for such restriction. However, if Endy Homes assesses the content as compliant with the law and the Terms and Conditions, it may also decide not to take action against the content.

9.5. Protection against abuse. If the User frequently provides apparently illegal content, Endy Homes may suspend the provision of Endy Homes Services and access to the User’s account for a reasonable period of time and after issuing a prior notice. In addition, if a notifier frequently submits patently unwarranted notices or complaints, Endy Homes may suspend notifier’s handling of notices and complaints after issuing prior notice. In making a decision in such cases, Endy Homes shall take into account the number of items of manifestly unlawful content or manifestly unfounded notifications or complaints submitted in a particular period, their proportion in relation to the total number of information or notifications, the severity of the misuse, the nature of the unlawful content, the consequences of such misuse and the intention of the recipient of the service, person, entity or complainant, if it can be inferred.

10. Common and Final Provisions

1. These Terms and Conditions apply also to individual Contracts for Work and Professional Service Inquiries.

2. This Agreement shall be governed by the laws of the Ontario.

3. The services are provided “as is” and “as available”. Endy Homes disclaims any and all representations and warranties, whether express, indirect or statutory, which are not specifically included in these Terms and Conditions.

4. Furthermore, Endy Homes does not make any representations, warranties or accept any obligations concerning the reliability, timeliness, quality, suitability or availability of services and any services requested using our services or a guarantee that the services will be continuous and free of error.

5. Endy Homes does not guarantee the quality, suitability, safety or availability of the Professional.

6. The Service User grants their express prior consent to the assignment of rights arising to Endy Homes from an Inquiry to a third party selected by Endy Homes provided that obligations arising to Endy Homes from the Inquiry are transferred to the same person or entity at the same time. If necessary, the Service User also agrees to grant consent according to the first sentence of this paragraph in the appropriate form to a third party selected by Endy Homes.

7. Under consumer law, User (as a consumer) has the right to an alternative dispute resolution of his consumer dispute arising out of a contract between User and Endy Homes.

8. Alternative dispute resolution of a User (as a consumer) dispute is initiated only at the User’s request, in the event that the User has not been able to resolve the dispute directly with Endy Homes. The application may be filed within 1 year from the date on which the User first exercised its right in dispute with Endy Homes. The User can also resolve its dispute online via the ODR platform (Online Dispute Resolution).

9. The Service User declares that they have read and agree with these Terms and Conditions.