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Form 4 of 4: Signed Disclaimer

  • This Website and the services of Appointment on Demand (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties referred to herein as "Appointment on Demand," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.Appointmentondemand.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on July 20, 2018.

    Contractor Introduction to Appointment on Demand

    Upon registration, you will be expected to complete your contact info, contractor questionnaire, credit card authorization form, pay for and complete your background check through Checkr.com

    contact info form

    Will be stored in our platform in order to communicate with your firm once we have an appointment for you.

    Contractor questionnaire

    Is a series of questions pertaining to the services the contractor provides and is interested in performing, as well as applicable questions pertaining to the specific details into the type of appointment the contractor is interested in receiving from www.appointmentondemand.com. This information is relevant in order to provide the right type of appointments and the corresponding volume and location the contractor desires. In no way does Appointment On Demand guarantee the requested volume of appointments to be produced. The appointments in which you receive will be based purely on this information provided (trade, geography, volume). You can resubmit this form to change this information at any time. You are expected to share applicable local licensing for your trade as well on this form. You are responsible to pay for appointments relevant to such information provided.

    Ballpark Price sheet

    This is in order to give clients looking to set an appointment a ballpark figure as to what they can expect to pay the contractor, at times we may advertise these prices in order to entice clients to utilize our services . Our agents are instructed to explain to the clients this is ONLY a ballpark, and the pricing can vary and is totally dependent on the contractors onsite or over the phone estimate.

    credit card authorization form

    permits www.appointmentondemand.com to charge client card once contractor is sent an appointment either verbally, through email or text message. Pricing for leads work on a floating rate based on our marketing expenses. Price ranges can be found on minimum appointment agreement found on the credit card authorization form. As of may 14,2019, the listed floating rate is $39-$80 per appointment. This information will never be shared outside of Appointment On Demand.

    Minimum Appointment agreement

    Minimum Appointment agreement is a legally binding agreement that states the amount of appointment contractors wish to receive in a weeks time. This statement has the contractor acknowledge they may be charged anywhere from $39-$80 per appointment. This agreement has the contractor consent the types of appointments they will be purchasing are consistent with the information they have provided on the contractor questionnaire form. This agreement also has the contractor acknowledge they are responsible to purchase the amount of appointments they have stated on there application, and while we will ask for scheduling information to book appointments conveniently on their behalf, it is still entirely the contractor's responsibility to make room for this client, confirm the booking time, and arrive to this appointment.Changes to this form can be made by resubmitting at any time. To be clear, the contractor is responsible for purchase of an appointment regardless of availability unless the contractor has modified, or turned off there service prior to reception of appointment. The contractor also understands that while they agree to a weekly minimum of appointments to purchase, in no way can or does appointment On Demand guarantee this volume of Appointments be produced.

    Signed contractor disclaimer form

    (this form must be signed and agreed to)

    Background Check

    There is a $35 fee in order to process your background check . this fee may increase as time moves forward. You can not become a member of the Appointment On Demand Network without paying, completing and passing your background check. Owner/operator must submit their application for there respective firm.Negative findings on your background check can result in disqualification from joining the Appointment On Demand Network solely at an onboarding specialists discretion without refund of your background check fee. Should you be disqualified from joining, you may request a review with reasoning as to why we should reconsider. All inquiries are to be presented at onboarding@appointmentondemand.com. Once payment is rendered, the platform will redirect you to Checkr.com to complete your application process

    Credit/dispute policy

    Credits for disputed appointments are to be issued in the following instances.
    • A free appointment or credit was already supposed to be applied to contractor account
    • An appointment assigned was out of contractors listed coverage area at that time
    • An appointment assigned was not a trade listed in contractors application
    • Contractor has suspended service but still received an appointment
    • Client was not able to be reached or rescheduled by both contractor staff and confirmed by Appointment On Demand staff
    • Appointment determined to be some sort of prank, hoax, or fraud
    • Appointment eclipsed the requested amount of appointments you agreed to take in a weeks time as per your minimum appointment agreement

    Termination/suspension From Appointment On Demand Network

    Appointment On Demand reserves the right to terminate a network professional solely at staff discretion for any reason they deem appropriate. Such reasons are but are not limited to.
    • unreasonable appointment credit requests
    • inappropriate behavior during appointment with Appointment On Demand Client
    • over pricing/price gauging during estimate or job from Appointment On Demand
    • inappropriate language with Appointment On Demand staff member
    • billing difficulties with contractor
    • Communication issues with contractor
    • Any reason Appointment On Demand staff deems non-conducive to business productivity


    Permission to list Contractor information on third party platforms, utilizes contractors information for purposes of attracting more business.

    Appointment on demand’s primary objective is to produce as many leads as possible for its network of professionals. In order to do so, in some instances we may advertise the contractors information on various advertising platforms, vendor lists from property management firms, and more. In one instance, prorefferal.com hosted by Home Depot asks for the contractors credit card used at their stores, these cards produce points which then in turn produce leads; with contractor consent we will activate this service. Other services not requiring payment information, we reserve the right to withhold lead sources from contractor in order to keep proprietary marketing strategies internalized.

    Ratings & Reviews are not Endorsed by Appointmentondemand.com

    All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Appointment on demand. Appointment on demand disclaims any and all representations or warranties with regard to the Ratings and Reviews. Appointment on demand does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

    Articles and Other Content

    Appointment on demand provides certain content relating to home improvement, repair, maintenance ("Articles"), on the Appointment on demand or apps, and via mobile applications owned and operated by Appointment on demand. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.

    Links to Third Party Sites

    The links in the Appointment on demand or apps will let you leave Appointment on demand's Web site. The linked sites are not under the control of Appointment on demand and Appointment on demand is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Appointment on demand is not responsible for webcasting or any other form of transmission received from any linked site. Appointment on demand is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Appointment on demand of the site.

    Notice Specific to Documents and Information Available on this website.

    Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Appointment on demand server ("Server") 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 the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Appointment on demand. 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. Documents specified above do not include the design or layout of the Appointment on demand or apps or any other Appointment on demand owned, operated, licensed or controlled site. Elements of the Appointment on demand or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Appointment on demand web Site may be copied or retransmitted unless expressly permitted by Appointment on demand. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. APPOINTMENT ON DEMAND AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. APPOINTMENT ON DEMAND AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE APPOINTMENT ON DEMAND WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. APPOINTMENT ON DEMAND AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

    Indemnification

    YOU AGREE TO INDEMNIFY APPOINTMENT ON DEMAND, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE APPOINTMENT ON DEMAND SERVICES IN CONNECTION WITH THE APPOINTMENT ON DEMAND WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

    Agreement to Arbitrate All Disputes and Governing Law

    The exclusive means of resolving any dispute between you and Appointment on demand or any claim or controversy arising out of or relating to use of this Website and/or Appointment on demand's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Appointment on demand any class action, class arbitration, or other representative action or proceeding.

    *NOTICE OF RIGHTS*

    1. By using the Website and/or Appointment on demand's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Appointment on demand. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
    2. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Appointment on demand may be commenced only in the federal or state courts located in Nassau county, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
    3. These Terms and Conditions, and any dispute between you and Appointment on demand, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.


    General Provisions

    You acknowledge and agree that the Appointment on demand Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Appointment on demand's sole obligation to you or any third party for any claim arising out of your use of the Appointment on demand Services or the Appointment on demand or apps, is that you are free to discontinue your use of the Appointment on demand Services or the Appointment on demand or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Appointment on demand 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 Appointment on demand SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Appointment on demand HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Appointment on demand's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, 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 Appointment on demand to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of New York such laws are applied to agreements entered into and to be performed entirely in the State of New York. You agree to submit to jurisdiction in New York and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Nassau County, New York. These Terms and Conditions constitute the entire agreement between you and Appointment on demand and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

    Notice of payment refusal/ collection fees

    Should a situation arise where an Appointment On Demand network contractor refuses to pay for a valid appointment. The contractor will be removed from the network and have there debt placed with a 3rd party collection agency. On top of the amount owed, collection fees will be assigned per appointment. Each appointment owed will be raised to a minimum of $100 per appointment.