Contractor agrees that they will not have convicted felons or sex offenders being represented at a Contractor Confidence referred customer. Contractor will adhere to Contractor Confidence’s code of conduct agreement provided by Contractor Confidence.
Insurance Repair Services Referral Agreement
This Insurance Repair Services Referral Agreement (the “Agreement”) is by and between Contactor Confidence, LLC, a Minnesota limited liability company (the “Referrer”), and you (the “Customer”) and is dated as of the date of the second of the two parties to sign this Agreement (the “Effective Date”).
Referrer wishes to provide Customer a referral to a qualified contractor and Customer wishes to receive from Referrer a referral to a qualified contractor. Accordingly, the parties agree as follows:
- Definitions. The words defined in the preamble shall have the meaning assigned to them and the following words shall have the meaning assigned as follows:
- “Contractor” means a contractor to whom Referrer refers Customer.
- “Services” means the repair services Customer has informed Referrer that Customer requires as reported through Referrer’s website.
- “State” means the state in which the Services are required.
- Referral. Referrer shall provide Customer a referral to a Contractor that: (a) is licensed to perform the Services in the State; (b) is bonded as required by law for the Services in the State; (c) is ready, willing, and able to perform the Services; (d) completes work in a professional, workmanlike manner; and (e) includes a right of recission pursuant to Section 10 of this Agreement. Notwithstanding anything to the contrary, Referrer shall use Referrer’s professional judgment in referring Customer to a Contractor Referrer considers suitable for Customer’s needs.
- Acceptance of Referral. Customer shall enter into good-faith negotiations with the Contractor for the completion of the Services, including by providing all information as is reasonably necessary for Contractor to provide a quote and providing Contractor a reasonable amount of time to provide such quote.
- Limitation on Referral. Referrer shall refer Customer to only one Contractor and shall not provide Customer’s information to any other parties, except at the request of Customer. Notwithstanding anything to the contrary, Referrer may elect, in Referrer’s sole discretion, not to refer Customer to additional Contractors of Customer does not enter into an agreement for the completion of the Services with the initial Contractor.
- Limitation of Liability. IN NO EVENT SHALL REFERRER BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBLITY THEREOF, INCLUDING ANY DAMAGES RESULTING WHATSOEVER FROM THE CONTRACTOR’S PROVISION OF SERVICES UNDER ANY AGREEMENT BETWEEN CUSTOMER AND CONTRACTOR, OR WHETHER IN AN ACTION BASED ON CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. REFERRER DOES NOT WARRANT OR GUARANTEE THE QUALITY OR TIMELINESS OF ANY SERVICES PROVIDED BY THE CONTRACTOR. CUSTOMER AGREES THAT THE TOTAL AGGREGATE LIABILTY LIMIT OF REFERRER SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS.
- Entire Agreement. This Agreement sets forth the entire agreement between the parties with respect to its subject matter and fully supersedes any and all prior agreements and understandings by the parties. This Agreement may be amended only by mutual written agreement.
- Severability. If any provision of this Agreement is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected thereby.
- Choice of Law. This Agreement shall be interpreted, enforced and governed under the laws of the State of Minnesota without giving effect to its choice of law provisions. The venue for any dispute shall be in Hennepin County, Minnesota.
- Right of Recission. Referrer has required Contractor to include a right of recission (The “Right of Recission”) in any agreement Contractor enters into with any Customer Referrer has referred to Contractor. Such Right of Recission provides that Customer may, within the Recission Period, rescind such contract and receive repayment of any fees paid by Customer. For the purposes of this Section, the “Recission Period” is the period between the signing of the agreement between the Contractor and Customer and midnight on the third calendar day following the signing.
To evidence the parties’ agreement to this Agreement, they have accepted by clicking the box that indicates that they agree to the terms of this Agreement.