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SERVICE PRO TERMS OF USE

Last Modified: May 01, 2023

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These Service Pro Terms of Use ("Terms") govern your access and use of ProfileGorilla, ("we", "our", "us") websites and services (collectively, the "Services"). By using the services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent you have the authority to bind that organization to these Terms and, in that capacity, you hereby bind that organization to these Terms. Where you are using the Services on behalf of an organization, "you" and "your" refer to that organization and the organization is responsible for your usage of the Services, including any violation of these Terms, federal, state, or local laws.  We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions.


1.  Service Pro Compliance Requirements

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  • INSURANCE:  You are required to secure, provide, and maintain insurance coverage ensuring appropriate coverage tied to the Services you provide and agree to not accept any jobs requiring you to perform services that are not covered under that Insurance.   Below are the minimum requirements specific to activation, but does not remove your responsibility for having additional coverages as required tied to where you perform services and the services you perform:
     

    • General Liability:  $1,000,000 limit Each Occurrence / $2,000,000 Aggregate​

      • Occurrence policy – ISO CG0001 most recently approved version or equivalent

      • Ensure Coverage includes:

        • Personal and Advertising Injury ($1,000,000)

        • Products and Completed Operations Liability ($2,000,000 Aggregate)

        • Ongoing and Completed Operations Coverage (Blanket)

      • No exclusions/restrictions are allowed for:

        • Claims from additions or remodeling projects

        • Residential or habitation

        • Coverage for work performed by subcontractors
           

    • Auto Liability:  $1,000,000 Combined Single Limit of liability per occurrence

      • Must include coverage by endorsement for all vehicles owned, leased, rented, hired, or borrowed. 

      • If you do NOT own any Company Vehicles, here are your Options:

        • Add “HIRED AUTOS” and “NON-OWNED AUTOS” Endorsement to your General Liability Policy from your General Liability Insurance Agent.

        • Get “HIRED AUTOS” and “NON-OWNED AUTOS” Coverage from an Auto Insurance Agent.

        • Purchase Unlimited Non-Owned Car Coverage (UNOC) from an Auto Insurance Agent.
           

    • Workers Compensation & Employers Liability:  Employer’s Liability limits of $100,000 / 500,000

      • Workers’ Compensation is required per State statutory minimum limits

      • Stop Gap as required in Monopolistic states (ND, OH, WA, WY)

      • If you do NOT carry Workers Comp and are NOT Required to carry it by State Statutes, a Workers Comp Attestation will be provided that must be signed and returned.
         

    • Contractor Pollution Liability (CPL), including mold: $1,000,000 limit Each Occurrence

      • No exclusions/restrictions are allowed for:

        • Losses related to mold, bacteria, lead, silica, asbestos, or contaminated drywall.

        • EFIS may not be excluded for restoration work
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LICENSES / CERTIFICATIONS: You are required to secure, provide, and maintain all required State/Local/Municipality Professional Licenses or Registrations tied to the Services you provide and agree to not accept any jobs requiring you to perform services where you do not have all required Licenses or Registrations.  Below are the minimum requirements specific to activation, but does not remove your responsibility for having additional Licenses or Registrations as required tied to where you perform services and the services you perform:
 

    • Licenses / Registrations

      • All Physical Locations must be properly Registered with your State Business Registration / Secretary of State

      • All Licenses must be in Company’s Name (Sub-Contractor Licenses not accepted)

      • ​General Contractor (or equivalent) License Required if Build Back Services are Offered
         

    • Professional Certifications

      • EPA/State Lead Certifications (Required for Mitigation / Remediation / Bio-Hazard)

      • IICRC WRT Certification Required for Mitigation​

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BACKGROUND CHECKS:  You are required to secure, provide, and maintain all required Personnel Background Checks tied to the number of Owners and Field Staff that go to the Job Site and agree to not accept any jobs requiring you to perform services with Personnel who have not been reviewed and approved by ProfileGorilla.  Below are the minimum requirements specific to activation:
 

    • Interval:  Every 3 Years on all Owners and Field Staff that go to a Policyholder job site.
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    • Required Checks:

      • Social Security Number Trace, including 7-year address history and any associated alias or maiden names (AKAs);

      • County and Federal Criminal Record Search - 7 Years;

      • National Criminal Database;

      • Government Watch List;

      • A national crosscheck of all sex offender databases and registries, as well as, state sex offender registries that encompass all counties in each state;

      • Driving Record and License Check (MVR)
         

    • Results must not include any of the below:

      • Listed and confirmed to be on OFAC Watchlist

      • Open or Active Warrant / Open Probation / Pending Deferred Adjudication Program

      • Convicted Felony (Any) / Sex Offender

      • Convicted Misdemeanors:

        • Deception; Theft; Fraud - Insurance/Identity/License; Battery/Assault; Sexual Offense

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2.  Service Pro Process and Servicing Requirements 
 

PROFESSIONAL DECORUM.  Service Pro agrees to exhibit professional decorum with all interactions with ProfileGorilla personnel, as well as, with any personnel associated with a transmitted Opportunity.   

PROCESS AND SERVICING REQUIREMENTS.  Service Pro agrees to respond to in a timely fashion to all transmitted Opportunities, as well as, to the Point of Contact associated with the Opportunity should the Opportunity be accepted.   The below will set guidelines tied to both responding transmitted Opportunities and responsibilities upon accepting Opportunities:
 

    • Responding to new Opportunity Notifications:

      • Opportunities Marked as Emergency Service Required - Accept or Reject Opportunity within 1 Hour

      • Opportunities NOT Marked as Emergency Service Required - Accept or Reject Opportunity within 4 Hours
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    • Engaging the Point of Contact on Accepted Opportunities:

      • Opportunities Marked as Emergency Service Required - Contact Point of Contact within 1 Hour​

      • Opportunities NOT Marked as Emergency Service Required - Contact Point of Contact within 1 Business Day​

      • Contact is defined as:

        • Using Contact Methods transmitted which could be email and/or phone, make live contact with the Point of Contact.  ​

        • Coordinate, inspect, quote, sell, perform and warrant any work, directly with Property Owner, independent of ProfileGorilla.

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    • Responding to Complaints on Opportunities Communicated by ProfileGorilla:

      • Service Pro will attempt to contact the Point of Contact and resolve the complaint within 3 business days from the time ProfileGorilla notifies Service Pro.
         

  • MAINTAIN "INSURANCE FRIENDLY" REPUTATION.  Service Pro acknowledges and agrees to conduct themselves and their business operations in a manner consistent with the below expectations ProfileGorilla defines as "Insurance Friendly":
     

    • "Insurance Friendly" Expectations:​

      • Service Pro is knowledgeable in the Insurance Claims process and supporting those with an Insurance Claim on getting their Loss Restored.

      • Service Pro will not deploy practices using what is commonly known as "Assignment of Benefits" or "AOB" tied to any Opportunity transmitted from ProfileGorilla and further acknowledges that deploying "Assignment of Benefits" outside of Opportunities transmitted from ProfileGorilla could also damage the Service Pro's "Insurance Friendly" reputation and could jeopardize future Opportunities.

      • Service Pro will not engage in business relationships "official" or "unofficial" with Public Adjusters tied to any Opportunity transmitted from ProfileGorilla and further acknowledges that engaging in business relationships "official" or "unofficial" with Public Adjusters outside of Opportunities transmitted from ProfileGorilla could also damage the Service Pro's "Insurance Friendly" reputation and could jeopardize future Opportunities.

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3.  Miscellaneous Provisions 

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  • LIMITATIONS OF LIABILITY.  SERVICE PRO EXPRESSLY UNDERSTANDS AND AGREES THAT PROFILEGORILLA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PROFILEGORILLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; (D) SERVICE PRO INFORMATION THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CONSUMER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY PROFILEGORILLA OR THE FAILURE OF PROFILEGORILLA TO PROVIDE THE SERVICES UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.
     

  • TO THE EXTENT PROFILEGORILLA IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, PROFILEGORILLA’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

    INDEMNIFICATIONS.  SERVICE PRO HEARBY INDEMNIFIES AND HOLDS HARMLESS PROFILEGORILLA, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUCCESSORS, AND ASSIGNS, FROM, AND AGREE THAT YOU SHALL WAIVE AND NOT ASSERT ANY ACTION OR CLAIM AGAINST ANY OF THE PROFILEGORILLA PARTIES FOR, ANY DAMAGES OF ANY KIND OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, AND INCIDENTAL DAMAGES), SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING DIRECTLY OR INDIRECTLY OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH YOUR RECEIPT, ACCEPTANCE, OR REJECTION OF A LEAD, YOUR DEALINGS WITH A PARTY TO ANY LEAD, AND ANY SERVICES PROVIDED BY YOU RELATING TO SUCH LEAD. IN NO EVENT SHALL ANY PROFILEGORILLA PARTY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL AND INCIDENTAL DAMAGES), SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED ARISING DIRECTLY OR INDIRECTLY OUT OF, RELATED TO, OR IN CONNECTION WITH ANY LEAD.  The provisions of this section shall survive the expiration or termination of this Agreement.

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