FixItFast Pro Agreement

1Definitions and acceptance

1.1 Definitions.

• “Platform” means the FixItFast.NYC website, app and dispatch tools.
• “Customer” means a person who books services through the Platform.
• “Job” means a service request dispatched to Pros, such as TV mounting, camera installation, smart home setup, electrical, plumbing or handyman work.
• “Job Offer” means a notice of a Job showing its scope, location area, window and Payout.
• “Payout” means the amount shown on the Job Offer that you will receive for the Job.
• “Services” means the work you perform on a Job.
• “Customer Data” means personal information about a Customer, including name, address, contact details, access notes, photographs and chat content.

1.2 Related documents. The Terms of Service (as they apply to Customers) and the Privacy Notice, including its FixItFast Pros section, are referenced here. If this Agreement conflicts with them as to the relationship between you and PrimeInstall, this Agreement controls.

1.3 Interpretation. Headings are for convenience. “Including” means including without limitation. No term is construed against a party because of who drafted it.

2Independent contractor

2.1 Status. You are an independent contractor and not an employee, partner, joint venturer or agent of PrimeInstall. Nothing in this Agreement creates an employment relationship. You have no authority to bind PrimeInstall.

2.2 Means and methods. You decide how, when and in what manner you perform the Services, subject to the Customer’s requirements for the Job, applicable law, building rules and the quality commitments in Section 6. PrimeInstall does not control your methods, set your hours or require you to work.

2.3 Your own tools and costs. You provide your own tools, equipment, vehicle, transportation, parking and fuel, communications, training and licenses, and pay your own business expenses, unless a Job Offer states otherwise.

2.4 Taxes. You are responsible for all taxes on your earnings, including income, self-employment and sales taxes where applicable. PrimeInstall will not withhold taxes, and will report payments to you and to tax authorities as the law requires, including on IRS Form 1099 where applicable. You will provide the tax information we reasonably request.

2.5 Other work. You may work for others, including competing platforms, subject to Section 5.5.

2.6 Helpers. You are responsible for anyone you bring or engage, who must meet the same licensing, insurance and conduct requirements, and whom you must identify to PrimeInstall before the Job.

2.7 Benefits. You are not eligible for employee benefits, and you are responsible for your own insurance, except as stated in Section 3.

3Eligibility and vetting

3.1 Requirements. To be approved and remain active, you must:

1. be at least 18 years old and legally authorized to work in the United States;
2. hold, for each type of work you accept, each license, registration or certification that the law requires, for example a New York City Department of Buildings master electrician or master plumber license, or work under the direct supervision of a license holder as the law permits and as disclosed to us, and where required a New York City Department of Consumer and Worker Protection Home Improvement Contractor license;
3. maintain commercial general liability insurance with limits we reasonably specify, naming PrimeInstall LLC as an additional insured, and give us certificates of insurance on request;
4. maintain workers’ compensation and disability benefits coverage, or hold the exemption that New York law allows for you, and give us evidence of the coverage or exemption; and
5. keep your information current and tell us promptly of any license suspension, lapse, claim, or material change.

3.2 Verification. We may verify your identity, work eligibility, licenses, registrations and insurance, and may request supporting documents. Giving false information is grounds for immediate removal.

3.3 Background checks. We will obtain a background check only with your separate written authorization, on a stand-alone disclosure, as the federal Fair Credit Reporting Act requires. We will follow the New York City Fair Chance Act, including its sequencing, which means we will not ask about or search for criminal history until after a conditional approval, and we will give you the notices and the opportunity to respond that it requires before taking adverse action based on a result.

3.4 No guarantee. Approval does not guarantee any volume of Jobs. We may decline an application for any lawful reason.

4Job offers and acceptance

4.1 You choose. You may accept or decline any Job Offer, with no penalty, minimum number of Jobs or required availability.

4.2 Terms of an offer. Each Job Offer shows the scope, the general area, the window, the Payout and the Customer requirements that matter for the Job, such as building rules, certificate of insurance needs and parking. The Payout shown before you accept is the amount you will receive for that scope.

4.3 After acceptance. Once you accept, you agree to perform the Job in the window or to tell us promptly, and in any event at least 24 hours before where possible, so that we can reschedule or reassign it. Repeated late cancellations or no-shows may lead to deactivation under Section 9.

4.4 Changes on site. If conditions differ materially from the Job description, you must stop and use the Platform to propose the added cost to the Customer. You may not perform or charge for extra work until the Customer approves it in the App.

5Pricing and payouts

5.1 Customer pays PrimeInstall. Customers pay PrimeInstall through the Platform. You do not collect payment from Customers, except as the Platform instructs. You may not ask a Customer for tips, cash or payment outside the Platform for a Platform Job.

5.2 Payout. You will receive the Payout shown on the Job Offer, adjusted only for approved changes in scope under Section 4.4 or as stated in this Section. We pay through our payment processor to the payout account you set up with it.

5.3 Timing. We pay the Payout within 7 days after the Job is completed and the Customer signs off (or is deemed to have accepted the Job after the sign-off period shown in the App, if the Customer does not respond), unless there is a dispute, in which case we will pay the undisputed part within 7 days and the rest when the dispute is resolved.

5.4 Adjustments. We may reduce a Payout to the extent a Customer receives a refund because of your failure to perform the Job as agreed, because of damage you caused, or under the callback provisions in Section 6, and we will explain the reason in writing. We will not withhold a Payout for a Customer’s cancellation that was not caused by you.

5.5 No off-platform solicitation. For 12 months after you perform a Job for a Customer introduced to you through the Platform, you agree not to solicit that Customer to book the same kind of services with you outside the Platform to avoid the Platform. This does not restrict you from (a) serving a Customer who contacts you on their own initiative, without solicitation by you; (b) serving a person you had a business relationship with before the Platform introduced them, which you may document; (c) general advertising not targeted at Platform Customers; or (d) working for anyone after this Agreement ends in any way the law requires to be unrestricted. This Section applies only to the extent it is reasonable and permitted by law.

5.6 Disputes about pay. Tell us through the contact form within 30 days if you believe a Payout is wrong. We will review it in good faith.

6Quality and callbacks

6.1 Standard. You will perform the Services with reasonable skill and care, in a workmanlike manner, in accordance with applicable codes and manufacturer instructions, and as described in the Job, and you will leave the work area clean.

6.2 Warranty and callbacks. You warrant your workmanship to PrimeInstall and the Customer for 30 days after completion, consistent with the Customer-facing policy. If a Customer reports a workmanship defect in that period, you will return at a time convenient to the Customer to correct it, at no additional charge to the Customer or PrimeInstall. If you do not do so within a reasonable time, we may send another professional and deduct the reasonable cost from amounts owed to you.

6.3 Regulated work. Regulated electrical and plumbing work must be performed only by, or directly supervised by, a person holding the required license, who must be named in the quote.

6.4 Honesty. You will give Customers accurate information about the work and not misrepresent your qualifications.

7Customer data

7.1 Use limited to the Job. You may use Customer Data only to perform the Job it relates to, and for no other purpose, including marketing, selling, or building a customer list.

7.2 Protection. You will keep Customer Data confidential, protect it with reasonable safeguards, and not copy, share, post or keep it after the Job and any callback period, other than as the law requires. Photographs of a home or of people must not be shared outside the Job.

7.3 Incidents. Tell us promptly through the contact form if you lose Customer Data or suspect unauthorized access.

7.4 Privacy law. You will comply with applicable privacy and recording laws. You may not record Customers or their homes with audio or video other than photographs of the work for documentation.

8Safety and compliance

8.1 Compliance. You are responsible for complying with the laws, codes and rules that apply to your work, including obtaining any permit required for your work, unless the Job Offer says that PrimeInstall will, and for following building rules, work hours, elevator reservations and certificate of insurance requirements disclosed on the Job Offer.

8.2 Safe work. You will follow safe practices, use appropriate protective equipment, lock out and verify power and water as required, and stop work that is unsafe. You may refuse any Job that you believe is unsafe. You will not give a Customer dangerous instructions for electrical or gas work.

8.3 Conduct. You will treat Customers with respect, comply with the law against discrimination and harassment, not work under the influence of alcohol or drugs, and carry identification as the Platform requires.

8.4 Emergencies. If you encounter a life-safety hazard, such as a gas odor or active fire, evacuate, call 911 and the utility, and then tell us.

9Ratings and deactivation

9.1 Ratings. Customers may rate and comment on Jobs. We may use ratings, complaints, completion rates and compliance records to manage the Platform.

9.2 Deactivation. We may deactivate you from the Platform for a material breach of this Agreement, loss of a required license or insurance, safety violations, fraud, serious or repeated Customer complaints, repeated no-shows, or conduct that harms Customers or the Platform. For a deactivation that does not involve an immediate safety or fraud concern, we will give you written notice of the reason and a chance to respond in writing before the decision takes effect, and we will consider your response in good faith. In urgent cases we may suspend you immediately and give notice at the same time.

9.3 Effect. Deactivation ends your access to new Jobs. Payouts for Jobs completed in compliance with this Agreement will still be paid under Section 5.

10Indemnity and liability

10.1 Your indemnity. To the extent permitted by law, you will defend, indemnify and hold harmless PrimeInstall and its members, managers, officers, employees and agents from third-party claims and resulting losses, damages and expenses (including reasonable attorneys’ fees) to the extent arising out of your negligence, willful misconduct, breach of this Agreement, violation of law, misclassification claims arising from your own use of helpers, or the acts of anyone you engage, except to the extent caused by PrimeInstall’s negligence or willful misconduct.

TO THE FULLEST EXTENT PERMITTED BY LAW, PRIMEINSTALL WILL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS, AND PRIMEINSTALL’S TOTAL LIABILITY TO YOU ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE PAYOUTS DUE TO YOU FOR THE JOB GIVING RISE TO THE CLAIM. THIS DOES NOT LIMIT LIABILITY FOR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.

10.2 Platform provided as is. The Platform is provided “as is,” and we do not promise any volume of Jobs or uninterrupted availability.

11IP and photos

11.1 Platform. PrimeInstall owns the Platform and the FixItFast.NYC and PrimeInstall names and marks. You may use them only as we permit to identify yourself as a FixItFast Pro on the Platform.

11.2 Your materials. You keep ownership of your own marks and tools. You grant PrimeInstall a non-exclusive license to use your name, trade, rating and any profile photo you provide to operate the Platform and to show Customers who is assigned to their Job.

11.3 Job photos. Photographs and notes you take of a Job for documentation may be used by PrimeInstall for quality, safety, dispute resolution and training, and you will not publish them or use them in your own marketing without the Customer’s and our permission.

12Term and termination

12.1 Term. This Agreement starts when you are approved and continues until ended.

12.2 By you. You may end it at any time by notice through the contact form, after completing Jobs you have accepted or arranging reassignment.

12.3 By us. We may end it on 14 days’ notice for any lawful reason, or immediately under Section 9.2.

12.4 Survival. Sections 2.4, 5, 6.2, 7, 10, 11, 12.4, 13 and 14, and amounts owed, survive.

13Governing law and arbitration

13.1 New York law. This Agreement is governed by the laws of the State of New York and, for Section 13.3, the Federal Arbitration Act.

13.2 Informal first. The parties will first try to resolve a dispute informally by written notice through the contact form for 30 days.

13.3 ARBITRATION AND WAIVERS. EXCEPT FOR CLAIMS THAT MAY NOT BE ARBITRATED UNDER APPLICABLE LAW AND INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT, ANY DISPUTE BETWEEN YOU AND PRIMEINSTALL ARISING OUT OF THIS AGREEMENT WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS RULES THAT APPLY TO THE DISPUTE, IN NEW YORK COUNTY OR BY VIDEO. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND TO BRING OR JOIN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, TO THE FULLEST EXTENT PERMITTED BY LAW. THE ARBITRATOR MAY AWARD ONLY INDIVIDUAL RELIEF. PRIMEINSTALL WILL PAY ARBITRATION FEES BEYOND THOSE YOU WOULD PAY IN COURT WHERE THE AAA RULES OR THE LAW REQUIRE IT.

13.4 Opt-out. You may opt out of arbitration within 30 days after you first accept this Agreement by submitting the contact form with the subject “Arbitration opt-out.” If you opt out, disputes will be brought in the state or federal courts in New York County, New York.

13.5 Court matters. For any matter not subject to arbitration, you and PrimeInstall submit to the exclusive jurisdiction of the courts located in New York County, New York. Either party may seek an injunction in court to protect confidential information or intellectual property.

14General provisions

1. Entire agreement. This Agreement and the Job Offers you accept are the entire agreement between us about the Platform and replace prior understandings.
2. Severability. An unenforceable provision will be enforced to the extent permitted and the rest remains in force.
3. No waiver. A failure to enforce a right is not a waiver, and a waiver must be in writing.
4. Assignment. You may not assign this Agreement without our written consent. We may assign it in a merger, sale or reorganization, on notice.
5. Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, other than payment obligations for work completed.
6. Notices. We may notify you by email on file or through the Platform. You notify us through the contact form at /contact.
7. Changes. We may update this Agreement with posted notice and a new version, and for material changes with at least 14 days’ notice by email. Continuing to use the Platform after that means you accept the change. Accepted Job Offers are not affected.
8. Order of precedence. A Job Offer controls as to the scope and Payout of that Job. This Agreement controls otherwise.