CONTRACTORS AGREEMENT

Welcome to Basement Depot and www.basementdepot.com. By signing up as a contractor with the BasementDepot, you are agreeing to be subject to the following Contractor's Agreement, as well as our User Agreement, which may be updated by us from time to time without notice to you. You can review the most current version of this document at any time at:http://www.basementdepot.com/cagree.php.

In addition, when using any particular basementdepot.com services, you shall be subject to any posted guidelines or rules applicable to any such services which may be posted from time to time.

By signing up as a contractor with Basement Depot and www.basementdepot.com and submitting your information to our database, you acknowledge, certify, and/or agree that:
  1. Your company will be listed as “provisional” until all requirement set forth within this agreement have been met.


  2. Your company must have been in business for at least 1-year


  3. Your company is licensed in the state(s) in which it does business if so required by the State(s). You will provide a copy of all such licenses with 15 days of starting up to be an accredited contractor.


  4. Your Company must agree and adhere to the NAWSRC Ethics and Industry Standards.


  5. Your company must be properly insured - General Liability, Auto, and Workers's Compensation, if you have employees and products liability insurance is your company manufactures or resells the products it sells.


  6. You will provide Basement Depot with a Certificate of Insurance, as for each policy, within 15-days of signing up to be an accredited contractor. Certificates may be faxed or emailed. The contractor must maintain their insurance coverage and notify us of any insurance changes, renewals and non-renewals or casualties promptly, keep these records to maintain their status as an accredited contractor.


  7. You will answer any consumer complaints with 48 hours and report the complaints and your answers to Basement Depot in writing (or by e-mail) within 10 business days. Failure to address any complaint within this time frame will result in automatic suspension.


  8. You will reimburse Basement Depot the total amount to cover a claim of any customer who purchased a Buyer Protection Plan (“a covered customer”), but only after a consumer complaint has been filed, an investigation by Basement Depot determines that it was the contractor's responsibility to correct the problem, the contractor is forced to resolve the matter, the customer hires another contractor to correct the problem, and a claim is made under the Basement Depot Buyer Protection Plan.

    The contractor that completes a project to the “covered consumers” satisfaction will receive payment from Basement Depot amounting to 10% of the Buyer Protection premium paid.


  9. You authorized Basement Depot to charge your credit card for any charges, fees, and/or expenses incurred at Basement Depot in association with your participation. If a credit card is not on file, you agree to pay Basement Depot within 14 days of receiving a bill.


  10. You will pay the webmaster at Basementdepot.com or Bay State Internet Services for services performed on your behalf, including by not limited to, correcting mistakes and errors you entered into the system at a rate of $45.00 per hour and a minimum incident charge of $25.00.


  11. Your contractors listing on Basement Depot may be suspended temporarily or permanently for justifiable cause, including but not limited to any violation of the guidelines set forth by Basement Depot.


  12. The relationship between you and www.basementdepot.com shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and www.basementdepot.com agree to submit to the personal and exclusive jurisdiction of the courts located within Bristol County in the State of Massachusetts. The failure of the Basement Depot, www.basementdepot.com, or Bay State Internet Services to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.


  13. UNDER NO CIRCUMSTANCES SHALL THE BASEMENT DEPOT, WWW.BASEMENTDEPOT.COM, BAY STATE INTERNET SERVICES OR THEIR AFFILIATES, AGENTS, EMPLOYEES, PROFESSIONALS, CONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF WWW.BASEMENTDEPOT.COM, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES FO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE BASEMENTDEPOT, WWW.BASEMENTDEPOT.COM, BAY STATE INTERNET SERVICES, AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE BASEMENT DEPOT, WWW.BASEMENTDEPOT.COM, BAY STATE INTERNET SERVICES, AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE.


  14. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BASEMENT DEPOT, WWW.BASEMENTDEPOT.COM, AND BAY STATE INTERNET SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    b.THE BASEMENT DEPOT, WWW.BASEMENTDEPOT.COM, AND BAY STATE INTERNET SERVICES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENT, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.


  15. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BASEMENT DEPOT, WWW.BASEMENTDEPOT.COM, AND BAY STATE INTERNET SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BASEMENT DEPOT, WWW.BASEMENTDEPOT.COM, AND BAY STATE INTERNET SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.