LocalFix Provider Agreement (Pilot)
This Provider Agreement ("Agreement") is between Daniel Combs, doing business as LocalFix ("LocalFix") and the service provider named below ("Provider"). It takes effect on the date Provider signs it.
1. What LocalFix does
1.1 LocalFix finds homeowners in and around Flower Mound and Lewisville, Texas who need home services, and offers those jobs to providers. During the pilot, LocalFix may find and handle requests through Facebook, Messenger, text, phone, email, or the LocalFix app.
1.2 Job-finding service. While this Agreement is in effect, LocalFix will watch local online community groups, including Facebook groups, and other sources for requests that match Provider's trade(s) and service area, and will offer matching jobs to Provider under Section 2. LocalFix does not promise any number of jobs. Jobs found this way go into an open pool offered to all matching providers, and this open-pool service is included at no extra charge beyond the fee in Section 4.
1.3 A "Referred Customer" is any homeowner or other person whose job LocalFix offers to Provider and Provider accepts.
1.4 LocalFix is not a party to the work. The contract for the work is between Provider and the Referred Customer. LocalFix does not perform, supervise, or guarantee the work.
2. Accepting a job
2.1 LocalFix may offer a job to more than one provider at the same time. The first provider to accept gets the job, unless LocalFix tells Provider otherwise.
2.2 Accepting a job means Provider agrees to contact the Referred Customer promptly and to quote and perform the work under this Agreement.
2.3 Provider may decline any job without penalty.
3. Communication goes through LocalFix
3.1 All quotes, estimates, scope changes, change orders, scheduling, and final pricing for a Referred Customer's job must be communicated through LocalFix, or in a group thread, email, or text that includes LocalFix.
3.2 Provider will not give the Referred Customer a quote or price outside of LocalFix, or ask the customer to deal with Provider directly to avoid LocalFix.
3.3 If the Referred Customer contacts Provider directly about the job or any new work, Provider will copy LocalFix or tell LocalFix within 2 business days.
4. Fee
4.1 Provider will pay LocalFix a fee of twelve percent (12%) of the Final Price of each job with a Referred Customer.
4.2 The "Final Price" is the total amount the Referred Customer agreed to pay for the work, as last confirmed through LocalFix under Section 3, including labor, materials, and any approved changes, but not sales tax. Provider will report the Final Price to LocalFix within 2 business days after the job is finished. LocalFix may confirm the Final Price with the Referred Customer.
4.3 LocalFix does not charge lead fees, sign-up fees, or monthly fees. Provider owes nothing for jobs it declines or for jobs that are cancelled before any work is done.
4.4 LocalFix will invoice Provider for the fee. Provider will pay each invoice within 7 days by the payment method shown on the invoice.
4.5 If a Referred Customer does not pay Provider in full, Provider must tell LocalFix within 14 days, and the fee will be based on the amount actually collected.
5. Repeat work with Referred Customers
5.1 For 12 months after LocalFix first refers a customer to Provider, the 12% fee in Section 4 also applies to any other paid work Provider does for that Referred Customer at the same property, whether or not LocalFix arranged it ("Repeat Work").
5.2 Provider will report Repeat Work to LocalFix within 2 business days after it is finished.
5.3 This section does not stop Provider from working for anyone, including Referred Customers. It applies only to customers LocalFix introduced, only for the period above, and only to collect LocalFix's fee.
6. Customer information
6.1 LocalFix will share Referred Customers' names, contact details, addresses, and job details with Provider. This information is confidential and belongs to LocalFix and the customer.
6.2 Provider will use it only to quote and perform the job, and will not sell it, share it, or use it to market to the customer except as allowed in Section 5.
7. Licenses, insurance, and conduct
7.1 Provider is responsible for holding every license, permit, and registration the work requires. This includes, where they apply, a Texas State Board of Plumbing Examiners license for plumbing work and a Texas Department of Licensing and Regulation license for HVAC (air conditioning and refrigeration) or electrical work.
7.2 Provider will keep general liability insurance of at least $300,000 per occurrence, plus any insurance its trade license requires, while accepting LocalFix jobs and will send proof on request.
7.3 Before Provider's first job, LocalFix may check Provider's licenses and insurance. A check by LocalFix is not an endorsement or guarantee of Provider's work.
7.4 Provider will treat Referred Customers professionally and honestly and follow all applicable laws.
8. Independent business
Provider is an independent business, not an employee, partner, or agent of LocalFix. Provider controls how, when, and with whom it does the work, sets its own prices, supplies its own tools and workers, and is responsible for its own taxes.
9. Responsibility for the work
9.1 Provider is solely responsible for the quality and safety of the work and any warranty given to the customer.
9.2 Provider will defend and indemnify LocalFix against claims, losses, and costs, including reasonable attorneys' fees, arising from Provider's work, workers, or breach of this Agreement.
9.3 LocalFix's total liability to Provider under this Agreement will not exceed the fees Provider paid LocalFix in the 3 months before the claim.
10. Records
Provider will keep records of the quotes, invoices, and payments for Referred Customers' jobs for 12 months and share them with LocalFix on reasonable request to confirm fees owed.
11. Ending the Agreement
11.1 Either party may end this Agreement at any time with written notice, including by text or email.
11.2 Fees owed for jobs already accepted, and Sections 3, 4, 5, 6, 9, 10, and 12, continue after the Agreement ends.
11.3 LocalFix may stop offering jobs to Provider at any time, including for breach of Section 3, 4, or 5.
12. General
12.1 This Agreement is governed by Texas law. Any dispute will be handled in the courts of Denton County, Texas.
12.2 If any part of this Agreement is found unenforceable, a court may narrow it to the extent needed, and the rest stays in effect.
12.3 This is the entire agreement between the parties about LocalFix referrals. LocalFix may update its fees or terms with 30 days' written notice, and updates apply only to jobs accepted after the notice period.
12.4 The parties agree to sign electronically, and an electronic signature has the same effect as a handwritten one.
Signing. Provider signs this Agreement electronically by entering the signer's name and business details and checking the agreement box on the LocalFix sign-up form. LocalFix records the signer's name, business name, trade(s), service area, license number(s), phone, email, the date and time, and this Agreement's version, and that record is Provider's signature under Section 12.4. LocalFix accepts this Agreement by offering Provider a job.