Terms & Conditions Agreement
Important legal notice:
For the purpose of conducting a home referral service through a website or other media, HOME SERVICES PANAMA is and shall be the customer-facing identity of THREE TREASURES S.A. in Panamá. Note that both identities are transposable throughout this and all future Terms & Conditions/Agreements as well as all business-related dealings between either of these identities AND the SERVICE PROVIDER. Notwithstanding the distinction between “customer-facing” and “business-facing”, the preferred identity known as HOME SERVICES PANAMA will hereafter be used solely to avoid ambiguity in the manner in which the SERVICE PROVIDER views its interaction in the referral process while accepting that all liability-related or legal issues between the two remain solely with THREE TREASURES S.A.
In consideration of HOME SERVICES PANAMA granting revocable permission to the SERVICE PROVIDER (hereafter referred to as SERVICE PRO) to make use of or access the Website of HOME SERVICES PANAMA, its links, or any information contained therein, the SERVICE PRO acknowledges that he/she has read, understood, and agrees to be bound by the terms, conditions, and notices contained herein and with the same legal force as if the SERVICE PRO had signed this Agreement in person. It is further understood that it is the responsibility of the SERVICE PRO to review this Agreement from time to time as it is subject to modification, amendments or replacement at the sole discretion of HOME SERVICES PANAMA. This Agreement shall also govern other aspects of the relationship between HOME SERVICES PANAMA and the SERVICE PRO beyond the use of the Website, as described herein; such aspects are hereby acknowledged by the SERVICE PRO, who agrees to be bound by its terms and conditions in the same manner as permission to access the Website.
HOME SERVICES PANAMA acts as a referral service for in-home jobs required by its MEMBERS (Homeowners) and offers vetted SERVICE PROS who have pre-agreed to service specific Provinces and areas within Panamá with the opportunity to provide an estimate or quotation for job(s). It provides this referral service without ANY charge to its MEMBERS and without any costs to join, advertising fees, or subscription fees to the SERVICE PRO.
The SERVICE PRO shall not be permitted to solicit business through a MEMBER whether for that MEMBER or an indirect referral from that source but shall instruct the MEMBER to contact HOME SERVICES PANAMA for all job referrals.
The SERVICE PRO accepts that HOME SERVICES PANAMA does not represent any contractor or SERVICE PRO exclusively and may provide to its MEMBERS a maximum of four separate quotations for a single job requirement. HOME SERVICES PANAMA makes no preferential recommendation to the MEMBER other than what has been submitted as a review by other MEMBERS and certain details of what has been provided to HOME SERVICES PANAMA as profile information by and in reference to the SERVICE PRO.
When a MEMBER submits a request for in-home services, HOME SERVICES PANAMA—through its database—shall select all registered SERVICE PROs in the geographic service area and submit to each such SERVICE PRO a detailed job description and job initiation time frame so that the SERVICE PRO may provide an estimate or quotation for such work in his geographically-serviced area, based on his availability and interest. HOME SERVICES PANAMA has an obligation to the MEMBER to issue a time-response restraint on the SERVICE PRO to submit an estimate/quotation for a referred job, such job referral to be posted to the SERVICE PROs simultaneously (or within minutes of each other), on the “SERVICE PRO Central” LOG-IN link to the Website and/or through direct email to the SERVICE PRO, and/or via Whatsapp, and/or by telephone call, as appropriate. Such time limit is governed by the needs of the MEMBER and—as a general rule—a quotation is required within 48 hours from time of posting but may be a shorter period if the in-home service is an emergency or may be longer if the MEMBER is not in a hurry to start the job. Should the SERVICE PRO exceed the specified time limit for responding with a quotation and the consequence is such that the MEMBER contracts an alternate SERVICE PRO, it holds harmless HOME SERVICES PANAMA from any liability or loss of potential business.
The SERVICE PRO may not quote or charge more for a referred service job to a MEMBER than he would charge to the same MEMBER had the SERVICE PRO or the MEMBER not been affiliated with HOME SERVICES PANAMA. It is the responsibility of the SERVICE PRO to factor into his job quotation the cost for transporting workers or materials to the property of the MEMBER and may not add this as a surcharge.
Due to the advantages of a SERVICE PRO registering with HOME SERVICES PANAMA and to network through them with no advertising fees, no costs to join, and no subscription fees, the SERVICE PRO agrees to assign to HOME SERVICES PANAMA a portion of its revenue (a Revenue Share) for the referred jobs it receives through HOME SERVICES PANAMA. The manner and amount in which this Revenue Share of the SERVICE PRO is paid to HOME SERVICES PANAMA is subject to the agreement between both parties under separate contract/letter of agreement and shall be binding to both parties, unless modified in writing.
In order to be competitive, it is recommended that the SERVICE PRO, in his estimate or quotation for a referred job, consider this minimal Revenue Share to be paid or assigned to HOME SERVICES PANAMA a consideration of the advertising savings and other benefits and will not pass this cost onto the MEMBER as part of or absorbed into the estimate/quotation. While HOME SERVICES PANAMA cannot or does not dictate that the SERVICE PRO accept this as an option, it is in the best interest of the SERVICE PRO to absorb the Revenue Share to gain more business and more repeat business in the future.
HOME SERVICES PANAMA requires of its MEMBERS to provide as much detailed information as practical on the specifics of the service job required so that the SERVICE PRO can give an accurate quotation for consideration of the MEMBER. In the case where the SERVICE PRO does not or cannot give a quotation but substitutes an estimate of the cost to provide specific in-home service, such estimate should, for the protection of the SERVICE PRO and the satisfaction of the MEMBER, be accurate within ten percentage points (10%) of the final cost unless the MEMBER and SERVICE PRO mutually agree, preferably in writing, to a final cost in excess of the estimate at any time as the job progresses or upon completion of the job, or if the MEMBER adds additional work to the initial job specifications.
The SERVICE PRO agrees to provide to HOME SERVICES PANAMA an accurate and complete copy of the final invoice for services rendered to a MEMBER upon completion of each job referral. The final invoice shall be inclusive of any additional work contracted outside the initial estimate or quotation and shall form the basis of Revenue Share to be compensated to HOME SERVICES PANAMA by the SERVICE PRO according to the contract agreement arranged between the two parties.
In the case where it has been agreed that HOME SERVICES PANAMA may receive directly from a MEMBER a form of Pre- Payment covering its share of SERVICE PRO revenue (based on the job quotation or estimate provided by the SERVICE PRO, acceptance of quotation or estimate by the MEMBER, and percent agreed as Revenue Share for the specific job) together with any amount expressed as necessary by and to the needs of the SERVICE PRO in order to guarantee a minimal amount of work material to start the job, the SERVICE PRO shall provide to HOME SERVICES PANAMA its banking information so that monies in excess of the entitled and agreed upon Revenue Share due HOME SERVICES PANAMA may be remitted from the Pre-Payment to the SERVICE PRO upon scheduling of the referred job or commencement thereof.
The SERVICE PRO is not an employee of HOME SERVICES PANAMA or its registered, business-facing company or any of its affiliates or agents and as such, HOME SERVICES PANAMA is not liable for payment, in part or full, for services provided by the SERVICE PRO to any MEMBER. HOME SERVICES PANAMA is likewise not liable for any injury to persons (the SERVICE PRO, his representatives, employees, or sub-contractors) or to the MEMBER (including any of their family or any pets), or for damages to property of either the SERVICE PRO or the MEMBER in the commission of the referred job. The SERVICE PRO shall hold harmless HOME SERVICES PANAMA, and/or its registered company, and/or any of its owners, officers, managers, employees, affiliates or agents for any damages or injuries as stated above, during or at any time thereafter related to the referred job. It is hereby recommended, therefore, that the SERVICE PRO be adequately protected for any claims including but not limited to the above by obtaining adequate liability or workers compensation insurance. Priority for referral of jobs to the SERVICE PRO through HOME SERVICES PANAMA may be given to SERVICE PROs who have submitted a copy of a valid liability insurance policy or renewal thereof. If a SERVICE PRO does not obtain or maintain adequate liability insurance for his work, HOME SERVICES PANAMA has the right but not the obligation to so inform the MEMBER before acceptance of any estimate/quotation and depends entirely on the truthfulness of statements from the SERVICE PRO of such valid insurance.
Any disputes of workmanship or payment for services is between the MEMBER and the SERVICE PRO and it is acknowledged by all parties that the MEMBER decides which quotation to accept and hires the SERVICE PRO directly. The relationship between the SERVICE PRO and the MEMBER is contractual with HOME SERVICES PANAMA acting only as a referral for such service. Because HOME SERVICES PANAMA cannot guarantee either the work performed by a SERVICE PRO or payment(s) made by the MEMBER as contracted between the two, it shall, at the request of either the SERVICE PRO or the MEMBER, act in a minimal manner to assist in dispute resolution. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
SERVICE PROs acknowledge that MEMBERS are encouraged to submit an evaluation on any SERVICE PRO with whom they had made contact as a referral through HOME SERVICES PANAMA or any other source or had any first-hand experience regardless if the job was started or completed or not. While such reviews may assist other MEMBERS in deciding which SERVICE PRO to hire for their in-home job, HOME SERVICES PANAMA does not endorse and is not responsible for any MEMBER evaluation. The SERVICE PRO acknowledges this prerogative and will hold harmless HOME SERVICES PANAMA or its legal entity, or any of its owners, officers, managers, employees, or affiliates for the content of any review by any of its MEMBERS. The SERVICE PRO relinquishes any right to view, receive, or demand access to any reviews; notwithstanding, and at the discretion of HOME SERVICES PANAMA, a MEMBER’s general observation may be discussed with the SERVICE PRO to help resolve conflict or if such comment may result in a better quality of service in future jobs performed by the SERVICE PRO. Any MEMBER comments, if posted on any of the WEB pages of HOME SERVICES PANAMA, or disseminated in any manner by HOME SERVICES PANAMA, or otherwise communicated shall not be attributed to a named MEMBER unless the MEMBER so agrees in writing. Any comments made by a MEMBER that contains language that violates the standards of good taste or the standards of the Website, as determined by HOME SERVICES PANAMA, in its sole discretion, may be removed from view.
The SERVICE PRO has the option to take advantage of submitting to HOME SERVICES PANAMA advertising content as a Special Offer for display on the Website under the link “DEALS” and through direct email promotions by HOME SERVICES PANAMA to its MEMBERS from time to time. Such Special Offers are subject to review and approval by HOME SERVICES PANAMA before acceptance and may be modified as to content without approval of or notice to the SERVICE PRO. Such modification shall be limited to space availability on the Website and appropriateness as determined solely by HOME SERVICES PANAMA but shall neither be modified in its scope of work nor pricing. Also, any Special Offers must be for services for which the SERVICE PRO has pre-registered with HOME SERVICES PANAMA and in the areas he has pre-selected to provide in-home service. The SERVICE PRO accepts that any Special Offer or DEAL must be time sensitive within a 30-day period and is limited to two (2) DEALS per calendar year for one (1) service on any single occasion.
The SERVICE PRO is not permitted to link the Website of HOME SERVICES PANAMA or any of its links to any other entity, including but not limited to the SERVICE PRO’s own personal/Corporate website and may not use any content for its own personal or business use.
The SERVICE PRO acknowledges and agrees that he/she can neither require HOME SERVICES PANAMA to place the SERVICE PRO on its list of referrals nor remove the SERVICE PRO. The SERVICE PRO further acknowledges and understands that it is not a MEMBER of HOME SERVICES PANAMA, cannot refer to itself as a MEMBER and it is not afforded the same access to the Website as a MEMBER nor the benefits afforded to a MEMBER.
HOME SERVICES PANAMA may cease or cancel referrals to any SERVICE PRO at any time without expressive cause. Likewise, the SERVICE PRO may cease its relationship with HOME SERVICES PANAMA, using its services, or accessing its Website at any time, upon notification in writing to the latter, with the exception of the obligation to remit to HOME SERVICES PANAMA its contractual share of SERVICE PRO revenue on any referral jobs in progress or completed prior to the termination. Neither party assumes any legal liability for such cancellation.
The SERVICE PRO hereby represent and warrants to HOME SERVICES PANAMA that all information provided to HOME SERVICES PANAMA is true, complete, and accurate in all respects and at all material times and that the SERVICE PRO is authorized to submit information to HOME SERVICES PANAMA. HOME SERVICES PANAMA is authorized by the SERVICE PRO to rely upon the truthfulness, completeness and accuracy of all information provided by the SERVICE PRO in order to serve its MEMBERS.
The SERVICE PRO has the sole responsibility of updating any and all of its information to HOME SERVICES PANAMA including, without limitation, the SERVICE PRO’s description and profile information.
The person agreeing to this Agreement and the Terms & Conditions on behalf of the SERVICE PRO hereby represents and warrants that he/she has the power and authority to bind the SERVICE PRO and that this Agreement and the Terms & Conditions constitutes a valid and binding agreement of the SERVICE PRO.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES OR ACCESS THE WEBSITE OF HOME SERVICES PANAMA. BY USING THE SERVICES OR LOGGING INTO THE WEBSITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THAT THE CUSTOMER-FACING NAME OF HOME SERVICES PANAMA REPRESENTS THE LEGAL ENTITY, THREE TREASURES, S.A., AND THAT YOU HAVE READ AND UNDERSTOOD THE TERMS & CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY SAID TERMS & CONDITIONS.