Steady Install, Inc. Terms of Service
The terms of service contained herein constitutes a legally binding agreement (the “Agreement”) between you and Steady Install, Inc. (“Steady Install,” “we,” “us” or “our”), and governs your use of the Steady Install application, website, and technology platform (collectively, the “Steady Install Platform”).
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND STEADY INSTALL, INC. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Steady Install Platform. They contain information regarding your legal rights, remedies, liabilities and obligations.
By using or accessing the Steady Install Platform you expressly acknowledge that you understand the Terms and Conditions (including the dispute resolution and arbitration provisions set forth herein) and accept all of its Terms. If you do not agree to be bound by the Terms and Conditions of this Agreement, you may not use or access the Steady Install Platform. These Terms apply to all visitors, users and others who wish to access or use the Steady Install Platform.
The Steady Install Platform
Steady Install, Inc. provides an on-demand virtual platform through which businesses (“Business”) can connect with supplemental labor (referred to herein as “Installers”) for interior installation projects (“Services”).
Businesses and Installers are collectively referred to herein as “Users.”
Creating and Using Your Account
Each User shall create a User account that enables access to the Steady Install Platform. Each person may only create one User account, and we reserve the right to shut down any additional accounts.
For the Business side, the Business will set up an account through Steady Install with certain information, including an email and other pertinent business information. Through that account, the Business will then request Services.
If a Business wants to cancel a project, it must do so 24 hours in advance of the Service start date / time. If a Business fails to do so, Steady Install reserves the right to require the Business to pay half the contract price for the assigned Service, or the price of 4 hours of completed work had the Service been completed, whichever is lower.
Any decision by the Installer to offer or accept Services is a decision made by such Installer, in their sole discretion. Each Service provided by an Installer to a Business shall constitute a separate agreement between such persons. Once a connection is made between a Business and an Installer, the applicable Installer is solely responsible for the provision of Services.
Once you have created an account, you will be able to select the days and times that you are available to be matched with a Business to provide the requested Services. If a match is made between you and a Business for Services, you will be notified of the project, and you can confirm by texting “yes” to indicate your desire to perform the Services, on the date/times requested by Business; however, due to last minute changes and cancellations from the Business, we cannot guarantee that you will actually be able to perform the project, even if you have confirmed your availability. If you do not wish to perform the Services, you can text “no” or ignore the text.
Some projects will require badging and background checks. In the event a project has one or both of these requirements, it will be stated in the initial project description.
After you accept your first project and before the project commences, Steady Install will gather your banking information in order to process payments for Services rendered. In the event your banking information changes, it is your responsibility to notify Steady Install.
If you fail to arrive for a scheduled project, we reserve the right to terminate your access to the Steady Install Platform and your right to perform any further Services. If you anticipate you cannot comply with the schedule for a project, you must text Steady Install a cancellation notice as soon as practicable and within a reasonable amount of time.
When you agree to these Terms, you acknowledge that you are accepting the terms of specific Services. Failure to meet these terms will be considered a breach. If you arrive late for your assigned project, arrive without the proper equipment, and/or are unable to meet the project demands, this will be considered a breach of contract and the Business can immediately cancel the Services without payment to the Installer.
Other General Account Terms
The Steady Install Platform may only be used by individuals who can form legally binding contracts under applicable law. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
If you wish to utilize any Service made available through the Steady Install Platform, ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
By providing your credit card information, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and that the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to Service availability, errors in the description or price of the product or service, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Payments to Steady Install by Businesses. Upon booking Services through the Steady Install Platform and receipt of the Installer’s invoice and bill, the Business shall pay Steady Install for Services. Unless different payment terms have been agreed to by Steady Install and the Business (i.e., processing via ACH), Steady Install will run the credit card on file for the amount owed. If the Business elects to pay by credit card, it will be responsible for the credit card processing fees.
Payments to Installers. You will be paid on daily increments for your work on Services, as determined before each project. You will submit proof of services rendered. You will be compensated once Steady Install receives your proof of services. The payments will be processed via ACH, unless different payment terms have been agreed to by Steady Install and the Installer. You will need to provide your banking information to Steady Install.
If you accept a project and it gets cancelled outside the 24 hour window, if Steady Install receives any fees associated with the cancelation, you will receive your proportional share.
Notwithstanding the foregoing, unless you specifically instruct Steady Install otherwise, Steady Install reserves the right to take pictures of Installers as well as the projects at the Business locations, and to use those pictures for marketing purposes.
Installer Representations, Warranties and Agreements
By providing Services as an Installer on the Steady Install Platform, you represent, warrant, and agree that:
The information you have provided to Steady Install is true and accurate;
You are able to provide Services as defined and accepted within the contract for any particular project; and
You will not drive or operate any heavy equipment while undertaking activities within the scope of your project assigned through Steady Install.
You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
Installer’s Relationship with Steady Install
You and Steady Install expressly agree that no joint venture, franchisor- franchisee, partnership, agency, or employment relationship is intended or created by this Agreement. You have no authority to bind Steady Install. As an Installer on the Steady Install Platform, you acknowledge and agree that the relationship between the parties under this Agreement is solely that of independent contracting parties.
Specifically, in compliance Arizona Revised Statute 23-1603, you understand and agree that you qualify as a Qualified Marketplace Contractor, based on the following:
You are providing services as an independent contractor and not as an employee.
All or substantially all of the payment paid to you shall be based on the performance of Services.
You are allowed to work any hours or schedules that you choose. If you elect to work specified hours or schedules, a contract may require you to perform work during the selected hours or schedules.
The Terms of this Agreement do not restrict your ability to perform services for other parties.
You bear all or substantially all of your own expenses that are incurred by you in performing the Services.
You are responsible for the taxes on your own income.
As defined herein, this Agreement may be terminated without cause by either party to the contract at any time on reasonable notice given to the other party.
Steady Install does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services or your acts or omission. You retain the option to accept or to decline or ignore a Business’ request for Services, or to cancel an accepted request for Services, via the Steady Install Platform, subject to then-current cancellation policies. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
The Service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Steady Install, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Steady Install, Inc. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are non-confidential and shall become the sole property of Steady Install, Inc.
State and Local Disclosures
We only operate in Arizona. Certain jurisdictions will require additional disclosures to you. We will update these disclosures as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
Term and Termination
This Agreement is effective upon your creation of a User account.
We may terminate or suspend your account and bar access to our platform, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Steady Install Platform, or please contact us in writing through our Help Center at Hello@steadyinstall.com with your request.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Modification to the Agreement
From time to time, Steady Install may modify the Terms and Conditions of this Agreement. In the event of a material modification, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the Steady Install Platform or Services after any such changes shall constitute your consent to such changes.
Modifications to the Steady Install Platform
Steady Install, Inc. reserves the right to change any content or information on the Steady Install Platform or discontinue the Steady Install Platform with or without providing notification to Users. You agree Steady Install, Inc. and its officers, directors, agents, investors and employees are not liable to you or any third party for any modification or discontinuance of the Steady Install Platform.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you wish to opt out of promotional calls or texts, you may text back that you wish to opt out of any future promotional calls or texts.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Links to Other Web Sites
The Steady Install Platform may contain links to third party web sites or services that are not owned or controlled by Steady Install, Inc.
Steady Install, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Steady Install, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Steady Install, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Steady Install Platform, by you or any person using your account and password; b) a breach of these Terms, c) any Services provided through the Steady Install Platform; d) any allegation that any materials that you submit to us or transmit through the Steady Install Platform infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Steady Install facilitates communications and connections for Services between the Business and Installer, but we do not provide interior installation services, nor do we have any control over an Installer’s provision of Services.
Your use of the Steady Install Platform is at your sole risk. Steady Install, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Steady Install Platform will function uninterrupted, secure or available at any particular time or location; b) the Steady Install Platform is free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
The Steady Install Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We do not guarantee and do not promise any specific results from use of the Steady Install Platform. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
In no event shall Steady Install, Inc., nor its officers, directors, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with: your use of (or inability to use) the Steady Install Platform; any Services provided; any conduct or content of any User or third party on the Service; and/or unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Conduct of Users
Steady Install is not responsible for the conduct, whether online or offline, of any User of the Steady Install Platform. You are solely responsible for your interactions with other Users. By using the Steady Install Platform, you agree to accept such risks and agree that we are not responsible for the acts or omissions of other Users.
We are not responsible for the use of any personal information that you disclose to other Users on the Steady Install Platform or through the provision of Services. Please exercise care regarding the type of information that you disclose or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
We reserve the right, but we have no obligation, to monitor the information posted on the Steady Install Platform and to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Disputes Between Users
Steady Install does not and cannot make any representation as to the suitability or fitness of any Business, Installer or other individuals with whom you may decide to interact on or through the Steady Install Platform, nor does it or can it make any representations as to the accuracy or suitability of any information or recommendations made by any individual about any User. Any and all interactions between Installers and Businesses through the use of the Steady Install Platform are solely between you and the other individuals and/or businesses, including the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings.
It is your personal choice to decide whether to use the services of an Installer or other service provider, to provide services to a Business, or to use information contained on the Steady Install Platform. Steady Install is under no obligation to become involved in any dispute that may arise between Users of the Steady Install Platform, or about or pertaining to any Services provided. Should a dispute arise between you and any User or third party, you hereby release us, our officers, directors, employees, partners, agents, and affiliates, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services.
With respect to your use of the Steady Install Platform and your participation in the Services, you agree that you will not:
impersonate any person or entity or other User;
drive on or during a projector operate forklift/heavy equipment if you are an Installer (any driving or operating heavy equipment is considered beyond the scope of any Services);
threaten or harass any person or entity in any way;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Steady Install Platform or the servers or networks connected to the Steady Install Platform;
use the Steady Install Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Steady Install Platform;
“frame” or “mirror” any part of the Steady Install Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Steady Install Platform or otherwise try to derive the source code of the Steady Install Platform;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification to any other party;
override or attempt to override any security component on the Steady Install Platform; and/or
cause any third party to engage in the restricted activities above.
Dispute Resolution and Arbitration Agreement
You and Steady Install, Inc. mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Steady Install ends. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Steady Install, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, all disputes and claims between us (each a “Claim” and collectively, “Claims”) shall be exclusively resolved by binding arbitration solely between you and Steady Install. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Steady Install Platform, the Services, any other goods or services made available through the Steady Install Platform, your relationship with Steady Install.
All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
By agreeing to arbitration, you understand that you and Steady Install are waiving the right to sue in court or have a jury trial for all Claims, except as expressly otherwise provided in this Arbitration Agreement. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Class Action Waiver
You understand and agree that you and Steady Install may each bring Claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“Class Action Waiver”).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Except as otherwise provided in this Arbitration Agreement, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. Neither you, nor any other user of Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Businesses or Installers, but is bound by rulings in prior arbitrations involving the same Businesses or Installers to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
Arbitration Fees and Awards
So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Location of Arbitration
Either you or Steady Install may initiate arbitration in Arizona or the federal judicial district that includes your billing address.
Exceptions to Arbitration. This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; and (2) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions; provided, however that the arbitration provision set forth above shall be governed by the Federal Arbitration Act.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We are committed to protecting the data of all Users. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.
If you have any questions about these Terms, please contact us.