TERMS AND CONDITIONS
- INTRODUCTION TO TERMS OF SERVICE AND CONDITIONS
SavvyNow.com (“SAVVY” or “WebService”) is run by Cloud Collective, Inc. (“Cloud Collective” or “Company”) a Vancouver, British Columbia Corporation. Use of SAVVY is dependent on agreeing to the subsequent SAVVY Terms and Conditions (“T&C” or or “Terms”). Use of the Web Service is an agreement to all T&C outlined. SAVVY reserves the right to amend the T&C. Amendments will be made public in the T&C and active once posted.
- SAVVY PROVIDER REPRESENTATION
- Providers Providers of services to Clients on SAVVY have been screened regarding their background credentials. Education, skill-level, and other provider information are offered on a volunteer basis by the provider and are certified by outside agencies when designated next to the information. SAVVY makes no guarantees regarding the identities or representations of providers on SAVVY, and Providers are not employees of SAVVY, but independent contractors used directly by clients of SAVVY (such clients using the services of Providers referred to herein as “Clients”). SAVVY is not responsible for Provider’s work. SAVVY does not officially endorse the use of any particular Provider but may highlight certain Providers more prominently. Agreements for work and payment occur between Clients and Providers with SAVVY as an intermediary. It is up to the Client and Provider to establish the terms of their relationship beyond their respective use of SAVVY. Contracts and associations between Clients and Providers are bound to applicable national, federal, state or local laws. Disagreements between Clients and Providers are the domain of Clients and Providers.
- Use of SAVVY constitutes a release of liability, damages, and claims of all kinds between Clients and Providers. For the avoidance of doubt, such waiver includes a waiver of all future liability, damages and claims of any kind that may result due to the failure of a product or service provided and/or installed by a Provider. Use of SAVVY predicates upon your acceptance of the T&C and acknowledgement of this condition.
- SAVVY’s background check (Verification) is composed of:
- a) Using leading background search firms to establish a verification of identity based on social security number, previous work history, previous addresses and criminal history. SAVVY reserves the right to not allow Providers to post a profile and transact on the platform based on this information. SAVVY’s use of this information is not for employment since SAVVY does not employ Providers.
- b) License information may post to SAVVY and hold verification by third parties but SAVVY does not verify licenses directly.
- c) Skill levels may post to SAVVY and hold verification from third parties but SAVVY does not verify skills directly.
- d) Insurance and Bonding information may post to SAVVY and hold verification from third parties but SAVVY does not verify insurance and bonding directly.
- e) SAVVY does not claim to verify all Providers on its Web Service, but Providers verified by SAVVY are entitled to show Verification.
- f) Providers rejected due to unsatisfactory qualifications ascertained via the review process are entitled to a one-time appeal for verification.
- SAVVY’s verification practices can change and at the discretion of SAVVY. Changes will post to the T&C
- The quality of information gleaned from verification procedures is not guaranteed and may change after SAVVY searches for said verifications. SAVVY only claims to perform searches during a Providers initial application to use SAVVY.
- SAVVY does not claim or guarantee in relation to verification procedures or any warranties associated with verifications of use of a Provider. This is governed by an understanding that verifications do not guarantee and are not limited to implied warranties of fitness for a particular purpose, sufficient standards, or timeliness and veracity.
- SAVVY recognizes that Providers are utilizing their highly technical skills while operating as an independent business for their own accounts. As a provider:
- a) You are fully allowed and encouraged to advertise for or pursue other jobs outside of SAVVY. SAVVY does not control or prohibit you from performing work outside of SAVVY job notifications.
- b) Unless otherwise stated, you will be paid by the job and not by the time on-site.
- c) You are fully allowed and encouraged to find the optimal method and manner of accomplishing jobs on SAVVY. SAVVY will not train you on how to perform computer repair, TV mounting, or other jobs, nor will SAVVY control how you decide to perform a job. Instead, you must perform your own independent judgments on the job site that include the sequence of work and what materials to purchase in order to complete the job. SAVVY explicitly gives up the right to control the details of a worker’s performance.
- d) You must supply your own tools, which may consist of (but is not limited to) TV mounts, code compliant wire concealers, stud checkers, paid or free virus removal software, and paid or free computer tune-up software. SAVVY does not control or provide the instrumentalities, tools, and the place for you to do work.
- e) You must supply your own vehicle of transportation. SAVVY does not control or provide transportation for providers.
- f) If work is required off-site from the client, you must supply your own space. SAVVY will not provide space to store your equipment or materials.
- g) SAVVY’s integral business is remote technical support. You must acknowledge that the on-site work you are performing work is merely a facet of SAVVY’s operations which is not wholly integral to SAVVY’s core business.
- h) You will not necessarily be interviewed before joining, and are not required to undergo extensive training by SAVVY.
- i) You are free to claim as many or as few jobs as you wish.
- j) You are free to turn down jobs for any reason, including (but not limited to) because you are too busy with other jobs not originating from SAVVY.
- k) You are allowed and encouraged to hire additional workers as you see fit, especially in the case of TV mountings and other jobs that might require additional on-site workers.
1) SAVVY only requires that additional workers pass a background check.
2) SAVVY does not control who and when to hire along with how much to pay additional workers. These factors are left to the sole discretion of your independent business.
- l) You and SAVVY are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- m) SAVVY does not control appointment times, but merely passes the client’s requested appointment windows directly to you. You are free to work whenever you want, and set appointment times that are optimal between you and the client.
- You agree to indemnify and hold SAVVY harmless from any and all liability, damages and/or claims of any kind that result from the provision of your services to the Client. This indemnity includes, but is not limited to, any future liability, damages and/or claims and/or products that you may install.
- USE OF THE WEB SERVICE
- SAVVY reserves the right to revoke access to the Web Service. Circumventing SAVVY’s intentions or an abuse of the Web Service can constitute banishment from use of the Web Service. This may include standards of good taste as deemed by SAVVY and appropriate jurisdictional laws. SAVVY maintains its rights at all times to terminate use of the Web Service, and to begin legal actions and proceedings to seek remedies and damages relating to but not limited to repairs, lost revenue, legal fees, costs, and injunctions.
- Use of the Web Service by Clients and Providers bounds them to acceptance of the following conditions
- a) Clients and Providers are required to maintain transactions on SAVVY if initiated on or by SAVVY. Any violation of this voids Clients and Providers of use of SAVVY and of any advocacy performed on behalf of Clients or Providers in disputes.
- b) Subsequent business between a Client and Provider must recur on the SAVVY platform for 1 year.
- CANCELLATION POLICY
- If SAVVY is unable to successfully complete an individual service ordered within the 30-day return period, the Client will have an additional 30 days from the point of service to alert the Company. The Client will not be held responsible for charges associated with unsuccessful service attempts and may request a full refund for the Support Plan within this extended 30-day period if, and only if, the Company hasn’t performed any separate, successful services within this timeframe, in which case the Client will be responsible for any fees as spelled out in the previous paragraph.
- The Client may cancel their Support Plan and seek a full refund if the cancellation occurs within 30 days of the date of purchase. Refunds requested both within, and after, said 30-day time frame will be assessed on the following terms:
- a) If the Client makes use of the Support Plan within the 30-day cancellation period, the fee for any successfully completed in-home service(s), plus the fee for the highest-priced remote service (per individual device), will be assessed. If the individual service fees assessed are less than the original fee collected for the Support Plan, the Client will receive a refund for the difference in this amount. Subsequently, the Client will be responsible for any fees that exceed the amount originally charged for the Support Plan.
- b) Beyond the 30-day return period, the Client is responsible for any Support Plan setup and recurring fees pertaining to time elapsed without regard to usage. The Client may cancel at any time, and in the event that the Client made no use of the Support Plan within this timeframe, fees will be assessed in monthly time segments. The Client will be refunded any amount that exceeds fees accrued for the time elapsed. The Client must request cancellation before the start of a new calendar month to avoid fees for that monthly time segment.
- CLIENT AND PROVIDER FEEDBACK AND REVIEWS
- Providing reviews and feedback to SAVVY (respectively “Reviews” and “Feedback”) is an agreement of:
- a) Actual experiences with the subject in question.
- b) Veracity to your fullest understanding.
- c) Interest-free and unbiased participation in the Client Provider relationship which can include competitor status, family relation or commercial interest.
- d) SAVVY ultimately sees fit how it handles Feedback and Reviews in accordance with appropriate jurisdictions.
- e) Feedback and Reviews will not be used to slander, behave inappropriately and commit profanities or promote illegalities.
- f) SAVVY requires that reviews remain pertinent to the service in question.
- Feedback and Reviews are hosted by SAVVY but are not officially endorsed by SAVVY. SAVVY and its extended company affiliations, including parent, subsidiaries, employees, directors, officers, and shareholders are not responsible for the content of Feedback and Reviews. SAVVY holds no responsibility regarding content on its site.
- SAVVY, WEB SERVICE, CONTENT, INFORMATION, AND COMMUNICATION
- Content posted by Clients and Providers on SAVVY (the “Content”) gives:
- a) SAVVY and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.
- b) SAVVY and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and
- c) Represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute or you otherwise have the lawful right to post and distribute such Content to or through the Web Service; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
- You further grant SAVVY the right to pursue at law any person or entity that violates your or SAVVY’s rights in the Content by a breach of the T&C.
- Content submitted by users of the Web Service will be considered non-confidential and SAVVY is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, SAVVY reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post . SAVVY is under no obligation to offer you any payment for Content that you submit. Additionally, SAVVY is further under no obligation to offer you the opportunity to edit, delete or otherwise modify Content once it has been submitted to SAVVY. SAVVY shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
- All of the content and information on the Web Service is the sole and exclusive property of SAVVY, including but not limited to Provider information, Feedback, and Reviews, as well as any Content you post. You acknowledge and agree that you have no right to reproduce, publish, or otherwise use such information other than for your personal use relating your evaluation of any Providers. You further acknowledge and agree that a violation of the foregoing could result in substantial damages, and that you are liable to SAVVY for any such damages, and you will indemnify SAVVY in the event of any third party claims against SAVVY based on or arising from your violation of the foregoing.
- Intentionally inputting false information is serious and fraudulent that may result in costs and damages to SAVVY, its partners, Providers, and users of the Web Service. Loss of time, and expenses, can result in regulatory fines and penalties. You will be held responsible for damages, direct and punitive, consequential, and regulator and judicial fines or penalties that arise from intentional, misleading, harmful and fraudulent activity, along with appropriate legal fees and cost and expense.
- COPYRIGHT TERMS
- SAVVY uses the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act (“DMCA”). The address of SAVVY’s designated agent to receive notification of claimed infringement (“Designated Agent”) is provided below. It is SAVVY’s policy to respond to notices of alleged copyright infringement that comply with the DMCA and to terminate the accounts of those determined to be “repeat infringers” in accordance with the below.
- Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Web Service, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
- a) Identification of the copyrighted work that you claim has been infringed;
- b) Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit SAVVY to locate such Content;
- c) A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- d) A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- e) Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
- Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
- a) Identification of the Content that was removed, and the location on the Site where it would have been found before its removal;
- b) A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
- c) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside Canada, for any judicial district in which SAVVY is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
- d) Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
- Please contact the Designated Agent at the following address:
Cloud Collective, Inc., 619 – 602 West Hastings Street, Vancouver, BC, Canada, V6B 1P2
Email: firstname.lastname@example.org Phone: (604) 229-2601
- We will review and address all notices that comply with the requirements above. Please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
- Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, SAVVY has adopted a policy of terminating, in appropriate circumstances and at SAVVY’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. SAVVY may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- THIRD PARTY URLS.
The URLs contained in the Web Service may direct you away from the Web Service to third party sites. Such third party sites are not under the control of SAVVY and SAVVY is not responsible for the content or functionality of any such third party sites. Furthermore, SAVVY does not endorse any such third party site.
You agree to indemnify SAVVY, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney’s fees, made by any third party due to or arising from your use of the SAVVY services or in connection with SAVVY or your violation of these Terms, or arising from your violation of any rights of a third party.
- ADDITIONAL PROVISIONS
- You acknowledge and agree that the SAVVY services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and SAVVY’s sole obligation to you or any third party for any claim arising out of your use of the SAVVY services or the Web Service, is that you are free to discontinue your use of the Web Service at any time. Except as expressly set forth herein, SAVVY expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that SAVVY shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if SAVVY has been advised of the possibility of such damages) arising out of the use of the web service or any consequences which flow from it. Some states and provinces do not allow limitations on or exclusion of incidental or consequential damages. In such states and provinces, the above exclusions may not apply to you.
- The Terms will inure to the benefit of SAVVY’s successors, assigns and licensees.
- If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.
- The failure of SAVVY to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SAVVY services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- The section titles in these Terms are for convenience only and have no legal or contractual effect.
- The T&C are governed by the laws of the Canada as such laws are applied to agreements entered into and to be performed entirely in the country of Canada and between Canadian residents. You agree to submit to jurisdiction in Canada and that any claim arising under these Terms and Conditions will be brought solely in a court in Vancouver, British Columbia, Canada.
- Contacting SAVVY or Cloud Collective.
- a) If you have any questions, concerns, feedback, etc. about the Web Service and/or the T&C (aside from a Copyright Complaint as addressed above), please feel free to contact us via the following:
Cloud Collective, Inc.
619 – 602 West Hastings Street
Canada, V6B 1P2
Phone: (604) 239-2174
Onsite & Online Tech Support, Installation, Setup, and Repair
Copyright © 2015 Cloud Collective Inc. All rights reserved