1) Introduction, Acceptance & Clickwrap
These Terms of Service (“Terms”) govern your access to and use of the services provided by Equitas Solutions LLC (“Equitas,” “we,” “us,” or “our”). By accessing our website, receiving or responding to a lead, or otherwise using the platform, software, forms, messaging, or related services (collectively, the “Service”), you agree to be bound by these Terms. If you do not agree, do not use the Service. If you accept on behalf of a company, you represent you have authority to bind that entity.
Clickwrap Acceptance. You agree to these Terms when you: (i) click “I Agree,” “Accept,” or similar; (ii) submit a form; or (iii) access or use the Service. Equitas may record acceptance (timestamp, IP address, user agent) and you consent to Equitas maintaining those logs as business records.
2) What Equitas Is (and Is Not)
- Connector Only. We provide lead generation and referrals, introducing service-seeking individuals/businesses (“Customers”) to independent service providers (“Contractors”).
- Not a Contractor/Employer. We do not perform or supervise work, are not a party to Customer–Contractor agreements, and do not employ/control Contractors.
- No Guarantees. We do not guarantee outcomes, availability, pricing, or that any lead becomes a job.
- Optional Scheduling. Upon Customer request, Equitas may coordinate a free, no-obligation estimate as a courtesy only.
3) Eligibility; U.S.-Only; Geographic Scope
Users must be 18+ and able to enter a binding contract to receive or perform services. Minors may browse the site, but we do not contract with persons under 18. The Service is intended for U.S. users only. Our initial focus is South Florida (Palm Beach, Broward, nearby areas) and may expand. We may refuse, suspend, or terminate access for non-compliance with these Terms or law.
4) Definitions
- Lead: A potential job referral with Customer contact info and service details.
- Exclusive Lead: Delivered to one Contractor (launch default). If the first Contractor declines, is unavailable, or fails to respond promptly, Equitas may offer the Lead sequentially to another Contractor. Leads are not shared simultaneously.
- Shared Lead: May be delivered to multiple Contractors (future feature, if enabled).
- Estimate: A free quote (written or verbal) before any work begins.
- Lead Fee: Price charged to a Contractor for a Lead/appointment/plan.
- Replacement Credit: Non-cash credit or substitute Lead of equal value (§11).
- 10DLC: Standard 10-digit business number used for A2P SMS (e.g., Grasshopper).
5) Customer Responsibilities
Provide accurate project details and contact info; respond in good faith; expect a free estimate before commitment; exercise diligence (verify licenses/insurance, references, reviews); pay Contractors directly; provide safe site access; communicate requirements, timeline, and budget.
6) Contractor Requirements & Professional Standards
Contractors represent, warrant, and agree to:
1. Licensing & Minimum Insurance. Maintain all required licenses/permits and at least: Commercial General Liability $1,000,000 per occurrence / $2,000,000 aggregate, Auto Liability $1,000,000 if vehicles are used on jobs, and Workers’ Compensation as required by law (or valid exemption). Provide proof upon request and promptly notify Equitas of any lapse/suspension/change.
2. Insurance Endorsements (Preferred) / Fallback.
• Preferred (Strongest): Contractor will obtain endorsements naming Equitas Solutions LLC as Additional Insured on a primary & non-contributory basis with a waiver of subrogation, and furnish a Certificate of Insurance and endorsements on request; insurer to give at least 10 days’ prior notice of cancellation/material change where permitted by law.
• Fallback (Accepted): If Contractor cannot reasonably obtain such endorsements, Contractor must (i) maintain the Minimum Insurance above, and (ii) agree to the Indemnification in §18. Equitas may in its discretion limit lead volume or restrict higher-risk categories until endorsements are provided.
• High-Risk Trades. For trades with elevated risk (e.g., roofing, structural, high-pressure exterior), Equitas may require the Preferred endorsements as a condition to receive leads in those categories.
3. Quality & Compliance. Perform services professionally; obtain permits; follow codes and safety rules; comply with all laws.
4. Risk Disclosure. Disclose material risks before work begins (e.g., pressure washing may damage fragile substrates/oxidized paint/old mortar) and obtain Customer consent.
5. No Estimate Fees. Estimates/site visits are free.
6. Professional Conduct. Be punctual and courteous; protect property and privacy; promptly communicate schedule changes.
7. Honest Marketing. Accurately represent credentials, capabilities, and availability.
8. Data Use. Use Customer info solely to quote and perform services for the referenced request; no resale, scraping, or unrelated marketing; comply with privacy laws and our Privacy Policy. Equitas does not prohibit normal ongoing communications between Customer and Contractor regarding the job.
9. Screening Permission. Authorize Equitas to request and review IDs, licenses, insurance, certifications, and similar screening info; access may be delayed/denied for failure to provide or adverse findings.
10. Non-Circumvention. Contractors shall not use Equitas Leads to avoid paying Lead Fees, including by diverting or transacting directly with a Customer to bypass the platform. This restriction applies for 12 months after delivery of each Lead. Equitas acknowledges that Customer–Contractor relationships may continue beyond this period.
7) Free Estimates Policy
All jobs sourced via Equitas start with a free, no-obligation estimate. Estimates are informational; pricing is not final until a separate Customer–Contractor agreement is reached.
8) Lead Delivery, Acceptance & Plans
At launch, Leads are Exclusive and delivered by web form/email/SMS (and may be accepted manually or automatically if a pre-paid/subscription plan is enabled). If acceptance is manual, accept/decline promptly. If the designated Contractor declines/is unavailable/fails to respond promptly, Equitas may offer the Lead sequentially to another Contractor (not shared simultaneously). Prompt outreach preserves eligibility for lead credit (§11).
9) Contractor Fees, Billing, Taxes, Chargebacks & Admin Fees
Pricing & Authorization. Fees and plan terms appear in your order form or written confirmation. By accepting a Lead or enrolling in a plan, you authorize Equitas (or its processor) to charge your stored method when the Lead is delivered or as plan terms state.
NO MONETARY REFUNDS. Lead Fees are non-refundable under all circumstances. The exclusive remedy for a bad or unusable Lead is Replacement Credit (§11).
Chargebacks Prohibited. Initiating a chargeback on an authorized fee is a breach. We may suspend/terminate access; you agree to reimburse the chargeback amount, processor fees, and reasonable admin costs.
Administrative Fees. For each payment returned, reversed, or disputed, Contractor agrees to pay: (i) the processor’s actual fee(s), plus $35 per incident, and (ii) Equitas’s reasonable collection costs. Equitas may set off amounts owed by applying any credits or future payments to past-due balances.
Taxes. Contractors are responsible for applicable taxes.
Late/Failed Payments. We may reattempt billing, suspend leads, apply credits to oldest balances first, refer unpaid balances to collections, and/or terminate access.
10) Customer–Contractor Disputes
Equitas is not a party to Customer–Contractor agreements and is not an insurer or guarantor. Parties should resolve issues directly. If notified, Equitas may (at its discretion) gather info, review conduct, request remediation outreach, and warn/suspend/remove a Contractor for serious or repeated violations. If risks were disclosed and the Customer consented, the Customer generally bears those outcomes. Parties may pursue legal or insurance remedies.
11) Lead Credit Policy (Replacement Only)
Credit-Eligible (despite reasonable, timely outreach):
- Invalid/disconnected contact info;
- Customer unresponsive after ≥3 distinct attempts over 72 hours (mix of call/text/email) and/or Customer no-shows a scheduled estimate;
- Customer denies submitting a request or refuses any estimate;
- Verified duplicate (same Customer, same job, already matched recently);
- Customer hired someone else before an estimate could reasonably occur.
Not Credit-Eligible: slow outreach or missed appointment by Contractor; Customer declines after receiving an estimate (price/scope); work type in Contractor’s selected categories but later refused; minor detail/budget changes; requests after 14 days from Lead delivery (or 14 days from a missed appointment).
How to Request. File via email to [email protected] within 14 days, including evidence (timestamps, call logs, screenshots/voicemails). Equitas may contact the Customer. If approved, we apply account credit or deliver a replacement Lead of equal value. No cash refunds will ever be issued. Decisions are final. Abuse may lead to suspension.
12) Communications, SMS/TCPA & E-Sign
By providing contact info, Users consent to receive emails, phone calls, and texts from Equitas and matched Contractors. Automated systems may be used where permitted. Message/data rates may apply.
Texting Channel. Messages may originate from our 10DLC business number (e.g., Grasshopper).
Opt-Out. Reply STOP to SMS (opt-out), HELP for help. Marketing consent is not required to use the Service.
E-Sign Consent. Users consent to receive notices/disclosures electronically and to e-sign. Withdrawal (email [email protected]) may limit use of the Service.
Contractor Messaging Compliance. Contractors contacting Customers by SMS/call/email will comply with TCPA, CAN-SPAM, carrier/10DLC rules, and honor all STOP/opt-out requests. Contractors are solely responsible for claims arising from their communications.
13) Acceptable Use
No unlawful, misleading, harassing, or fraudulent use; no unauthorized access, scraping, harvesting, or reverse engineering; no malware; no misrepresentation of identity, licensing, or qualifications.
14) Intellectual Property; User Content
The Service (text, graphics, logos, software) is owned by Equitas or its licensors. You may not copy, modify, reverse engineer, or create derivative works except as permitted by law. If you submit content (e.g., reviews, photos), you grant Equitas a worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute that content to operate and promote the Service. You represent you have necessary rights and your content is lawful and non-infringing.
15) Third-Party Services & Payment Processing
We use third-party providers (e.g., WordPress/Elementor plugins, analytics pixels, communications tools, payment processors). Your use may be subject to their terms/policies. Equitas does not store full payment card numbers; payments are processed by a PCI-compliant processor.
15A) Confidentiality & No Data Mining
“Confidential Information” includes Equitas’s non-public information, including pricing, lead data, business processes, product plans, internal tools, and technical details. Recipient shall: (i) use it only to use the Service; (ii) protect it with reasonable safeguards; (iii) not disclose it except to employees/agents who need to know and are bound by confidentiality. Automated access (scraping, crawling, mining) is prohibited without express written consent. Upon request, Recipient will return or destroy Confidential Information (except archival copies retained for legal/backup needs).
16) Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” EQUITAS DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY), INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, ACCURACY OF INFORMATION, OR SPECIFIC OUTCOMES (JOBS WON, REVENUE, OR SERVICE QUALITY).
17) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUITAS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION. IF LIABILITY IS FOUND, EQUITAS’S AGGREGATE LIABILITY TO ANY USER SHALL NOT EXCEED THE FEES THAT USER PAID TO EQUITAS IN THE SIX (6) MONTHS BEFORE THE EVENT OR $500, WHICHEVER IS LESS. WHERE PROHIBITED, LIMITS APPLY TO THE FULLEST EXTENT ALLOWED.
18) Indemnification
- Contractors shall indemnify, defend, and hold harmless Equitas and its affiliates, officers, employees, and agents from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) services performed for Customers; (b) breach of these Terms; (c) failure to honor obligations/warranties to Customers; or (d) violations of law.
- Customers shall indemnify, defend, and hold harmless Equitas for claims arising out of their use of the Service, breach of these Terms, or disputes with Contractors.
Equitas may assume defense/control; you will cooperate. This survives termination.
19) Suspension, Termination & Survival
We may suspend or terminate accounts or access for any reason, including violations, fraud, abuse, payment failures, or inactivity. Contractors remain responsible for Lead Fees incurred before termination. Sections intended to survive (including §§6–13, 15–23) survive termination.
20) Modifications to Service, Pricing, or Terms
We may modify features, pricing, or these Terms. For material changes to the Terms, we will notify you via the platform and/or email before they take effect. Continued use after the effective date constitutes acceptance. If you disagree, stop using the Service before changes take effect.
21) Governing Law; Informal Resolution; Arbitration (AAA) & Class Waiver; Confidentiality; Limitation Period
Law & Venue. Florida law governs. For claims not required to be arbitrated, exclusive venue is the state or federal courts in Pinellas County, Florida; you consent to personal jurisdiction there.
Informal Resolution (30 Days). Before filing any claim, a party must email [email protected] a written Notice of Dispute describing the claim and relief sought, and engage in good-faith discussions for 30 days. If unresolved, either party may commence arbitration or file in small-claims court.
Arbitration (AAA). Except for small-claims matters and claims seeking injunctive relief for IP or misuse/anti-circumvention, disputes are resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules (consumer) or AAA Commercial Arbitration Rules (B2B), before a single arbitrator seated in Florida. The arbitrator may award any individual relief available in court. Jury trial is waived.
Plain-English Explanation. Arbitration is a private dispute process (like court, but faster and less formal) where both sides present their case to a neutral arbitrator instead of a judge or jury. Both parties usually share the costs. This process is intended to reduce the expense and risk of large lawsuits.
Confidentiality. The arbitration (filings, evidence, award) is confidential, except as needed to enforce/challenge an award in court.
Fees. Each party pays its own attorneys’ fees/costs, except where applicable law allows a prevailing-party award.
Class Waiver. No class, collective, or representative actions.
Opt-Out. You may opt out of arbitration/class waiver by emailing [email protected] within 30 days of first acceptance, stating your name, contact info, and request to opt out.
Limitation Period. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR after it first accrues or it is permanently barred, to the fullest extent permitted by law.
22) DMCA Agent
We respect IP rights and comply with the DMCA. If you believe content infringes your copyright, send a notice to:
DMCA Agent: Legal Department
Address: Equitas Solutions LLC, 7901 4th St N, STE 26175, St. Petersburg, FL 33702
Email: [email protected]
Include: (a) your signature; (b) identification of the copyrighted work and the allegedly infringing material; (c) your contact info; (d) a good-faith statement; and (e) a statement under penalty of perjury that the info is accurate and you’re authorized to act.
23) Data Processing Addendum (DPA)
Where Equitas processes personal data on behalf of a business user, the parties may execute Equitas’s Data Processing Addendum upon request by emailing [email protected]. If the DPA conflicts with these Terms on processing activities it covers, the DPA controls.
24) Order of Precedence
If a Contractor signs a separate written contractor agreement with Equitas, any direct conflict between that agreement and these Terms is resolved in favor of the contractor agreement.
25) Miscellaneous
Independent parties; entire agreement (Terms + referenced policies); severability; no waiver; assignment (you may not assign without our consent; we may assign to an affiliate or via merger/acquisition/asset sale/by law); force majeure; and notices by email/SMS/platform or mail. Keep contact info current.
26) Contact
Equitas Solutions LLC
7901 4th St N, STE 26175, St. Petersburg, FL 33702
General: [email protected] | Support: [email protected]
Billing: [email protected] | Legal/Opt-Outs: [email protected]
Privacy: [email protected] | Security: [email protected]
Phone/SMS: (800) 497-2759
Website: www.equitasolutions.com
By using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service.
