TERMS AND CONDITIONS OF USE OF THE HANDDII PLATFORM

United States Contractors - updated 4th December 2024

 

These Terms and Conditions of Use (“Terms and Conditions”) govern your use of each website (“Handdii platform”) that links to these Terms and Conditions.  Handdii LLC  (“Handdii” or “we”) operates each Handdii platform to provide online access to information about Handdii and the products, services and the opportunities we offer.  

 

These Terms and Conditions help you (the “Contractor” or “you”) to understand Handdii’s and your own obligations and responsibilities in relation to the Handdii platform.  They do not apply to the use of the Handdii platform by other Users (such as Customers or Insurers), or any associated services provided by Handdii to them. 

 

By accessing the Handdii platform, you agree to comply with and be bound by these Terms and Conditions and to adhere to our Privacy Statement available at https://www.handdii.com/privacy and our Code of Conduct available at https://www.handdii.com/code-of-conduct.

 

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OR ANY PART THEROF, YOU ARE NOT ENTITLED TO ACCESS AND USE THE HANDDII PLATFORM, AND YOU MUST NOT USE OR ACCESS THE HANDDII PLATFORM. 

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We reserve the right to modify these Terms and Conditions at any time without giving you prior notice. The last date of revision is set forth above, so be sure to check for updates. 

 

1. The Handdii platform is designed to: 

a) Allow you to register your account information on the Handdii platform; 

b) Provide you with the opportunity to be assigned or accept Work Orders for insurance works (Emergency Services, Mitigation, Reconstruction) for the purpose of undertaking authorized works covered by and pursuant to the Insured's Insurance Policy (“Covered Work”); and 

c) Provide you with the opportunity to be assigned or accept Work Orders for direct work (Maintenance, Repairs, Remodels) with a Direct Customer for the purpose of undertaking authorized works pursuant to the Service request and description provided by that customer (“Direct Work” along with “Covered Work”, collectively “Work”). 

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2. Permitted use of the Handdii Platform 

You may use the Handdii platform, and the information, writings, images and other works that you see, hear or otherwise experience (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and to learn about Handdii products and services and solely in compliance with these Terms and Conditions. 

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3. Handdii’s Obligations 

You acknowledge that Handdii only acts as a facilitator and will not be a party to any other arrangement between you or other Users of the Handdii platform. 

Handdii does not guarantee that: 

The Customer or the Insurer will select and engage you to perform the Work; or 

Payment will be made by the Customer, (or any agent thereof), the Insurer for the Work performed by you. 

Handdii accepts no liability for any aspect of your interaction with the Customer or Insurer, including, but not limited to, the description, performance or delivery of Work by you. 

At its absolute discretion, Handdii may refuse to allow the registration of your account information on the Handdii platform, or cancel or suspend any existing record that you may have on the Handdii platform. 

Your use of the Handdii platform is entirely at your own risk, for which Handdii will not be liable in any way whatsoever. 

4. Your Obligations

a) Registration of your account information and maintenance of your record on the Handdii platform is conditioned upon you: 

i) Complying with these Terms and Conditions, the Handdii Privacy Policy (found at www.handdii.com/privacy/)and the Handdii Code of Conduct (found at www.handdii.com/code-of-conduct/); 

ii) Obtaining a Work Authorization from the Customer before commencing any Work; 

iii) Obtaining a Statement of Completion from the Customer at the completion of Work; 

iv) Obtaining all appropriate and required permits for the Work to be performed before commencing that Work; 

v) Complying with the relevant Work Health and Safety Laws, Construction Laws and other Applicable Laws; 

vi) Ensuring that you maintain current certificates of competency, licensing for the specific Work to be performed, registration, levels of bonding, qualifications and insurance (including without limitation Liability and Workers' Compensation insurance) as required in the jurisdiction of where the Work is undertaken; 

vii) Always conducting your Work as a Contractor in a safe manner in compliance with the paragraph above (vi); 

viii) Ensuring that you are aware of any laws or requirements that apply to you as a Contractor, or in relation to using the Handdii platform; 

ix) Consenting to and cooperating with, random health and safety audits that may be conducted by the Insurer or Handdii or their authorized personnel; 

x) Ensuring you have in place a health and safety management plan that is appropriate for the Work undertaken, and that you and any of your personnel will comply with the plan; 

xi) Ensuring that you remove all dust, debris, rubbish and waste on a regular basis and on completion of the Work and all places of Work are left clear of all dust, debris, rubbish and waste to the reasonable satisfaction of each Customer; 

xii) Keeping the Customer and Handdii informed of key milestones every 7 days during the period from when the Work commences until the Work is completed and a Statement of Completion is provided to Handdii; 

xiii) Notifying Handdii immediately after any accident, incident or situation (as it relates to completing the Work) that must be notified to a regulator under health and safety legislation and any regulatory action taken against you in response to any such accident, incident or situation; 

xiv) Providing Handdii with a copy of any report you make to a public authority or regulator or receive which relates to any health and safety accident, incident or situation which is associated with the Work; 

xv) Notify Handdii immediately as soon as suspect or become aware of: 

i) Any non-consented work; 

ii) Any damage that is inconsistent with the circumstances of loss and / or damage; 

iii) Any damage that is gradual in nature;  

xvi) Where any asbestos survey is required before demolition or remedial work can be carried out; 

xvii) Where a health and safety risk cannot be removed or mitigated to protect the health and safety of any Contractor, worker, tenant or home owner or; 

The Customer is a vulnerable customer. 

xviii) Agreeing to promptly rectify the Works, where you have failed to complete the Works in a satisfactory manner.  If the Works are not rectified to a standard acceptable to the Customer, you accept that Handdii can and will recover fees from you, issued in payment for the Work to you. Failure to rectify the Works may result in the matter being referred to the Customer and / or the Insurer and suspension of your account from the Handdii platform. 

xix) Promptly and efficiently performing obligations to other Users in accordance with the agreements between you and those other Users; 

xx) Posting only accurate and complete information on the Handdii platform, keeping the information up to date, and ensuring that the information is not false, inaccurate or misleading or deceptive; 

xxi) Ensuring that you are aware of any laws or requirements that apply to you as a Contractor, or in relation to using the Handdii Platform; 

xxii) Never accessing or using another User’s account on the Handdii platform.   

b) You must not transfer or assign your account to any third party.  You must immediately notify Handdii of any unauthorized use of your account, or other account related security breach of which you are aware (such notification must be sent by you to tradecrew@handdii.com). 

c) You must not send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs within the Handdii platform;  

d) You must not reverse engineer, decompile, or otherwise make any attempt to discover the source code or underlying ideas or algorithms or access the Handdii platform or attempt to do so in order to: 

i) Build a competitive product or service; 

ii) Build a product using similar ideas, features, functions or graphics of the Handdii platform; or 

iii) Copy any ideas, features, functions or graphics of the Handdii platform. 

e) You may only use the Handdii platform for lawful purposes and in a manner consistent with the nature and purpose of the Handdii platform. 

f) You may only register on the Handdii platform if you do not have a record of breaches of the Work Health and Safety Laws and Construction Laws. 

g) You may only register on the Handdii platform if your company commits to conducting business responsibly and ethically and to ensuring that all aspects of our business practices, including your supply chains, are free from any form of slavery. Should any form of slavery come to your attention you are required to immediately notify handdii and provide rectification plan (such notification must be sent by you to tradecrew@handdii.com).  

h) Handdii may, at its sole discretion, immediately terminate your use and access to the Handdii platform if you have breached any obligation under this clause 4.  This includes removing any content you have submitted on the Handdii platform or cancelling, suspending or deleting your record on the Handdii platform.

 

5. Modern Slavery Commitment

You commit to conduct business responsibly and ethically and to ensure that all aspects of your business practices, including your supply chains, are free from any form of modern slavery. 

You commit to: 

a) Reject any and all forms of modern slavery which can take the form of unpaid or underpaid servitude, human trafficking and forced labour; 

b) Implement effective systems and controls to ensure that it does not take place within your own business and through any of your supply chains 

c) Educating your employees and ensuring that they have a healthy understanding and respect for how their choices can have far-reaching impacts upon basic human rights across the globe; 

d) Identify and evaluate risks relating to human rights and develop company policies, procedures, and training to help combat modern slavery. 

 

6. Environmental Protection 

You shall be responsible for compliance with all applicable federal, state, and local natural resource and environmental protection requirements, codes and regulations, including without limitation, all Applicable Laws pertaining to hazardous wastes and substances (hereinafter “Hazardous Materials”). In addition, you shall not provide or allow any of your Affiliated Individuals to supply or deliver any Hazardous Materials to a Customer’s property, and in the event such occurs, you shall remove such Hazardous Materials at your sole expense. Further, you shall immediately notify Handdii if any Affiliated Individuals encounter any Hazardous Materials during the performance of the services of the Work at any time. 

 

7. Property Losses 

You are solely responsible for the care of, and for all losses that may occur with respect to any actual or alleged physical damage to or loss of, the Customer’s real and/or personal property arising from or relating to services rendered pursuant to the Work. Any Customer personal property will not be removed or replaced by you unless such is provided in the approved Estimate. You are further responsible for the care of, and for all losses that may occur with respect to any actual or alleged physical damage or loss of, merchandise, monies, funds, negotiable instruments (including, without limitations, checks) valuables, or other property of any Customer while in your custody or control. 

 

8. Fees and Payments 

a) For all Work Orders assigned to and accepted by you, the Contractor, Handdii shall be entitled to a payment processing fee (“Payment processing fee”) equal to six percent (6%) of the total value of the approved Estimate for Work upon completion of the Work. 

b) Where the Estimate was submitted via a mechanism not adhering to the preferred system of the Insurer and / or Customer, an additional one percent (1%) will be applied to the Payment processing fee against the total value of the approved Estimate for Work upon completion of the Work. 

c) For all Work Orders assigned where an Emergency Service Call Fee is warranted and no Work is undertaken, Handdii shall be entitled to a Payment processing fee equal to fifty percent (50%) of the Emergency Service Call Fee. 

d) The deductible payment usually owed and paid by the Customer in the process of a claim is contributed toward the payment of repairs to the contractor. If the Insurer enables the functionality in handdii the Customer can pay their deductible via handdii and these funds will be paid to you, the Contractor. If there is a deductible due and the customer does not pay via handdii then it is the responsibility of you, the Contractor, to collect these funds directly from the Customer. Handdii is not liable or responsible for ensuring that this direct payment of the deductible is made to you, the Contractor.  

e) A down payment of up to a maximum of thirty percent (30%) of funds received may be issued to you, the Contractor, upon request at the commencement of Work.  

f) Milestone payments will be made per the submitted and handdii approved milestone payment agreement.   

g) After the Work has been satisfactorily completed for each Milestone and at the completion of all Work 

i) You must provide handdii with the Certificate of Satisfaction, photo’s of the completed Work and an updated schedule for any remaining Work. 

ii) The Customer may review and provide feedback of your Work on the Handdii platform and; 

iii) Handdii will issue an invoice (on your behalf) to the Insurer (or any agent thereof) and / or the Customer in relation to the Work performed by you. 

h) You hereby acknowledge and agree to pay the Payment processing fee, and furthermore authorize Handdii to deduct the Payment processing fee from each Work invoice before tendering payment proceeds to you in the instances where the Insurer or Customer issue payment to Handdii. 

i) Where the Customer pays you, the Contractor directly for the Work, Handdii will issue you an invoice for payment for the Payment processing fee.  You shall pay this invoice by the payment date due on the invoice.   

j) You have 7 days to dispute or revise the invoice amount otherwise it is assumed agreed and final. No additional payments can be claimed unless otherwise generated via the handdii system as a supplement/variation to the agreed estimate. 

k) Handdii shall have the right at any time to set-off any amounts due to Handdii against amounts owed to you with respect to other Work completed by you. 

l) All payments to you for the Work are inclusive of all taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”).  You, the Contractor are responsible for payment of all Taxes and any related interest and / or penalties resulting from any payments hereunder, other than the taxes based on Handdii’s net income. 

m) If Handdii incurs any costs or expenses or processes any payment refund to a Customer or Insurer under any scenario in respect to Work undertaken by you, or complaint issued against you, you agree to make payment to Handdii to make Handdii whole, and agree that payment will be made within 7 days of the written request. 

n) Overdue amounts not paid by the invoiced due date will accrue interest equal to an annual rate of twenty percent (20%) that Handdii may charge from the due date of the invoice until payment is received. 

 

9. Links on the Handdii platform 
The Handdii platform may also, on occasion, include links to other websites which are not controlled by Handdii. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.  

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10. Disclaimer of Warranties 

TO THE EXTENT PERMITTED BY LAW, THE HANDDII PLATFORM IS PROVIDED TO YOU FOR USE "AS IS" AND "AS AVAILABLE".  IT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. 

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11. Limitations on liability 

a) In no event will Handdii, nor its directors, employees, agents, contractors, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Handdii platform, including but not limited to any:  

i) lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever (however arising); 

ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); or  

iii) for any direct damages.  

b) To the extent permitted by law, Handdii specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between you, an Insured and an Insurer.  IN NO EVENT WILL HANDDII’S LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).‎ 

c) These limitations are independent from all other Terms and Conditions of Use and will apply notwithstanding the failure of any remedy provided herein. As a Contractor, you understand and agree that Handdii has no responsibility or liability for an Insurer's failure to pay you for repair work that you have performed. 

 

12. Indemnification  

You indemnify Handdii from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the Handdii platform and your registration as a Contractor on the Handdii platform. 

To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the Policy Holder, representative, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, by the Contractor, its agents, subcontractors and employees, arising out of or resulting from exposure to COVID-19 or any other communicable illness. This indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. 

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13. Termination 

Handdii may terminate your access to and use of the Handdii platform at any time, with or without cause, with or without notice, effective immediately.  If you wish to remove your record from the Handdii platform, you must notify Handdii in writing, via email to tradecrew@handdii.com.  These Terms and Conditions of Use will survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability. 

 

14. Disputes between Users 

Handdii has no obligation to any User to assist or involve itself in any dispute between Users.  However, to the extent Handdii assists in the resolution of any dispute between Users, such assistance is only a courtesy and, therefore, you acknowledge that Handdii will not be liable or otherwise responsible with respect to such dispute (or the resolution thereof) or any matter directly or indirectly related thereto and that Handdii shall be indemnified by each User as set forth herein in connection with any such disputes between Users. 

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15. Modifications 

These Terms and Conditions of Use may be amended from time to time.  Your continued use of the Handdii platform following any such amendments will be deemed to be confirmation that you accept those amendments. 

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16. No Agency 

No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms and Conditions of Use. In particular, you have no authority to bind Handdii, or Handdii related entities or affiliates in any way whatsoever.  

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17. Governing Law 

Any disputes arising out of your use of the Handdii platform in the United States is subject to the laws of Texas, U.S.A. Such dispute will be heard by the federal or state courts operating in Harris County, U.S.A.    You agree to only bring any dispute in such forum and waiver any objection based on ‎forum non convenience. 

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DEFINITIONS  
Applicable Laws means all relevant federal, state, local and municipal laws, statutes, rules, regulations, and ordinances, ‎in effect on the Effective Date or adopted thereafter and which are applicable to your activities hereunder, including without limitation, any deceptive trade practices act, consumer protection act and similar laws applicable in the location where you provide services to an Insured and/or Customer. 
Construction Laws means all relevant federal, state local  and municipal laws, statutes, rules, regulations, ordinances, permit requirements, licensing requirements, bonding requirements and insurance requirements, including without limitation all laws applicable to the removal, disposal, collection, enclosure, encapsulation or treatment of asbestos and any asbestiform variety of chrysotile, amosite, crocidolite, tremolite, anthophyllite, or actinolite, ‎in effect on the Effective Date or adopted thereafter and which are applicable to a your construction activities hereunder. 
Contractor means a person who is qualified and skilled to perform Work. 

Customer means a property owner who has provided a request for service, repairs or improvement works to that Direct Customers home or other property.  

Down Payments means a deposit paid in advance of Work completion for the purposes of facilitating Work. 
Handdii, means collectively, Handdii Holdings Inc, Handdii LLC and Handdii Pty Ltd ABN 93 618 870 170, unless otherwise specified. 
Handdii platform means the Handdii website at www.handdii.com and any other affiliated platform that links to these Terms and Conditions that may be introduced from time to time. 
Insurance Policy means a policy of insurance providing first party property insurance in respect of an Insured's home or other property. 
Insured means a property owner who is a party to or a beneficiary of an Insurance Policy issued by an Insurer and who has made a claim for reimbursement or repairs for damage to that Insured's home or other property on a policy issued by that Insurer.  
Insurer means the entity that has issued an Insurance Policy pursuant to which the Insured is making a claim for reimbursement or repairs for damage to that Insured's home or other property. 

Milestone Payment Agreement means the legal agreement between you and handdii for the issuance of progress payments for works undertaken prior to works being fully completed. 
Privacy Laws in United States it means all laws that deal with the regulating, storing, accessing, transmitting, destroying, using or the ‎integrity of personally identifiable information of individuals, which can be collected by ‎governments, public or private organisations, or other individuals and include, without limitation, ‎all state breach notification statutes, the California Consumer Privacy Act, the Children’s Online ‎Privacy Protection Act, Controlling the Assault of Non-Solicited Pornography And Marketing ‎‎(CAN-SPAM), Gramm-Leach-Bliley Act, Fair Credit Reporting Act, Fair and Accurate Credit ‎Transactions Act, Credit and Debit Card Receipt Clarification Act, Bank Secrecy Act, Fair Debt ‎Collection Practices Act, Electronic Funds Transfer Act, and the Dodd-Frank Wall Street Reform ‎and Consumer Protection Act, Health Insurance Portability and Accountability Act, HITECH Act, ‎the Texas Privacy Protection Act, the Texas Identity Theft Enforcement and Protection Act, ‎Massachusetts General Law 93H, 93I, Massachusetts General Law, Chapter 93H and Chapter ‎‎93I and all similar laws and all regulations implementing any of the foregoing.‎ 
Statement of Satisfaction means either the Insured provides a star rating and confirmation that Work has been satisfactorily completed via the Handdii platform or the Insured signs a document confirming satisfaction of the Work that is then uploaded to the Handdii platform.   
User means the person who has registered to use the Handdii platform, whether as a Contractor, Insured, Insurer, or otherwise. 

Work Authorization means either the Insured agrees via the Handdii platform or via a signed document uploaded to the Handdii platform that confirms the Work can commence by the Contractor; provided, however, only the Work covered by the policy will be paid by the Insurer and that the Insured will be liable to pay for any other repair work.   

Work Health and Safety Laws for Work undertaken in the United States means the Occupational Safety and Health Act of 1970 (“OSH Act”), including without limitation, 1) the General Duty and OSHA Standards (as defined in the OSH Act), including without limitation those standards applicable to construction, all duties to provide a) protective equipment, b) information, and c) access to records, 2) all applicable guidance and regulations, and current administrative interpretations and decisions by the Occupational Safety and Health Review Commission and the courts, and 3) any applicable State Plans, as defined in the Act, authorized by the Occupational Safety and Health Administration (“OSHA”), including without limitation, the following State Plans: 
Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming and all other safety laws and any regulations, interpretations, or guidance promulgated under any of the foregoing that apply in the state or territory of United States of America in which the Contractor is performing the work.