Terms of Service
Please read these terms carefully before using our platform.
Welcome to ProLink Nest! These Terms of Service ("Terms") govern your use of our website and services at prolinknest.com. By accessing or using our platform, you agree to these Terms. If you do not agree, please do not use our services.
1. Our Services
ProLink Nest is a referral and matching service only. We connect homeowners ("Users" or "Homeowners") in Northern California with vetted, independent licensed contractors ("Pros"). We are not a contractor, do not perform home services, and are not a party to any agreement between Users and Pros. All services are performed solely by the independent Pros you choose to hire.
We vet Pros for licensing (CSLB verification), insurance proof, and references, but we make no guarantees about the quality, workmanship, pricing, scheduling, or outcomes of any Pro's work.
2. Eligibility and User Accounts
You must be at least 18 years old and have the legal capacity to form a binding contract. If you are using the Services on behalf of a business or entity, you represent that you have authority to bind that entity to these Terms.
3. User Responsibilities
Homeowners
- Provide accurate and complete information in service requests.
- Review all quotes, contracts, and terms directly with the Pro.
- Handle all payments and disputes directly with the Pro.
Contractors (Pros)
- Maintain valid CSLB licenses, required insurance (General Liability + Workers' Compensation), and comply with all applicable laws and regulations.
- Provide truthful information during vetting and while using the Platform.
- Pay any agreed commissions or lead fees promptly upon job completion.
- Maintain professional standards and respond timely to referred leads.
All Users
- You agree not to use the Services for any unlawful purpose or in violation of these Terms.
4. Prohibited Conduct
You may not:
- Misrepresent any information, including qualifications or service details.
- Submit false or fraudulent service requests.
- Attempt to circumvent our matching process or payment obligations.
- Harass, threaten, or abuse other users or our staff.
- Use automated tools (bots, scrapers) to access the Platform without permission.
- Violate any applicable law or third-party rights.
Violation may result in immediate suspension or termination of access to the Platform.
5. Payments and Commissions
- ProLink Nest earns a flat 15% referral commission on the job value, paid by the contractor upon successful job completion. Contractors may remit referral fees via check, electronic bank transfer (ACH/Zelle), or other methods as agreed upon in the Contractor Partner Agreement.
- Homeowners do not make any payments to ProLink Nest. All payments for services are handled directly between homeowners and contractors.
- All fees owed to ProLink Nest are non-refundable unless otherwise agreed in writing.
- Pros are responsible for reporting completed jobs and paying commissions promptly. We may use third-party tools to facilitate invoicing.
6. Intellectual Property
All content, logos, and materials on the Platform are owned by ProLink Nest or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for their intended purpose. You may not copy, modify, distribute, or create derivative works without our prior written consent.
7. Disclaimers and Limitations of Liability
As-Is Basis
The Services are provided "as is" and "as available" without warranties of any kind, express or implied.
No Guarantees
We do not warrant the availability, accuracy, reliability, or quality of matches, Pros, or services. We are not responsible for any acts or omissions of Pros.
Limitation of Liability
To the fullest extent permitted by law, our total liability to you shall not exceed the greater of $100 or the amount you paid us (if any) in the twelve (12) months preceding the claim. We shall not be liable for indirect, incidental, consequential, special, or punitive damages.
No Liability for Contractor Work
ProLink Nest is a referral and matching service only. Homeowners pay contractors directly — ProLink Nest never receives, holds, or processes any payment for services performed. Because we are not a party to any agreement between homeowners and contractors, we are not responsible for the quality, timeliness, safety, or outcome of any work performed. Any disputes regarding workmanship, pricing, or job completion must be resolved directly between the homeowner and the contractor.
Release
You hereby release ProLink Nest, its owners, officers, employees, and agents from any and all claims, damages, or liabilities arising from your interactions with Pros, the quality of their work, or your use of the Services.
8. Indemnification
You agree to indemnify, defend, and hold harmless ProLink Nest and its affiliates from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of:
- Your use of the Services,
- Your interactions or contracts with Pros,
- Your breach of these Terms, or
- Any violation of law or third-party rights.
9. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, and without notice. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive (e.g., liability limitations, indemnification) will survive termination. Termination does not relieve contractors of any outstanding referral fee obligations.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles.
Binding Arbitration
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in California, administered under applicable arbitration rules. You waive any right to a jury trial or class action participation. The arbitrator's decision shall be final and binding.
Small Claims
Either party may bring a claim in small claims court in California instead of arbitration, where the claim qualifies.
11. Force Majeure
We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, strikes, government actions, or internet outages.
12. Miscellaneous
Severability
If any provision is held invalid, the remainder of the Terms shall continue in full force.
Entire Agreement
These Terms (together with our Privacy Policy) constitute the entire agreement between you and us.
No Waiver
Our failure to enforce any right does not waive that right.
Assignment
You may not assign your rights without our consent. We may assign these Terms freely.
Electronic Communications
You consent to receive communications (including texts, emails, and calls) from us for service-related purposes. You may opt out where permitted by law (TCPA compliance).
Changes to Terms
We may update these Terms from time to time. Your continued use constitutes acceptance of the updated Terms.
By using ProLink Nest, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy.
13. Contact Us
Questions about these Terms? Reach out to us directly — we're happy to help.
ProLink Nest is a referral and matching service, not a licensed contractor. All contractors are independently licensed and insured.