Terms & Conditions

Welcome to HomeBrill. These Terms & Conditions (“Terms”) govern your use of the HomeBrill website, mobile apps, and related services (collectively, the “Platform”) operated by “HomeBrill”, “we”, “us”, “our”. By accessing or using the Platform you agree to these Terms. If you do not agree, do not use the Platform.

1. About HomeBrill

HomeBrill is a platform that connects homeowners, renters and other customers (“Customers”) with independent contractors, tradespeople, and service providers (“Contractors”) offering home services. HomeBrill is a neutral technology platform that facilitates introductions, bookings, communications and payments between Customers and Contractors. HomeBrill is not the employer, agent, or contractor of any Contractor and does not perform services.

2. Eligibility

You must be at least 18 years old to use the Platform. By using the Platform you represent and warrant that you are legally able to enter into contracts and comply with these Terms.

3. Accounts & Security

• You must provide accurate, complete information when creating an account and keep it updated.
• You are responsible for maintaining the confidentiality of your login credentials and all activity under your account.
• Notify support immediately of unauthorized use. We may suspend accounts for suspicious activity.

4. Use of the Platform

• Customers may view Contractor profiles, request quotes, book services, message Contractors, and pay for services via the Platform.
• Contractors may create profiles, list services, accept bookings, communicate with Customers, and receive payments subject to the payout terms in effect.
• All bookings, cancellations, refunds and dispute processes are subject to the policies displayed at booking time and these Terms.

5. Fees & Payments

• Fees: HomeBrill may charge service or platform fees. Contractors may pay commissions or platform fees as agreed.
• Payment processors: Payments are processed by third-party payment processors (e.g., Stripe). You agree to their terms and to pay applicable fees, taxes, and charges.

6. Cancellations & Refunds

• Cancellation and refund policies can vary per booking.
• HomeBrill may, at its discretion, refund Customers where a Contractor fails to perform, subject to the dispute process in Section 11.

7. Contractor Responsibilities & Representations

• Contractors are independent businesses responsible for the quality, legality and safety of their services.
• Contractors represent they hold all licenses, permits, and insurance required for the services they perform.
• Contractors must provide accurate information, complete jobs professionally, and comply with applicable laws and codes.

8. Reviews & Ratings

Users may submit reviews. Reviews must be honest and not defamatory. We may remove reviews that violate policies. By posting you grant HomeBrill a license to use the content.

9. Prohibited Conduct

You must not:

• Use the Platform for unlawful or fraudulent purposes.
• Attempt to circumvent fees (e.g., arrange off-platform transactions to evade commissions).
• Post abusive, defamatory or infringing content.
• Interfere with the Platform operation.

10. Intellectual Property

All HomeBrill content (logos, text, software, design) is owned by HomeBrill. You may not copy or use it without permission.

11. Dispute Resolution, Evidence Gathering & Decisions (IMPORTANT)

Overview: HomeBrill aims to resolve disputes fairly and quickly. For any dispute regarding the quality or completion of services, both Customers and Contractors must cooperate and provide required information.

Evidence gathering:

When a dispute is initiated, HomeBrill will collect and review all relevant information, which may include but is not limited to:

• Booking details and timestamps
• Messages and communication records between Customer and Contractor
• Photos, videos, invoices, and attachments uploaded by either party
• Job descriptions and scope provided at booking
• Payment records and receipts

Process:

1. Submission: Party initiates a dispute via the Platform and uploads available evidence.
2. Collection: HomeBrill requests additional information if needed (e.g., photos, receipts, contractor statements). Parties are expected to respond within the timeframe requested.
3. Review: HomeBrill reviews the evidence, the original job description, and any applicable cancellation/refund terms.
4. Decision: HomeBrill will attempt to reach a fair resolution, which may include mediation, partial or full refunds, or recommending actions to the parties. For certain issues HomeBrill may, at its discretion, escalate to third-party mediation or binding arbitration.
5. Enforcement: HomeBrill reserves the right to withhold or reverse payouts, suspend accounts, or take other measures based on findings.

Limitations: HomeBrill’s decision is based solely on available evidence. HomeBrill does not guarantee any particular outcome. HomeBrill is not a replacement for courts or formal legal disputes.

12. Guarantees & Liability

• HomeBrill does not guarantee the work of Contractors. Any service guarantees displayed are subject to the provider’s terms and HomeBrill’s applicable policies.
• Limitation of liability: To the maximum extent permitted by law, HomeBrill (and its officers, employees, agents) will not be liable for indirect, incidental, special or consequential damages, or for any loss of profit or business interruption. HomeBrill’s aggregate liability for claims under these Terms will not exceed the fees paid to HomeBrill by the party in the six (6) months preceding the claim.

13. Governing Law, Mediation & Arbitration

• These Terms are governed by the laws of Newfoundland & Labrador, Canada.
• If a dispute cannot be resolved informally, the parties agree to first attempt mediation in Newfoundland & Labrador.
• If mediation fails, disputes may be resolved by binding arbitration in Newfoundland & Labrador  [e.g., ADR Institute of Canada] unless otherwise required by applicable law.

14. Account Suspension & Termination

HomeBrill may suspend or terminate accounts for breach, fraud, or abusive behavior. Termination does not relieve payment obligations incurred prior to termination.

15. Modifications

We may change these Terms. We will post updated Terms and indicate the effective date. Continued use after changes means acceptance.

16. Contact

For questions or disputes: support [at] homebrill.com