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TERMS OF USE

These terms of use (“Terms”) are an agreement between you and Paintman.nyc (“Paintman.nyc”) that gives you a right to access and use this website and all the included services. Please read these terms carefully before entering our services. By using or entering this website or the related services you declare your acknowledgment and consent to the terms set below. If you do not signify to these terms, please do not use the website or related services. Paintman.nyc can emend these terms at any time by updating this posting, and your use of this website after such change declares your agreement of the changed terms. Please check these terms constantly for changes. Welcome to www.Paintman.nyc. (our “Website”). The Website is an online portal where individuals and corporations can schedule, book and pay for the painting services and any relating to these services products. The website allows you to submit a request for painting services and after that generates a work order which gives you a unique chance to go deep into the details of the proposed project ( number of rooms, types of rooms, specifications, extras). Paintman.nyc gives the Work Order to the third party painters who obtained the leads from Paintman.nyc. If the painter accepts a request, the Paintman.nyc notifies you and gives all the information regarding the Painter and the terms under which the Painter will perform the services to you. (The Painting Contract). All the services provided by Paintman.nyc to you are hereafter direct to as the “Service”. By using the Service, you give a consent to the following Terms:

Painting Projects and Contract with the Painter A Painter has a complete right to accept or reject each request for Painting Services. If the Painter acknowledges your Work Order request, the Service notifies you and gives the terms of the Painting Contract to you on behalf of the Painter- the Paintman.nyc is NOT a party to the Painting Contract. If you point out that you wish to hire the Painter for your Project, you are contracting with the Painter directly (NOT Paintman.nyc) for the Services. The Painter will then fulfill the Painting Services and execute your Project under the Terms negotiated by you and the Painter, including those Terms which were set in the Work Order and The Painting Contract. IMPORTANT: You understand and give a consent that Paintman.nyc itself does not perform painting services, and that Paintman.nyc is neither a painting Contractor, licensed home improvement Contractor or employment service, nor is Paintman.nyc an agent of the Painter. The Painters hired through the Service are not employees or agents of the Paintman.nyc. It is completely the Painters choice to offer and fulfill the painting services, which were requested through the Website and/or the Service. The Paintman.nyc is only an intervening party to assist the transaction between you and the Painter. The supplies of the Painting Services by the Painter to you is subject to the Painting Contract between you and the Painter ( NOT Paintman.nyc) PAINTMAN.NYC DOES NOT CONTROL THE QUALITY, TIMING OR ANY OTHER ASPECT WHATSOEVER OF ANY PAINTING SERVICES AND IS NOT LIABLE FOR ANY CLAIMS, INJURIES OR DAMAGES. You give a consent and fully understand all the risks when using the Painting Services, including the risks associated with cooperation with Painters and receipt of Painting Services.

Satisfaction Guarantee For the reason that painting is a subjective service, Paintman.nyc don’t give refunds once the service has started. However, we do offer a 100% satisfaction guarantee ( the “Satisfaction Guarantee”). This means we will continue to work to reconcile with you, including arranging for additional Services to improve defective or insufficient work, until you are 100% satisfied. If your Painter did not sufficiently complete the Painting Contract, it’s your responsibility to let us know within 3 calendar days of completion of the Painting Services by reaching us at 1866-513-0849 and we will come back and redo the work with no additional charges. Issues which were not reported within 3 calendar days will be fixed only in our circumspection. Any refunds or credits won’t be provided once payment has been released to the Painter.

Payment and Payment Disputes Paintman.nyc assists payments for the Painting Services. The quoted price for your Project (the “Project Fee”) will be included in the Work Order. Once you hire the Painter, and authorize the Project, you will pay 10% of the Project Fee ( or, if less and if required by applicable law, $1,000) ( the “Deposit” ). You will be charged the residue of the Project Fee on the day the Painter begins to fulfill the Painting Services. Paintman.nyc holds the Project Fee until the Project is done. If Paintman.nyc doesn’t receive a written complaint from you within 3 calendar days after the Service is completed (the “Complaint Period”), then the Project will be rated as closed by Paintman.nyc, and the the payment will be released to the Painter. After this time no refund will be made of any part of the Project Fee. If you submitted the written complaint within the Complaint Period under our Satisfaction Guarantee, we will try to accommodate you in resolving the issue. Paintman.nyc will continue to detain the Project Fee amount ( in a non-interest bearing account) without release pending (1) withdrawal of your complaint ( which you gave a consent to provide prompt written notice to Paintman.nyc) (2) mutual written instructions from you and the Painter to release the Project Fee; (3) settlement of the dispute in accordance with the Arbitration provisions of these Terms; or (4) receipt of an order from the arbitrator or court of the efficient jurisdiction or other release required by process of law. You should not submit any payments to the Painter outside of the Website and Paintman.nyc will not be liable for any such payments or refunds thereof. You give a consent that you will pay through the Service for all the Painting Services that you purchase and that Paintman.nyc has a full right to charge your credit card account as provided by you when authorizing the Project, including the Project Fee and all the taxes and charges for supplies authorized by you. Please note that in case you dispute any part of the Project Fee via chargeback, you give a consent to us to have a right at our option to follow you for payment, to request reimbursement of any related costs occurred by us, to turn any past due account over to collections and/or report defaulter payment to credit bureaus. We will gather and pay applicable sales tax on behalf of the Painter for your Project. It is fully your responsibility for the timely payment of all fees and other taxes related to the Painting Services and for providing Paintman.nyc with the valid credit card account for payment of all fees at all times. Paintman.nyc keeps the right to place a hold on your payment card to protect any payment for the total Project Fee. Paintman.nyc uses a third party payment processor (the “Payment Processor”) to process payments credits in accordance with your use of the Services. The processing of payments will be subject to Terms and Conditions and also Privacy Policies of the Payment Processor and your credit card bank in addition to these Terms. Paintman.nyc has no responsibility for any errors occurred by the Payment Processor. In relation with your use of the Service, Paintman.nyc will get certain transaction details, which Paintman.nyc will use only under its Privacy Policy.

Perilous Substances The Project Work Order value does not include additional charges which may be necessary to correct perilous conditions, such as existence of lead paint, asbestos, mold, mildew or other hazardous substances. A Painter may immediately suspend work and/or cancel a Project for cause if such substances are met.

Cancellation Policy Paintman.nyc kindly asks you to cancel your appointment for Painting Services 48 hours before the Project begins. In case you cancel your Service less than 48 hours, you will be charged a cancellation fee of $50 and plus the cost of any Supplies ordered for your Project. A Painter keeps the right to cancel your Project in case if your site is inappropriate, inaccessible, unsafe or perilous substances are present, or due to force inappropriate activity by you or the third party. In this case, you will be charged for work performed prior to termination plus the cost of all the Supplies specifically ordered for your Project.

No Responsibility for Painters or Painting Services/ Release Paintman.nyc is not responsible for neither the quality, timing, legality, or any other aspect whatsoever of any Painting Services provided or which will be provided in connection with any Project, nor for the honesty, responsibility or any other actions whatsoever of any Painters. You consent that Paintman.nyc will have no responsibility or liability relating to (i) pliability with EPA Lead Laws and regulations, OSHA safety requirements and other laws, regulations and rules relating to the Painting Services provided by Painters, or (ii) pliability with state or local licensing regulations applicable to Painters. Paintman.nyc takes sensible commercial efforts to screen Painters using background and reference checks and interviews. We also take sensible steps to make sure that Painters have obtained appropriate state licenses and insurance/bonding. However, Paintman.nyc does not independently check information from the third party sources or verification services. You are encouraged to check on your own that the Painter has obtained the applicable licenses and insurance and meets all the requirements for your Project. You consent that The Paintman.nyc is not responsible for misrepresentations or inappropriate information supplied by Painters or third party sources or verification services, and you release the Paintman.nyc from any responsibilities in connection therewith. Because the Paintman.nyc is not involve in the actual Contract between you and the Painter, in case of your dispute with a Painter, you consent to release the Paintman.nyc ( and all our stuff and employees) from any and all claims, damages ( actual or indirect), demands of every kind, suspected and unsuspected, known and unknown, disclosed and undisclosed, arriving out of or any way connected with such disputes (“Dispute Liability”), as later provided in the Liability Disclosure and Release provision below.

Supplies/ Products Your purchase of all Project Supplies via the Service (“Supplies”) is subject to these Terms and any terms of sale presented at the time you authorize the purchase. You can not return or ask for a refund of the Supplies once you payed for them. Neither Paintman.nyc nor the Painter gives any warranties with respect to Supplies. Only the manufacturer can give you warranties on the products. In case the Supplies were listed at an incorrect price or any other applicable error, the Paintman.nyc shall have the right to cancel or refuse any orders made for the Supplies listed at the incorrect price whether or not the order has been confirmed or accepted.

Publicity Paintman.nyc keeps the right to, and you give your permission to Paintman.nyc, to take photos and record the work done by the Painters and to display these photos and records online and in market for the Service and/or Painters. You consent to allow Paintman.nyc to access to the Project site for this purpose and you consent that Paintman.nyc may distribute and display publicly these materials and recording along with you voice, name, likeness and other information in any media for all commercial or non-commercial purposes without compensation to you or anyone else. Hereby you consent that you gained all the necessary rights and authorizations from other individuals and third parties with respect to the above.

Third party services Painman.nyc Website may have the links to other websites (“Linked Sites”). Paintman.nyc has no responsibilities for the Linked Sites, not responsible for its content or privacy policies. Some services are made through the Website are delivered by third party sites and organizations. By using any product from the Website, you solemnly consent that Paintman.nyc might use and share your information with the third party with which Painman.nyc has a contract. Also you solemnly consent that Paintman.nyc may share your information to the Painters in order to complete your Order.

No Unlawful or Prohibited Use/Intellectual Property You are awarded with a non-transferable, non-exclusive license to enter and use the Website and Service strictly in accordance with these Terms. You have no right to resale or use commercially the Website or its content; you have no right to download or copy the information of the Website for the benefit of another merchant; you have no right to take data from the Website using your tools, bots, automated device or anything else what might harm the Website. Retransmission, republication or other use of the Website data is strictly prohibited. As a condition of your use of the Website, you consent to Painman.nyc that you will not use the Website or Services for any purpose that is prohibited by these terms. You consent to Paintman.nyc that you will not use the Website in any way which could harm, damage, or impair the Website or interfere with any other party’s use. All the content such as logos, texts, graphics, images, etc. included in the Website and Service is strictly the property of Paintman.nyc and protected by copyright and the other laws. You acknowledge to keep up and withstand with all the copyright and all the notices, and consent to not make any changes thereto. You will not delete or customize any proprietary rights or notices in any content.

Feedback You give consent to Paintman.nyc to use freely any feedback, ideas or any materials which you disclose to us (“Feedback”), including emails or telephone calls. Any feedback you give us on a Non-Confidential Basis will not be the subject to secret. Hereby, You give Paintman.nyc a permission to use, reuse, modify and create other works from your Feedback. You give a permission to share your Feedback to any type of media without compensation to you and you assure that all “moral rights” in Feedback have been waived.

Rejection of Representations and Warranties THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” BY APPLICABLE LAW. PAINTMAN.NYC DOES NOT GIVE ANY WARRANTY OF ANY KIND , INCLUDING BUT NOT LIMITED TO ANY WARRANTY. WE DON NOT GUARANTEE THAT THERE WILL BE NO ERRORS OR DEFECTS IN THE SERVICE . THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, IN CASE SOME JURISDICTION DO NOT LET THE EXCLUSION OF IMPLIED WARRANTIES. Paintman.nyc is not liable for any defects, damages or loss which resulted from hacking the Website or Painman.nyc’s computer systems. Some information, products or services which are available via Website may contain technical inaccuracies, not up to date information or typographical errors. THE SATISFACTION GUARANTEE FOR YOUR PARTICULAR PROJECT IS THE PAINTMAN.NYC’s EXCLUSIVE WARRANTY. THE SATISFACTION GUARANTEE IS THE PERFORMANCE OF EXTRA PAINTING SERVICES TO CORRECT ANY DEFECTS OCCURRED DURING THE SERVICES PROVIDED. PAINTMAN.NYC IS NOT RESPONSIBLE FOR QUALITY, TIMELINESS, RELIABILITY, SAFETY, PRODUCTS OR SUPPLIES WHICH WERE PURCHASED FROM THIRD PARTIES, INCLUDING PAINTING SERVICES. YOU GIVE A SOLE CONSENT THAT ALL THE RISKS OCCURRING FROM THE PAINTING SERVICES OR THIRD PARTIES SUPPLIES ARE STRICTLY WITH YOU, TO THE MAXIMUM PERMITTED BY LAW.

Liability Disclaimer and Release PAINTMAN.NYC SHALL NOT BE RESPONSIBLE FOR ANY KIND OF DAMAGES LOST PROFITS, PERSONAL INJURIES, ETC. COMING OUT OR CONNECTED WITH (1) PERFORMANCE OF THE WEBSITE; (2) ANY TYPE OF INFORMATION OBTAINED VIA WEBSITE; (3) THE POSTPONE OR INCAPACITY TO USE THE WEBSITE OR SERVICE; (4) DEFAULT TO PROVIDE SERVICES OR PAINTING SERVICES; (5) ANY TRANSACTION BETWEEN YOU AND THE THIRD PARTIES; OR (6) OTHERWISE COMING OUT OF THE USE OF THE SERVICE, SUPPLIES, ETC., PERMITTED BY APPLICABLE LAW. THE ABOVE LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF RESPONSIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN CASE YOU ARE NOT SATISFIED WITH THE ANY OF THESE TERMS, YOU HAVE A RIGHT TO STOP USING THE SERVICE. YOU SOLEMNLY ACKNOWLEDGE THAT THE QUALITY OF THE PAINTING SERVICE IS STRICTLY UNDER THE PAINTERS RESPONSIBILITY WHO PROVIDES THE SERVICE TO YOU. PAINTMAN.NYC WILL NOT MAKE DISPUTES BETWEEN YOU AND THE PAINTER AND IT IS STRICTLY YOUR RESPONSIBILITY TO MAKE DECISIONS REGARDING PAINTING SERVICES ( WITH ALL ITS IMPLICATIONS) . ANY CLAIMS, DAMAGES COMING OUT OF YOUR USE OF THE WEBSITE STAYS SOLEMNLY WITH YOU AND PAINTMAN.NYC IS RELEASED FROM IT COMPLETELY. YOU ALSO SOLEMNLY RELEASE PAINTMAN.NYC FROM ANY SORT OF PHYSICAL VIOLENCE, THEFT, STALKING, HARASSMENT, ETC. ARISING IN CONNECTION WITH THE CONDUCT, ACT OF ANY PAINTER OR RELATED TO PAINTING SERVICES. YOU RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY OTHER LAW IN ANY OTHER STATE WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IT IS DETERMINED THAT PAINTMAN.NYC OR ITS ALL EMPLOYEES AND AGENTS ARE NOT RESPONSIBLE FOR DAMAGES, AND IN NO WAY SHOULD BE TOTALLY RESPONSIBLE FOR ALL LOSSES, CAUSES OF ACTION RELATED TO THE WEBSITE, SERVICES, SUPPLIES EXCEED THE GREATER OF (1) $50 OR (2) THE AMOUNT EARNED BY PAINTMAN.NYC IN CONNECTION WITH SERVICES OBTAINED BY YOU IN THE 6 MONTHS BEFORE THE CLAIM AROSE.

Reimbursement You give your consent to reimburse and defend Paintman.nyc, all its employees, agents, officers and suppliers, for any costs, liabilities and expenses ( including lawyers feed and costs) relating to or coming out of (i) your use or incapacity to use the Website and Services, (ii) your violation of any of these Terms and Conditions, (iii) your violation of any rights and regulations of a third party, (iv) your violation of any appropriate laws and rules, (v) your cooperation with Painters including all claims and Disputes. Paintman.nyc keeps the right to assume the defense and control of any problem otherwise subject to reimbursement by you, in which case you will solemnly cooperate with Paintman.nyc with respect to such defend.

Termination Paintman.nyc reserves the right to terminate your access to the Website and Service without notice. These Terms will continue to apply as long as you use the Service, and any provisions from the Website are required to be observed after termination will remain binding, including your reimbursement obligations, our limitations of responsibility and the solution of the disputes through arbitration.

Changes to Terms Paintman.nyc has a right, on its own, to change the Terms under which the Website and Service may be used by updating this postings, your use after these changes signifies your acceptance of the changed Terms. Paintman.nyc advises you to review the Terms from time to time to stay updated of any changes.

International Users The Website and the Services are under control of our offices within the US. In case you access the Service outside the US, you are responsible for the pliability with all local laws. You solemnly acknowledge that you will not use the Website or Services in any country or in any way prohibited by any appropriate laws, rules, restrictions and regulations.

Choice of Law To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York.

Arbitration and Disputes

Any dispute or claim from these Terms, the Website, the Service or any Supplies, including Painting Services, obtained through the Service will be resolved by arbitration in New York City. The exception might be a small claim court if your claim qualifies. The Federal Arbitration Act and Federal Arbitration Law apply to these Terms. The Arbitration will be administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this section. You and Paintman.nyc both acknowledge that any dispute resolution proceedings will be held only on an individual basis and not in a class. If for any reason a claim proceeds in court rather than in arbitration you and Paintman.nyc both waive any right to a jury trial. You and Paintman.nyc both acknowledge that they either may bring suit in court to enjoin violation or other abuse of intellectual property rights. You and Paintman.nyc solemnly consent to exclusive jurisdiction of the courts located in New York City in connection with any such litigation. YOU SOLEMNLY CONSENT THAT UNDER THESE TERMS OF USE YOU ARE AGREEING TO ARBITRATION AND WAIVING ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS.

Privacy Please revise our Privacy Policy for information about the personal information from the Website. Paintman.nyc reserves the right to display and disclose all the necessary information required by any law without your notice. Some areas or pages on the Website may include additional or different terms relating to the use of personal information gathered from such areas or pages.

Miscellaneous You solemnly consent that no joint partnership, employment or agency relationship exist between you and Paintman.nyc as of these Terms or use of the Service. If any part of these Terms will be invalid to appropriate law, the warranty disclaimers and responsibility limitations set forth above, then the invalid provision will be superseded by a valid provision that most closely like the intent of the original provision. Paintman.nyc’s default to enforce any part of these Terms will not be considered a waiver. You will not take any of your rights under these Terms to any other merchant without Painman.nyc’s consent. These Terms state the whole acknowledgement between you and Paintman.nyc with the respect to the Website and the Services. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same subject and Conditions as other business documents and records originally maintained in printed form. It is by your own wish to the parties that these Terms and all related documents be written in English.