General Agreement, Including Terms and Conditions Between ServiceTapp and Appliance Service Company

The Agreement is established between ServiceTapp and Appliance Service and/or Retail Companies, herein referred to as Service/Retail Company) for the purpose of obtaining appliance service and /or retail calls and opportunities including warranty calls for the Service/Retail Company. Consumers will request service via the ServiceTapp App for products including household appliances (washers, driers, dish washers, cook-tops and ranges, refrigerators, freezers, ice makers, wine refrigerators) or other goods with manufacturers’ warranty.

ServiceTapp will provide exclusive Zip codes for service referrals specific to brands served by the Service/Retail Company, including warranty and extended warranty work as authorized by respective warranty companies and manufacturers. Brands and or warranties not serviced by the Service/Retail Company may be offered to another Service/Retail Company. Profits from the online sale of extended warranties will be available as well as Zip code-specific advertisements as agreed upon by the Service/ Retail Company and ServiceTapp. Additionally, informational alerts may be provided to the Service/ Retail Company about appliance models and types with service trends, manufacturer recalls, and other information as developed via the App. ServiceTapp may also provide the Service/Retail Company with customer ratings as reported, and other information appropriate to the appliance and related service and non-service industries.

ServiceTapp will not ask the Service/Retail Company to change their business plan, hours of operations, advertising program, or pricing structure, except as noted herein. ServiceTapp may provide general information about any appliance business practices as part of its consumer education efforts.

The Service/Retail Company cannot sub-contract repair service to independent servicers or other independent businesses. For franchises, each franchise location is required to be a partner with ServiceTapp even if several franchises are owned or operated by a sole proprietor or entity. All service technicians shall be employees of the ServiceTapp partner company.

The Service/Retail Company will provide information about their service technicians including email and cell telephone number. Additionally, the Service/Retail Company shall have readily available all business and professional licenses, insurance, authorized factory service certifications, if requested. The Service/Retail Company will also maintain a web site that includes a link to ServiceTapp using the ServiceTapp logo.

Payment to ServiceTapp will be via a credit or debit card system, as approved by ServiceTapp. The Service/Retail Company agrees to keep its payment systems current. Any disruption of payments may incur costs of no more than 20% of the amount due.

The Service/Retail Company will market the ServiceTapp app to customers with mutually agreed upon goals. The customer database that is created by ServiceTapp belongs solely to ServiceTapp and is confidential, and individual customer information released only when a request for service is accepted. Information about appliances and repairs may be used for training and marketing purposes. The database will not contain any credit card information, except for payments by the Service/Retail Company. This agreement may be ended by the Service/Retail Company by giving a 60-day notice in writing. ServiceTapp may terminate agreement immediately, with any prepaid fees prorated and returned within 30 days. No rights or information provided by ServiceTapp, including but not limited to Zip codes shall be transferred to another company or individual. The fee structure is subject to change and partners will be notified three (3) months prior to implementation.

General Liability and Hold Harmless. As representative of the Service/Retail Company I agree to indemnify, defend, and hold harmless ServiceTapp, and its officers, employees, and agents from and against an and all liability, losses, claims, damages, expenses, demands, and costs (including, but not limited to, attorney, expert witness and consultant fees, and litigation costs) of every nature arising out of the Service Company/Retail Company obligations and performance under this agreement and caused by any negligent act or omission, willful misconduct or violation of law or by the Service Company/Retail Company or its employees, agents, and contractors, except where caused by the sole negligence or willful misconduct of ServiceTapp or as otherwise provided or limited by law. All obligations under this indemnification provision will survive the expiration of the partnership. All laws and agreements are governed by California law in Elk Grove, CA.

The Service/Retail Company will pay $199.00 per year for up to three (3) exclusive Zip Codes and and additional $40.00 per year for additional exclusive zip Codes. For rural zip codes (defined as less than a population of 15,000 people), the cost is $199.00 per year for the contiguous region. The exception to the rural designation is the 220 zip codes with a population between 2000 and 15000 people with high percapita income, above $90,000. For each call referred to the Service/Retail Company via ServiceTapp, there is a $3.99 referral fee charged and paid automatically when the Service/Retail Company accepts the referral. This requires a valid and operational Service Company debit or credit card. Any charge-back fees (insufficient funds, etc.) from the bank to ServiceTapp will be reimbursed by the Service Company.

PSA has established a Certified Service Center which is one of the highest standards in the industry for Service Providers. Our service companies are invited to become certified within 18 months of making this agreement. Before any agreement is made, the Service/Retail Company shall be in fully licensed in accordance with all State and Federal requirements including Manufacturer requirements. This means all licenses, insurance, bonding, State-issued licenses, and manufacturer issued warranty service provider certificates are up to date. Additionally a description of business activities as it relates to becoming a Certified Service Center may be required and must be submitted immediately upon request.