These terms apply to everyone who uses HomeBackupPros, including people who request help ("customers") and people who offer help ("contractors"). HomeBackupPros is owned and operated by HomeBackupPros, a North Carolina trust, acting by its trustee ("we" or "us"). By using the site you agree to these terms. If you do not agree, please do not use the site.
Please read sections 14 and 16. They limit our liability, include a release, set a one-year deadline for claims, and require most disputes with us to be resolved by private individual arbitration instead of in court, with no class actions and no jury. You can opt out of arbitration within 30 days.
1. What HomeBackupPros is
HomeBackupPros is an online marketplace. It lets customers describe work they need done and lets independent contractors send quotes. We do not perform the work, employ contractors, supervise them, set their prices or guarantee their work. Any agreement to do work is made directly between a customer and a contractor.
2. Contractors are independent
Contractors are independent individuals or businesses. They decide which jobs to quote, what to charge, which tools to use and how to do the work. Nothing on the site makes a contractor our employee, agent or partner.
3. Accounts and eligibility
You must be at least 18 years old. You sign in with a one-time link sent to your email address, and you are responsible for activity on your account. Give us accurate information and keep it current.
4. Insurance labels
Each contractor shows one of two labels. "Verified" means we reviewed a certificate of insurance that appeared current when we reviewed it. "Self-reported" means the contractor told us they carry coverage and we have not reviewed it. We recommend that customers hire insured contractors and that contractors carry insurance, and that each checks with their own insurance agent. We do not guarantee that any policy is in force or that it covers a particular job. Ask the contractor for proof if it matters to you.
5. Work that is not allowed
Through HomeBackupPros, the following is not allowed: electrical, roof or structural work without the licenses, permits and inspections it requires, or work that does not meet the North Carolina State Building Code. Every contractor must carry general liability insurance to quote.
6. Local laws, permits and waste rules
Local governments and homeowners associations may have rules that apply to the work: permits and inspections, utility interconnection approval, HOA rules on roof and ground equipment, zoning setbacks for ground mounts, and placement rules for generators. HomeBackupPros does not check, monitor or enforce these rules and does not promise that any request, quote or job complies with them. Customers are responsible for the rules that apply to their property, including HOA rules. Contractors are responsible for the rules that apply to their work and business, including licenses, permits and lawful disposal. Anything on the site about local rules is general and may be out of date. Confirm it with the town or association before work starts.
7. Quotes, prices and payment
Contractors set their own prices and choose how to charge, either a flat price for the whole job or an hourly rate with estimated hours. Any estimated total shown for an hourly quote is the contractor's estimate, not a guarantee, and the final amount is agreed between the customer and the contractor. Customers pay contractors directly using whatever method they agree on. HomeBackupPros does not collect or hold payment for the work itself.
Requesting and sending quotes is currently free. If we introduce a fee, it will be shown clearly before you are charged, and the amount will be refunded if the contractor you hired does not show up and you report it within 14 days of the scheduled date.
8. Referrals, affiliate links and advertising
HomeBackupPros may show advertising, sponsored offers and affiliate links, and may refer you to other companies, including businesses owned by or affiliated with the people behind HomeBackupPros, such as a licensed insurance agency or other vendors. HomeBackupPros and its owner may be paid a commission or referral fee when you click, buy or sign up. These offers are labeled, and our affiliate disclosure explains more. You never have to use any company we mention, and payment does not affect which contractors see a job, how quotes are shown, or ratings. Any purchase or policy is between you and that company under its own terms, and we do not guarantee its products, prices, coverage or service. Insurance is sold only by licensed agencies and carriers. Nothing on HomeBackupPros is insurance advice for your situation.
9. Privacy of contact details
A customer's name, street address, phone number and email are shared only with the contractor whose quote the customer accepts. A contractor's contact details are shared only with that customer. Our privacy policy explains the rest.
10. Your content
You keep ownership of the photos and text you post. You give us permission to store and display them as needed to run the marketplace, including showing job photos to contractors who may quote. Do not post anything you do not have the right to share, or anything unlawful, hateful or misleading.
11. Ratings and reports
Customers may rate contractors and report no-shows. Ratings must be honest and based on a real job. We may remove ratings or suspend accounts that abuse the system. Contractors who reach the no-show limit are suspended automatically.
12. Things you may not do
- Use the site to harass, threaten or defraud anyone
- Post fake requests, fake quotes or fake ratings
- Scrape, copy or resell the site's data
- Try to get around the site's security or rate limits
- Use another person's account
13. No warranty
The site is provided as is. We do not promise that it will always be available or error free, that any contractor will quote, or that any job will be done well. Customers and contractors are responsible for checking each other out and for their own decisions.
14. Limits on our liability
To the fullest extent allowed by law, we are not liable for property damage, injury, lost profits or other losses that arise from work arranged through the site or from dealings between customers and contractors. Where we are found liable, our total liability is limited to the greater of $100 or the fees you paid us in the twelve months before the claim. Some laws do not allow these limits, and in that case they apply only as far as the law allows.
Release. Disputes between customers and contractors are between them. To the fullest extent allowed by law, you release us, and our trustee, beneficiaries, officers, agents and successors, from all claims, demands and damages of every kind, known and unknown, that arise from or relate to any dispute with another user or with any work, payment, property, injury or communication arranged through the site. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of other places waive any similar law.
15. Your responsibility to us
If you break these terms or the law, or a claim arises from work you performed or arranged, you agree to cover our reasonable costs of dealing with it, including attorney fees, to the extent the law allows.
16. Disputes and arbitration
Talk to us first. Before starting arbitration or a small claims case, send a written notice to help@homebackuppros.com with your name, the email on your account, a description of the problem and the relief you want, signed by you personally, not only by a lawyer. Then give us 60 days to resolve it, and take part in good faith in a call or video meeting if either side asks for one. We will do the same before bringing a claim against you. Deadlines for the claim are paused during these 60 days. A claim filed without this step may be dismissed. This does not stop you from contacting a government agency at any time.
Arbitration instead of court. Any dispute between you and us that arises from or relates to these terms, the site, your account or your use of it, and that is not resolved informally, will be decided by binding arbitration on an individual basis. The arbitrator, not a court, decides any question about whether a dispute must be arbitrated and about the meaning, scope and enforceability of this section, except that a court decides the class waiver below. Two exceptions: either side may bring an individual claim in small claims court if it qualifies and stays there, and either side may ask a court to stop infringement of intellectual property or misuse of the site's security or data.
The arbitrator. There is no arbitration company involved. A single neutral arbitrator decides the dispute. The arbitrator must be a retired judge or an attorney licensed in North Carolina for at least ten years. The side starting arbitration sends a written demand to the other side, and the two sides then have 30 days to agree on the arbitrator. If they do not agree, either side may ask a court with jurisdiction to appoint one under the Federal Arbitration Act. If both sides agree in writing, they may instead use an arbitration organization of their choice under its rules.
How it works. The arbitrator follows these terms and the North Carolina Revised Uniform Arbitration Act where it is consistent with the Federal Arbitration Act. Claims for $25,000 or less are decided on written submissions alone unless the arbitrator decides a hearing is needed. Any hearing is held by video or phone, or in person in the county where you live if the arbitrator decides that is necessary. The arbitrator may award only individual relief, and only to the extent needed for the individual claim, and is bound by the limits in these terms. The decision is final and may be entered in any court with jurisdiction. The proceeding and the decision are confidential except as needed to enforce the decision or as the law requires.
Costs. If you start arbitration, you pay $250 toward the arbitrator's fees, the same as or less than a typical court filing fee, and we pay the rest of the arbitrator's fees. If we start arbitration, we pay all of them. Each side pays its own lawyers and costs, unless a law that applies to the claim provides otherwise or, for a contractor, the contractor agreement provides otherwise. If the arbitrator finds a claim or defense frivolous or brought for an improper purpose, the arbitrator may order that side to pay the other side's arbitration costs and reasonable attorney fees.
No class actions and no jury. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective or representative proceeding, and claims of different people may not be combined. You and we each give up the right to a jury trial. If this class waiver is found unenforceable for a particular claim, that claim will go to court, will wait until the individual arbitration ends, and the rest of this section still applies to everything else.
Many similar claims. If 25 or more similar demands are filed by or with the help of the same lawyers or organization, they will be handled in batches of no more than 10 at a time, one arbitrator per batch, and the rest wait their turn. Deadlines for the waiting claims are paused while they wait. A court may enforce this paragraph.
One-year deadline. To the extent the law allows, any claim against us must be started within one year after it arises, or it is permanently barred.
Opting out. You may opt out of arbitration by emailing help@homebackuppros.com within 30 days of first agreeing to these terms. Use the subject line "Arbitration opt-out" and include your name and the email address on your account. Opting out does not affect any other part of these terms.
Governing law. These terms are governed by the laws of North Carolina, except that the Federal Arbitration Act governs this section. If a claim goes to court, it will be heard in a state or federal court that has jurisdiction over it. This section survives the end of your account or your use of the site.
17. Notices, assignment and limited recourse
Legal notices and service of process may be sent to the postal address in the Contact section, with a copy by email to help@homebackuppros.com. We may assign these terms, and the marketplace itself, to any successor owner without your consent, and the successor takes our place under them. HomeBackupPros is operated by a trust through its trustee. Any claim against us may be satisfied only from the trust's own property. No trustee, beneficiary or officer of the trust is personally liable for the trust's obligations.
18. Ending your use
You can stop using the site at any time and ask us to close your account. We may suspend or close accounts that break these terms or put others at risk.
19. Changes
We may update these terms. The date at the top shows the latest version. If a change is significant we will tell you by email or on the site before it takes effect. A change to section 16 does not apply to a dispute you or we had already raised before the change.
20. Contact
Additional terms for solar, battery and generator requests
Contractors on the site are independent businesses that hold their own licenses and insurance. We check license numbers when a contractor applies, but we do not supervise their work, guarantee their prices, production estimates or savings, or warrant any equipment. Estimates made from the usage you enter are not final prices.
The standard home energy evaluation is offered by contractors at the price shown on the site. A contractor who offers it agrees to credit that amount toward the system price if you buy the system from that same contractor. Unless the site says you are paying us, you pay the contractor directly. Questions about whether an evaluation happened or a credit was applied are between you and the contractor, and you can tell us so we can act on the contractor's account.
Information about utilities, rates, programs and rules on the site is general, can change, and may be out of date. Confirm it with your utility and your contractor.