Terms and Conditions:

For purposes of this Agreement, “Contractor” is the Company purchasing leads from EcoHome Media, LLC. DBA “FabDigs.com”. “Parties” means Contractor and FabDigs.com.

1. Scope

Contractor will use the information contained in the lead provided and will not transfer the name of the prospective property owner, the address of said prospective project, or contact information, including without limitation, the telephone number and e-mail to any third party, construction company, or information center for further solicitation. Contractor will use the information only for the purpose of contacting the prospective property owner in regards to solar installation. Contractor agrees to perform any estimates and complete the solar installation in a good manner, with commercially reasonable quality.

2. Contractor Screening Qualifications

Contractor understands that any legal change to the business which affects services to consumers must be filed with FabDigs.com. Contractor is required to keep any insurance and bond active at all times. FabDigs.com reserves the right to refuse service. Contractor attests that they have all applicable Licenses, Insurance (Liability and Workers Compensation), Certifications and Accreditation, required to perform the work intended for FabDigs.com lead referrals. Provide a copy of the credit card (both sides), a signature is required - in case the account holder is not the Contractor personally, Contractor will need to present a letter from the authorizing Contractor as a valid operator.

3. Disclaimer of Guarantee

FabDigs.com does not guarantee any specific quantity of lead referrals generated. This is a “pay as you go” service.

4. Pre-qualified leads by FabDigs.com

Contractor understands that FabDigs.com will be pre-qualify lead referrals that meet the criteria selected by Contractor during initial registration (project type, customer location, etc). However, FabDigs.com is not responsible for false information provided which FabDigs.com deemed to be reasonably reliable.

5. Lead Cost

All lead referrals provided to Contractor will be exclusive. Exclusive means the lead contact requested to be specifically contacted by listed Contractor.

$60.00 – For solar thermal, domestic hot water, and pool heating, lead referrals
$120.00 – For residential PV lead referrals
$170.00 – For commercial lead referrals less than 100kW
$250.00 - For commercial lead referrals more than 100kW

6. Payment Terms

The Lead Fee will be deducted from the balance of your FabDigs.com account at the time of Lead Transfer. Contractor may choose to either deposit a pre-selected budget into their account or have their credit card charged automatically as Lead Referrals are transferred. A minimum balance of $180.00 is required to maintain an active account.

7. Lead Refund

FabDigs.com generates leads through the FabDigs.com Directory and from FabDigs.com’s affiliate partners. Before being sent out to our network of contractors, each lead is processed by our staff to ensure that the contact information appears genuine, the proper service is selected, and that the lead is not a duplicate.

Contractor is entitled to a refund for a purchased lead only if it meets one or more of the following criteria:

a. Telephone number is incorrect. Prior to the refund being issued, a FabDigs.com representative will confirm that the phone number is indeed incorrect.

b. Lead content was not submitted by the person specified in the contact information supplied.

c. Wrong Job Type selected. Our staff categorizes every lead, but sometimes a mistake is made. In cases like these, Contractor is entitled to either a complete refund (if Contractor decides not to pursue the job), or the lead price will be reduced to its appropriate price (if Contractor still decides to pursue the job).

d. A lead has been purchased twice by the same contractor due to a technical error. If Contractor thinks that a lead Contractor purchased meets any of the conditions listed above, please call us at 408-404-7323, as Contractor may qualify for a refund.

e. Lead Credit is Valid for 365 Days Lead credits are valid for 365 days from the date of purchase. Lead credits are deducted on a first in-first out basis, so leads purchased are applied to Contractor oldest lead credits.

8. Limitation of Service by FabDigs.com

FabDigs.com is merely an advertisement service which provides leads to contractors for potential solar projects. FabDigs.com does not guarantee Contractor utilizing this service will obtain business, nor does FabDigs.com guarantee any validity of the information provided by prospective clients. FabDigs.com is not responsible for false information provided to Contractor, except as noted above at section 5.

9. Freezing the Account

Contractor will be able to freeze the account at any given time from accepting leads. "Freeze" will be activated immediately upon updating the account by using the Contractor login information. By agreeing to this, Contractor authorizes FabDigs.com to pull the funds related with Contractor assigned account for every lead delivered to Contractor by email or FabDigs.com online reporting, according to the budget Contractor have chosen in that month.

10. Arbitration

A. ARBITRATION OF DISPUTES: The Parties agree to resolve any and all claims, disputes, disagreements arising under this Agreement by and through arbitration, unless expressly provided differently in this Agreement, as provided below and irrevocably waive any and all rights to the contrary. The Parties agree to at all times conduct themselves in strict, full, complete and timely accordance with the terms hereof and that any attempt to circumvent the terms of this Arbitration Agreement shall be absolutely null and void and of no force or effect whatsoever.

B. APPOINTMENT OF AN ARBITRATOR: All disputes subject to this Arbitration Agreement, shall be determined by binding arbitration before a retired judge of the Superior Court of the State of California for the County of Santa Clara affiliated with Judicial Arbitration & Mediation Services, Inc. ("JAMS"), and apply the American Arbitration Association ("AAA") guidelines under its commercial arbitration rules, or as may be otherwise mutually agreed by Parties. Such arbitration shall be initiated by the Parties, or either of them, within ten (10) days after either party sends written notice (the "Arbitration Notice") of a demand to arbitrate by registered or certified mail to the other party and to the Arbitrator. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. In the event the Arbitrator is not selected as provided for above for any reason, the party initiating arbitration shall apply to the Santa Clara Superior Court for the appointment of a qualified retired judge to act as the Arbitrator.

C. ARBITRATION PROCEDURE:

1. PRE-HEARING ACTIONS.
The Arbitrator shall schedule a pre-hearing conference to resolve procedural matters, arrange for the exchange of information, obtain stipulations, and narrow the issues. The Parties will submit proposed discovery schedules to the Arbitrator at the pre-hearing conference. The scope and duration of discovery will be within the sole discretion of the Arbitrator. The Arbitrator shall have the discretion to order a pre-hearing exchange of information by the Parties, including, without limitation, production of requested documents, exchange of summaries of testimony of proposed witnesses, and examination by deposition of Parties and third-party witnesses. This discretion shall be exercised in favor of discovery reasonable under the circumstances. The Arbitrator shall issue subpoenas and subpoenas duces tecum as provided for in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1282.6).

2. THE DECISION.

The arbitration shall be conducted in the County of Santa Clara at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this contract. The Arbitrator's decision shall be based on the evidence introduced at the hearing, including all logical and reasonable inferences therefrom. The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the court of applicable jurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1286.2). The validity and enforceability of the Arbitrator's decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this contract. The Arbitrator may award costs, including without limitation, Arbitrator's fees and costs, attorneys' fees, and expert and witness costs, to the prevailing party, if any, as determined by the Arbitrator in his discretion. Whenever a matter which has been submitted to arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith.

11. Indemnity

Contractor agree to indemnify and hold FabDigs.com free and harmless of all liability for any claims, obligations, or disputes arising from or connected with the operation of the lead and a third party - specifically, any homeowner, developer, employee, supplier, and government agency. This indemnity applies to all claims or debts from judgment, decisions, and penalties regarding Contractor compliance or omission thereof for conducting Contractor business in the solar business. FabDigs.com is not an insurer for Contractor of any kind and Contractor are advised to comply with all applicable laws of contracting, employing, and construction. FabDigs.com indemnity, under this section, includes coverage of FabDigs.com attorney fees and costs, if any.

12. Waiver

AS A MEMBER OF FABDIGS.COM, YOU AGREE TO RELEASE FABDIGS.COM (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY LIABILITY, DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH ANY ENTITIES (HOMEOWNERS OR OTHER CONTRACTORS OR OTHER PARTIES).

13. Assignment - Delegation

No right or interest in this Agreement shall be assigned by either Party shall be made without the written permission of the other party. Any attempted assignment or delegation shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

14. Severability

All of the provisions of this Agreement are intended to be distinct and severable. If any provision of this Agreement is or is declared to be invalid or unenforceable in any jurisdiction pertinent to its interpretation, it shall be ineffective in such jurisdiction only to the extent of such invalidity or unenforceability. Such invalidity or unenforceability shall not affect either the balance of such provision to the extent it is not invalid or unenforceable of the remaining provisions hereof or render invalid or unenforceable such provision in any other jurisdiction.

15. Applicable Law

This Agreement shall be governed under the laws of the State of California as effective and in full force on the date of this Agreement. Further, parties agree that California remain the appropriate forum for any cause of action arising out of this Agreement. In the event of such litigation under this Agreement, non-prevailing party agrees to pay reasonable attorney’s fees.

16. Termination

This Agreement is terminable at any time by Contractor or FabDigs.com, for any reason upon notice. Terms of this Agreement are available anytime online at http://solarpro.fabdigs.com/TermsAndConditions. FabDigs.com may change this Agreement at any time upon notice published on FabDigs.com or by email notification to you.