The SafePact Service.
Account. In order to use the SafePact service, a homeowner must establish an account as a Homeowner on the SafePact website and a contractor must establish an account as a Contractor. The account is not activated until confirmed by a SafePact e-mail.
Beginning a Transaction.
Either party may initiate a transaction by completely filling out the Create a Job screen on the SafePact website.
That party offers the transaction to the other party by sending an “Invitation” from the Create a Job screen.
This Invitation may be withdrawn at any time prior to acceptance by the other party, and will terminate 7 days from the date the offer is made.
If the other party accepts the Invitation, a Transaction is created. Later changes to the Transaction may only be made by agreement of both parties through SafePact message portal and then confirming the change by contacting the SafePact Helpdesk through the Contact Us button and entering the appropriate information.
Once a Transaction is created, the Homeowner must deposit the agreed upon amount into the SafePact escrow account through any of the methods accepted on the SafePact website. If the Homeowner fails to deposit the funds within 7 days, the Transaction will be canceled.
Once the deposit has been confirmed by SafePact, both parties will be notified that the funds are being held in escrow by SafePact (the Escrow Funds).
Canceling a Transaction.
Transactions can be cancelled by the party initiating the transaction if the other party has not already accepted the transaction invitation by clicking the "Cancel Transaction" button on the SafePact website and provide a reason for cancelling the transaction in the comments section.
Once a transaction has been accepted by the other party, you must contact SafePact.com for all requests to cancel a transaction and cannot cancel it without the consent of the other party.
Release of Escrow Funds. Following the deduction for its fees, SafePact will release the Escrow Funds upon the first of the following:
Upon notification by both parties that the Transaction is complete and the funds are to be released.
Upon notification by both parties that the Transaction is not complete but they have agreed upon a partial release of funds.
Upon notification that the parties have worked out a dispute and agreed upon the proper distribution of funds.
Upon notification from an arbitrator of the proper distribution of funds.
Upon judgment from a court directing the distribution of funds.
Disputes. Disputes between the Homeowner and the Contractor will be handled as follows:
Dispute Resolution. The party disputing the transaction must complete the Dispute Resolution section of the SafePact website. The parties then have ten business days from the date the dispute is transmitted to the other party to settle the dispute and mutually direct SafePact as to the proper allocation of funds.
Arbitration. In the even the parties do not work out the dispute in within 10 days, the dispute may be submitted by either party for binding arbitration by the American Arbitration Association (“AAA”). The arbitration shall take place in the county where the work was performed or delivered. The dispute shall be arbitrated by a single arbitrator selected under the rules of the AAA, with the arbitration carried out as directed by the arbitrator. The arbitrator may divide the costs of arbitration between the parties as the arbitrator deems appropriate and may award the prevailing party their costs of arbitration, including attorney’s fees, witness fees, and such other costs the arbitrator deems appropriate. SafePact will not be a party to the arbitration, but will direct the Escrow Funds as directed by the arbitrator’s final decision.
Failure to Arbitrate. In the event neither party submits the dispute to arbitration, SafePact may submit the dispute to arbitration, or may file an action with a court to determine the proper disposition of the Escrow Funds.
In any event, SafePact’s obligations to either party in a dispute shall be limited to the release of the Escrow Funds.
Fees. SafePact will be entitled to fees as calculated on the Fees section of the SafePact website. In the event of a change in fees, the transaction will be charged based on the fee structure in place at the time the transaction was accepted by both parties. One-half of SafePact’s fee will be deducted upon the deposit of funds by the Homeowner and the balance of the fee will be deducted from the amount paid to the Contractor at the time of final payment. If the Homeowner pays with a credit card there is a separate 3% fee associated with processing the credit card which is charged to the Contractor.
SafePact Obligations. SafePact is not a bank and is acting solely as an escrow agent between the parties. As such, SafePact will do the following:
Take all reasonable precautions to ensure that the parties’ electronic information is secure.
Take all reasonable precautions to ensure that the Escrow Funds are kept in an FDIC insured Bank in a designated escrow account.
Not favor either party over the other.
SafePact Disclaimers: The parties’ acknowledge that SafePact is solely responsible for the handling of the Escrow Funds and is not responsible for any other aspect of the Transaction, specifically including:
The cost, quality or timeliness of the Contractor’s work.
The financial status of either party.
Obtaining building or other permits.
The payment of taxes of any type.
The placement or release of liens.
No Warranty. In no event will SafePact or any of its employees be liable to any user for any sort of damages as a result of the use of the SafePact website, other than related to the transfer of the Escrow Funds. With regard to the transfer of the Escrow Funds, SafePact is not liable for errors caused as a result of processing delays, banking services, transmission errors, or errors in the data provided to SafePact. A party's sole remedy against SafePact shall be the return of fees charged on the Transaction.
Communication. All communications to SafePact shall be made in writing to the SafePact Helpdesk through the Contact Us button and entering the appropriate information. If you believe an error has been made or unauthorized use of your account occurred, you must notify SafePact within 24 hours of discovery.
Lawful Use. No person may enter into a Transaction on the SafePact website which is illegal in the jurisdiction in which it is to be performed.
Copyright. The contents of this website are the copyrighted property of SafePact.com, LLC and may not be used in any way without the express permission of SafePact.