Contractor Terms and Conditions

By creating a Contractor account, purchasing or accessing a Lead, or otherwise using the LeadYard service, you agree to these Terms. If you accept these Terms on behalf of a corporation, partnership or other organization, you represent that you have authority to bind that organization.

1. What LeadYard Does

LeadYard connects people seeking quotes for home-improvement, construction, maintenance, repair and related trade services (“Homeowners”) with contractors interested in quoting on those projects.

A “Lead” means a quote request submitted to LeadYard by a Homeowner and made available to one or more Contractors.

LeadYard may provide information about a Lead before purchase, such as the trade category, approximate location, timing and description of the requested work. Personal contact information and other protected information may be made available only after the Contractor purchases or otherwise becomes entitled to access the Lead.

Unless expressly identified as exclusive, a Lead is not exclusive. A Homeowner may request that their project be provided to more than one Contractor.

LeadYard is a lead-generation and matching service. LeadYard is not a contractor, construction manager, agent or representative of either the Contractor or the Homeowner and is not a party to any agreement for work between them.

2. Contractor Eligibility and Representations

You represent and warrant that:

1. the information you provide to LeadYard about yourself and your business is accurate and current;
2. you are legally entitled to provide the services you offer;
3. you hold all licences, registrations, permits, certifications and other authorizations required for your work and jurisdiction;
4. you maintain insurance reasonably appropriate to the services you provide and any insurance required by law;
5. where applicable, you comply with workers’ compensation, workplace safety and employment requirements;
6. you will comply with applicable federal, provincial and municipal laws and regulations; and
7. you will not misrepresent your qualifications, experience, insurance, licensing, affiliations, pricing or services.

LeadYard may request reasonable evidence of licensing, insurance, business registration or other qualifications and may suspend access while verifying that information.

3. Purchasing Leads

Prices for Leads are displayed before purchase or are otherwise agreed with the Contractor.

Purchasing a Lead gives you a limited right to use the Lead information for the purposes described in these Terms. Purchasing a Lead does not purchase ownership of the Homeowner’s personal information.

Payment for a Lead does not guarantee that the Homeowner will:

• answer your call, email or text;
• request or accept a quotation;
• meet with you;
• proceed with the project;
• choose you to perform the project; or
• ultimately perform the project at all.

LeadYard does not guarantee the value, size, profitability or outcome of any Lead.

Information contained in a Lead is primarily provided by the Homeowner. LeadYard may take steps intended to confirm that a request is genuine, but does not guarantee that every statement made by a Homeowner is complete or accurate.

4. Permitted Use of Lead Information

Contact information, project descriptions, photographs, location information and other personal information contained in a Lead are referred to in these Terms as “Lead Data.”

You may use Lead Data only for legitimate purposes relating to the particular quote request for which it was provided, including:

• evaluating whether you can perform the requested work;
• asking reasonable questions about the project;
• preparing or discussing an estimate or quotation;
• arranging an inspection, consultation or appointment;
• communicating about scheduling;
• reasonable follow-up concerning the requested work; and
• performing the work if the Homeowner subsequently hires you.

You must not:

• sell, rent or trade Lead Data;
• provide Lead Data to another contractor or lead-generation business;
• add a Homeowner to a marketing database or mailing list merely because you purchased the Lead;
• use Lead Data to advertise unrelated products or services;
• publish Lead Data;
• use Lead Data to identify or contact other occupants of the property;
• use Lead Data for profiling, data enrichment or unrelated analytics; or
• use Lead Data for any purpose a reasonable Homeowner would not expect from submitting the quote request.

You may disclose Lead Data to your employees or subcontractors only where reasonably necessary to respond to or perform the project, and only if those people are required to protect the information and use it consistently with these Terms.

5. Contacting Homeowners

5.1 Follow the Homeowner’s communication choices

LeadYard may tell you which communication methods the Homeowner has authorized, such as:

• Email;
• SMS/text message; and/or
• Phone call.

You may contact the Homeowner only through communication methods LeadYard indicates are permitted, unless the Homeowner subsequently gives you additional permission directly.

For example, if LeadYard indicates “Email: Yes, SMS: No, Phone: Yes,” you may not send the Homeowner text messages merely because a mobile telephone number is included in the Lead.

5.2 LeadYard consent is project-specific

Any consent obtained through LeadYard is limited to communications reasonably connected with the Homeowner’s quote request.

It does not authorize general or unrelated marketing, including newsletters, promotions, seasonal marketing, future-project solicitations or marketing for another business.

If you wish to obtain separate marketing consent from a Homeowner, you are solely responsible for obtaining and documenting valid consent in accordance with applicable law. You may not represent that LeadYard has obtained that additional consent for you.

5.3 Email and electronic-message requirements

Where you rely on consent obtained through LeadYard to send a commercial electronic message, you must:

1. clearly identify your business as the sender;
2. identify LeadYard as the service through which the Homeowner provided the applicable consent;
3. provide the identification and contact information required by applicable law;
4. include or provide access to a functioning unsubscribe mechanism where required;
5. honour any applicable withdrawal of consent; and
6. comply with any formatting or technical requirements LeadYard reasonably provides for messages sent using LeadYard consent.

LeadYard may provide required wording, footers, links or unsubscribe mechanisms. If provided, you must not remove, obscure or disable them.

5.4 Opt-outs

If a Homeowner asks you to stop emailing, texting or otherwise contacting them, you must:

• stop the applicable communications as required by law;
• record the request;
• notify LeadYard of the withdrawal without delay and, in any event, no later than one business day after you receive it; and
• provide enough information for LeadYard to identify the applicable Lead and communication channel.

If LeadYard informs you that a Homeowner has withdrawn consent, you must update your records and stop using the affected consent immediately, subject only to the time reasonably necessary to implement the request and any shorter requirement imposed by law.

You must not attempt to avoid an opt-out by using a different telephone number, email address, employee, system or business name.

5.5 Telephone calls

Where you make telephone calls to Homeowners, you are responsible for compliance with applicable telemarketing and Do Not Call requirements, including registration, list subscription, identification, calling-hour and internal do-not-call requirements where applicable.

A Homeowner’s permission through LeadYard does not relieve you of any other telemarketing obligation that applies to your business.

6. Privacy Obligations

Once you receive Lead Data, you are responsible for your own collection, use, disclosure, storage and protection of that information as required by applicable privacy law.

You agree to:

• use Lead Data only for the purposes permitted by these Terms;
• limit access to people who reasonably need it;
• use reasonable administrative, technical and physical safeguards;
• keep Lead Data accurate where it is being relied upon;
• respond appropriately to privacy requests and complaints;
• securely delete information when it is no longer reasonably required; and
• comply with applicable privacy laws in the jurisdictions in which you operate.

6.1 Retention

If a Homeowner hires you, you may retain information reasonably required to perform the project, administer your customer relationship and satisfy legal, tax, warranty, insurance or recordkeeping obligations.

If the Homeowner does not hire you, you must delete or securely dispose of Lead Data when it is no longer reasonably required to respond to the quote request.

You may retain the minimum information necessary to document an opt-out, resolve a dispute, prevent fraud or comply with law.

6.2 Photographs and documents

Project photographs or documents provided through LeadYard must be treated as confidential Lead Data.

You must not publish them, use them in advertising, post them on social media or use them as portfolio material without obtaining the Homeowner’s separate permission.

6.3 Privacy or security incidents

You must notify LeadYard at trust@leadyard.ca without undue delay, and where reasonably possible within 24 hours, if you become aware of unauthorized access to, disclosure of, loss of or misuse of Lead Data obtained through LeadYard.

You must reasonably cooperate with LeadYard in investigating and responding to the incident.

Nothing in these Terms prevents either party from making a notification or report directly where required by law.

7. The Contractor–Homeowner Relationship

Any contract for services is entered into directly between you and the Homeowner.

You are solely responsible for:

• inspecting and evaluating the project;
• determining the scope of work;
• quotations and estimates;
• contracts with the Homeowner;
• deposits and payments;
• taxes;
• permits and approvals;
• labour and subcontractors;
• materials;
• health and safety;
• workmanship;
• project scheduling;
• changes and cost overruns;
• warranties and guarantees;
• property damage;
• injuries;
• liens; and
• resolving complaints about your services.

LeadYard does not supervise, inspect, warrant or guarantee Contractor work.

You must not state or imply that LeadYard has certified, guaranteed, endorsed or approved your work unless LeadYard has expressly authorized that representation in writing.

8. Contractor Conduct

You agree to deal with Homeowners professionally and lawfully.

You must not:

• harass, threaten or intimidate a Homeowner;
• continue unwanted contact;
• make materially false or misleading statements;
• impersonate LeadYard;
• represent yourself as an employee of LeadYard;
• manipulate or fabricate reviews;
• pressure a Homeowner to provide a favourable LeadYard rating;
• obtain access to a property through misrepresentation; or
• use information from LeadYard for unlawful or fraudulent purposes.

LeadYard may investigate complaints concerning Contractor conduct.

9. Lead Credits and Refunds

Lead purchases are normally final because access to the information is provided immediately.

However, LeadYard may issue an account credit where a Contractor reports, within 7 days of purchase, that:

• the telephone number and email address provided are both invalid;
• the same Lead was accidentally charged to the same Contractor more than once;
• the Lead was materially outside the trade category or geographic area represented before purchase;
• the Homeowner credibly states that they did not submit or authorize the request; or
• a material technical error by LeadYard prevented access to the Lead.

A Lead is not invalid merely because:

• the Homeowner does not respond;
• the Homeowner changes their mind;
• the project is postponed;
• the Homeowner chooses another Contractor;
• the Homeowner receives a lower quotation;
• the Contractor considers the project too small or unprofitable after speaking to the Homeowner; or
• the Contractor does not win the work.

LeadYard may require reasonable information to investigate a credit request.

Approved adjustments will normally be issued as LeadYard account credits rather than cash refunds, except where required by law or expressly agreed otherwise.

10. Fees, Payment and Taxes

You agree to pay all fees shown to you before purchase or otherwise agreed with LeadYard.

You authorize LeadYard and its payment provider to process charges you initiate through your account.

You are responsible for taxes applicable to your purchases except taxes imposed on LeadYard’s income.

You must not initiate a payment dispute or chargeback for a validly purchased Lead merely because you did not obtain the job. This does not limit a legitimate right to dispute an unauthorized or incorrectly processed transaction.

LeadYard may suspend an account with unpaid or disputed amounts while the matter is investigated.

11. Contractor Accounts

You are responsible for activity conducted through your Contractor account.

You must:

• provide accurate account information;
• keep access credentials and login links secure;
• restrict account access to authorized personnel; and
• promptly tell LeadYard if you believe your account has been accessed without authorization.

You may not sell, transfer or sublicense your LeadYard account.

12. Monitoring and Compliance

LeadYard may keep records reasonably necessary to:

• administer the service;
• document consent;
• determine which Contractors received a Lead;
• process opt-outs;
• investigate complaints;
• prevent fraud or abuse; and
• demonstrate compliance with applicable law.

If LeadYard reasonably requests information concerning a Homeowner privacy or communication complaint, you agree to cooperate and provide relevant records promptly.

13. Suspension and Termination

LeadYard may suspend or terminate your access immediately where we reasonably believe that you:

• have materially breached these Terms;
• have misused Lead Data;
• have sent unauthorized marketing messages;
• have ignored an opt-out;
• have supplied materially false business information;
• are operating without legally required licensing or authorization;
• present a material privacy, security, fraud or safety risk;
• have engaged in abusive conduct toward a Homeowner; or
• have used LeadYard unlawfully.

LeadYard may also discontinue the service or terminate an account on reasonable notice for legitimate business reasons.

Termination does not remove obligations concerning Lead Data, confidentiality, payment, indemnification or other provisions that by their nature should survive termination.

14. LeadYard Name and Intellectual Property

LeadYard and its associated names, logos, software, website content and other intellectual property belong to LeadYard or its licensors.

These Terms do not grant you a licence to use LeadYard branding except as LeadYard expressly permits.

You must not use LeadYard’s name or logo in advertising in a way that suggests sponsorship, certification or endorsement without written permission.

15. Confidentiality

Information LeadYard provides that is identified as confidential, or that a reasonable business would understand to be confidential, must not be disclosed except as necessary to use the LeadYard service or as required by law.

Lead Data is subject to the more specific requirements in Sections 4 through 6.

16. No Guarantee of Leads or Results

LeadYard does not guarantee:

• any minimum number of Leads;
• that a Lead will remain available for purchase;
• exclusivity unless expressly stated;
• that a Homeowner will respond;
• that Lead information will be error-free;
• that a project will proceed; or
• any particular conversion rate, revenue, profit or return on investment.

To the maximum extent permitted by law, the LeadYard service is provided on an “as available” basis.

17. Limitation of Liability

To the maximum extent permitted by applicable law, LeadYard will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost opportunities, loss of business or loss of goodwill arising from the LeadYard service or a Contractor’s relationship with a Homeowner.

To the maximum extent permitted by law, LeadYard’s aggregate liability arising from these Terms or the LeadYard service will not exceed the greater of CAD $100 and the amount the Contractor paid LeadYard during the three months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless LeadYard, KRROP and their officers, employees and representatives from third-party claims, damages, losses, penalties, costs and reasonable legal expenses arising from or relating to:

• services you provide or fail to provide to a Homeowner;
• your breach of these Terms;
• your unlawful use or disclosure of Lead Data;
• messages, calls or marketing communications you send;
• your failure to honour a withdrawal of consent;
• property damage or personal injury caused by you or your personnel;
• allegations concerning your workmanship, contracts, quotations or warranties;
• your breach of applicable licensing, consumer-protection, privacy, telemarketing or electronic-communications law; or
• the acts or omissions of your employees, subcontractors or representatives.

19. Independent Businesses

The parties are independent contractors.

Nothing in these Terms creates an employment, agency, franchise, partnership, joint venture or fiduciary relationship between LeadYard and the Contractor.

You do not have authority to make commitments on behalf of LeadYard.

20. Changes to These Terms

LeadYard may update these Terms from time to time.

Where a change materially affects Contractor rights or obligations, LeadYard will provide reasonable notice through the Contractor account, by email or another appropriate method.

The version and effective date will be identified at the top of these Terms.

Continued use after an updated version takes effect constitutes acceptance to the extent permitted by law.

21. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

Subject to any mandatory law that provides otherwise, the parties submit to the jurisdiction of the courts of Ontario.

22. General

If any provision of these Terms is found unenforceable, the remaining provisions will continue to apply.

A failure to enforce a provision is not a waiver of the right to enforce it later.

You may not assign these Terms without LeadYard’s written consent. LeadYard may assign these Terms as part of a merger, reorganization, financing, sale of the business or substantially all relevant assets.

These Terms, together with any pricing terms, policies or other terms expressly incorporated into them, form the agreement between LeadYard and the Contractor regarding the Contractor service.

Electronic acceptance of these Terms has the same effect as acceptance in writing to the extent permitted by applicable law.

23. Contact

Questions regarding these Terms, privacy, consent or compliance may be directed to:

LeadYard
56A Mill St E
Unit #333
Acton, ON L7J 1H3
trust@leadyard.ca

See also our Privacy Policy, which explains what we collect from Homeowners and how consent is recorded and withdrawn.