Contractor Terms of Service
Trustmark Home Services
1. Acceptance of Terms
These Contractor Terms of Service ("Contractor Terms") form a binding agreement between you, an independent service provider ("you," "your," or "Contractor"), and LJM LLC, doing business as Trustmark Home Services ("Trustmark Home Services," "we," "us," or "our").
By creating a Contractor account, applying for approval, or accepting any job through the Trustmark Home Services platform (the "Service"), you agree to be bound by these Contractor Terms.
2. Independent Contractor Relationship
You are an independent contractor. Nothing in these Contractor Terms creates an employer-employee relationship, partnership, joint venture, agency, or franchise relationship between you and Trustmark Home Services. You are not an employee of Trustmark Home Services for any purpose, including tax, labor, employment, or benefits.
You are solely responsible for: (a) determining the methods, manner, and means of performing services; (b) procuring and maintaining your own tools, equipment, vehicle, and supplies; (c) determining your own work schedule; (d) paying all applicable federal, state, and local taxes on income you earn, including self-employment taxes; (e) maintaining your own business records; and (f) obtaining and maintaining any necessary business registrations.
You acknowledge that Trustmark Home Services does not provide workers' compensation, unemployment insurance, health insurance, retirement, or other employee benefits.
3. Eligibility and Licensing
To use the Service as a Contractor, you must:
- Be at least 18 years of age;
- Hold a current, valid license in good standing for each trade in which you offer services, where required by applicable law;
- Maintain general liability insurance, and any other insurance required by law or industry, at coverage levels appropriate to your trade;
- Provide accurate and current information during signup and update it promptly when it changes;
- Comply with all applicable federal, state, and local laws, regulations, and licensing requirements.
You authorize Trustmark Home Services to verify your license, business registration, insurance, and other information at any time. Approval to use the Service is at Trustmark Home Services' sole discretion and may be revoked at any time.
4. Service Standards
When you accept a job through the Service, you agree to:
- Arrive within the scheduled visit window, or notify the Homeowner promptly if you cannot;
- Perform services in a professional manner consistent with industry standards;
- Use the in-app messaging tools to communicate with Homeowners;
- Mark jobs as "in progress" and "completed" at the appropriate times;
- Treat Homeowners, their property, and their information with respect.
5. Platform Fee and Payment
Trustmark Home Services retains a platform fee on each transaction processed through the Service. The platform fee is currently 1% of the gross transaction amount. The platform fee is currently capped at $12 per contractor per week, with each week beginning Monday at 12:00 a.m. Eastern Time. Once you reach the cap in a given week, no further platform fee is applied to transactions processed during the remainder of that week. The remainder is paid to you via Stripe Connect, less applicable payment processing fees, which are deducted from your payout.
By creating a Contractor account, you authorize Trustmark Home Services to collect payment from Homeowners and remit your portion through Stripe Connect. You must complete Stripe Connect onboarding before you can receive payouts. You are responsible for keeping your Stripe Connect account in good standing.
6. Non-Circumvention
During your use of the Service and for twenty-four (24) months after your last job through the Service, you agree NOT TO:
- Solicit, contact, or accept work from any Homeowner that you were introduced to through the Service, except through the Service;
- Encourage any Homeowner introduced through the Service to book, pay for, or transact with you outside of the Service;
- Use information about Homeowners obtained through the Service (including names, addresses, phone numbers, or service history) for any purpose other than performing the specific job assigned through the Service.
This restriction applies only to Homeowners with whom you would not have had a business relationship but for Trustmark Home Services' introduction. It does not restrict your ability to perform work in your trade generally or to maintain pre-existing relationships.
Trustmark Home Services invests in finding, qualifying, and routing Homeowners to Contractors. This non-circumvention provision protects that investment.
6.1 Liquidated Damages
You acknowledge that breach of Section 6 causes harm that is difficult to measure. If you breach this provision, you agree to pay Trustmark Home Services liquidated damages of $500 per Homeowner with whom you transacted outside of the Service in violation of Section 6, plus Trustmark Home Services' costs of enforcement, including reasonable attorneys' fees.
7. Contractor's Responsibility for Work
You are solely responsible for the services you perform. Trustmark Home Services does not supervise or control your work. You are responsible for any damage, injury, or loss you cause to Homeowners or their property and you agree to indemnify and hold Trustmark Home Services harmless from any claims arising from your services. You should maintain insurance appropriate to your trade and the work you perform.
8. Data and Confidentiality
You may receive information about Homeowners through the Service, including names, addresses, phone numbers, photographs of their homes, and AI-generated home reports. You agree to:
- Use this information only to perform the specific job assigned through the Service;
- Not disclose, share, sell, or otherwise transfer this information to any third party;
- Comply with all applicable privacy laws.
Trustmark Home Services may collect, retain, and use information about your performance, communications, and activity on the Service in accordance with our Privacy Policy and the license granted in Section 9.
9. License from Contractor
By using the Service, you grant Trustmark Home Services a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, store, copy, modify, distribute, display, and otherwise exploit any content you submit through the Service (including communications, performance data, photographs, notes, and feedback) for any purpose, including operating the Service, improving the Service, training AI models, marketing, and analytics.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND.
TRUSTMARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE.
TRUSTMARK'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE TOTAL PLATFORM FEES YOU PAID TO TRUSTMARK IN THE TWELVE MONTHS PRECEDING THE CLAIM.
10A. Contractor Contacts (CRM)
The Service includes tools that let you store contact information about your own customers ("Contacts"). Contacts are separate from Trustmark Home Services Homeowners: a Contact does not become a Trustmark Home Services customer unless and until that person explicitly opts in through the Service.
- You are the data controller. You determine what Contact information you add, how you use it, and how long you keep it. Trustmark Home Services acts as a data processor, providing storage infrastructure only.
- You represent and warrant that you have a valid basis (existing customer relationship, the Contact's consent, or another lawful basis) to store the Contact information you add, and that your use of the Service to store Contact information complies with all applicable privacy and communications laws.
- Contact data is not Trustmark Home Services customer data. Contacts do not receive marketing from Trustmark Home Services and are not part of the Trustmark Home Services platform unless they opt in.
- Access is restricted. Contact information is visible only to you. Trustmark Home Services administrators and fulfillment specialists cannot browse your Contacts. Trustmark Home Services may access Contact data only in response to a valid legal request or to investigate a specific security incident.
- Export. You may export your Contact data at any time via the built-in CSV export.
- Archive and deletion. Archived Contacts are soft-deleted (recoverable) for 90 days, after which Trustmark Home Services may permanently purge them.
- Account termination. If your account is terminated, Trustmark Home Services will make a final CSV export of your Contact data available to you and will purge Contact data from its systems within 30 days.
11. Termination
Trustmark Home Services may suspend or terminate your account at any time, with or without cause and with or without notice, including for license expiration, complaints from Homeowners, breach of these Contractor Terms, or for any reason in Trustmark Home Services' discretion. You may terminate your account at any time through the Service or by contacting Trustmark Home Services.
Upon termination, your obligations under Sections 6 (Non-Circumvention), 7 (Responsibility), 8 (Data), 9 (License), and 10 (Limitation of Liability) survive.
12. Modification of Terms
Trustmark Home Services may modify these Contractor Terms at any time by posting an updated version. Your continued use after modifications constitutes acceptance. We will make reasonable efforts to notify you of material changes.
13. Governing Law and Dispute Resolution
These Contractor Terms are governed by the laws of the State of New Jersey. Any dispute shall be resolved exclusively in the state or federal courts located in New Jersey, and you consent to personal jurisdiction there.
14. Contact
Questions about these Contractor Terms can be directed to: support@trustmarkhomeservices.com
LJM LLC, d/b/a Trustmark Home Services
LJM, LLC
28 Spring St
Unit #419
Princeton, NJ 08542