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FindAWaterproofer.co.nz / FAW Contractor Agreement
Status: Draft for founder evidence and policy review. Not legal advice. Not approved for publication, onboarding, lead access, or contractor monetisation.
Last updated: [PLACEHOLDER — insert date]
1. Parties
This Contractor Agreement (Agreement) is between:
- FAW legal operator: [PENDING REGISTRATION/ADDRESS — confirm legal entity or sole-trader name]
- Business structure: [PENDING REGISTRATION/ADDRESS — confirm unregistered legal entity / structure]
- Trading name: FindAWaterproofer.co.nz / FAW
- NZBN: [PENDING REGISTRATION/ADDRESS — confirm whether an NZBN applies and insert it if applicable]
- GST registration and number: [PENDING REGISTRATION/ADDRESS — confirm registration status; insert GST number only if registered and appropriate]
- Address: [PENDING REGISTRATION/ADDRESS — select and confirm a physical or service address suitable for legal notices]
- Contractor and complaints contact: hello@findawaterproofer.co.nz
and the contractor accepting this Agreement (Contractor).
The Contractor must provide accurate information required by the approved onboarding policy and keep it current.
2. Purpose and FAW's role
Founder evidence has not yet confirmed FAW's final platform model, launch workflow, or legal role. This section is proposed policy only; it is not a statement that FAW currently operates, or will launch, as a platform, introducer, lead-generation service, agent, or any other defined role.
If founder evidence and policy review approve the proposed model, FAW would help homeowners and waterproofing contractors connect as a platform, introducer, or lead-generation service. The approved version would also state whether FAW is not the waterproofing contractor, the homeowner's agent, the Contractor's agent, or a party to a contract for waterproofing work, except where FAW expressly agrees otherwise in writing.
If that model is approved, the Contractor would be an independent business and the Agreement would need to state whether it creates employment, partnership, joint venture, agency, franchise, or authority for either party to bind the other.
[FOUNDER EVIDENCE AND POLICY GATE — before this Agreement is used, confirm the final platform role, agency position, work-contract position, and allocation of responsibility for advice, site visits, quotes, scope, workmanship, materials, staff, subcontractors, compliance, warranties, payment terms, and customer relationships. Then replace this proposed wording with approved role language.]
3. Draft status and acceptance
This Agreement is a draft and must not be relied on as a final contract until FAW has completed founder evidence and policy review and recorded approval in the legal implementation process.
[IMPLEMENTATION GATE — contractor-agreement acceptance is not currently implemented. Confirm the acceptance method, acceptance point, agreement version, contractor identity, timestamp, and retained acceptance record before this Agreement is used for contractor onboarding, lead access, or payment use.]
4. Eligibility, onboarding, and profile information
[CURRENT EVIDENCE GATE — the repository does not establish a final contractor eligibility, verification, or approval standard. This section is draft policy, not a statement that a particular approval workflow is operating.]
The Contractor must provide information that is accurate, complete, current, and not misleading. This includes information about its identity, services, areas, availability, qualifications, licences, insurance, certifications, staff or subcontractors, photos, examples of work, reviews, testimonials, pricing statements, and warranty claims.
The Contractor must promptly correct or update information that becomes inaccurate, expired, suspended, incomplete, or misleading. FAW may request supporting evidence and may edit, hide, remove, or require changes to contractor-supplied profile content in accordance with the approved policy.
[POLICY GATE — current contractor eligibility and approval facts do not establish whether onboarding is open, invite-only, manual, automated, or subject to acceptance, rejection, or suspension criteria. Confirm the mandatory fields, evidence requirements, approval policy, re-confirmation frequency, and any right to reject or pause participation before relying on this section.]
5. Licences, insurance, qualifications, and compliance
The Contractor must hold and maintain all licences, qualifications, registrations, approvals, consents, insurance, and competencies required for the work it offers and performs.
For work involving restricted building work, weathertightness-critical work, waterproofing systems, council consents, producer statements, records of work, or other regulated requirements, the Contractor is responsible for ensuring that suitably licensed or qualified people carry out or supervise the work.
The Contractor must not claim to hold a licence, qualification, certification, insurance policy, accreditation, manufacturer approval, or specialist status unless the claim is true, current, and supported by evidence.
[PLACEHOLDER — confirm public-liability insurance type and minimum cover; professional-indemnity requirements, if any; LBP requirements; trade memberships; supplier or applicator certifications; and treatment of PS1, PS3, PS4, council-consent, and record-of-work obligations.]
6. Leads and the homeowner-contractor relationship
FAW may make homeowner leads available to Contractors under the approved lead-access policy. A lead may have no more than three active paid, non-refunded contractor unlocks. Checkout must not create a fourth such unlock, and a payment receipt, success page, or observation alone does not grant lead entitlement. Paid entitlement is granted only when the payment webhook has persisted the entitlement.
Current homeowner intake does not request a street address, house number, or exact property location. Contractors may access photos only after paid entitlement. These facts do not settle every field visible before or after unlock.
Unless FAW expressly states otherwise in approved terms, FAW does not guarantee that a lead is accurate, available, exclusive, suitable, will result in contact, a quote, an accepted job, payment, or completed work.
The Contractor decides whether to contact, inspect, quote for, accept, or decline a job. Any quote, inspection, work contract, payment for work, warranty, defect, callback, or dispute between a homeowner and Contractor is directly between them. FAW is not responsible for those matters.
[VISIBILITY AND POLICY GATE — define every pre-unlock and post-unlock field, including name, email, phone, suburb or location, description, property type, measurements, photos, documents, preferred contact method, and other metadata. Complete a contractor-facing payload review showing that no name, phone, email, street address, embedded contact detail, photo URL, or other personal information is returned before entitlement. Confirm the definition of active/non-refunded unlock, reopening conditions, treatment of original purchasers, notification process, emergency-lead rules, and entitlement-revocation rules.]
7. Fees, payment, and tax
The Contractor must pay only the fees that FAW has clearly stated in approved terms or pricing before the relevant service is provided. FAW may use a third-party payment provider. The Contractor must provide accurate and authorised payment details.
FAW may suspend or restrict access for a failed, reversed, disputed, unauthorised, or overdue payment, subject to the final payment policy and applicable law.
[PENDING REGISTRATION/ADDRESS AND POLICY GATE — confirm all fees, the fee model, payment timing, payment provider, invoicing or receipts, failed-payment process, chargeback process, overdue-account consequences, price-change notice, and lead-credit expiry, if any. The current displayed $49 / +GST code and UI do not confirm an approved launch price, GST registration, GST number, or final GST treatment.]
8. Refunds, credits, and invalid leads
Any refund, credit, replacement lead, or other remedy will be governed by the approved refund policy and applicable law. A lead is not automatically invalid merely because the homeowner chooses another contractor, does not respond immediately, seeks another quote, declines a quote, or the Contractor decides not to quote.
[PLACEHOLDER — define fake, duplicate, unreachable, wrong-category, and out-of-area leads; the refund or credit window; evidence requirements; decision-maker and review process; and whether a remedy is a cash refund, credit, replacement lead, discretionary remedy, or another outcome.]
9. Lead information, privacy, and retention
The Contractor may use homeowner lead information only to respond to, quote for, and, where engaged, perform the waterproofing-related service requested by that homeowner. The Contractor must keep that information secure and limit access to personnel who need it for that purpose.
The Contractor must not resell, scrape, bulk export, publish, or create a separate database from lead information. It must not share lead information with unrelated third parties, use it for unrelated marketing, or contact a homeowner about unrelated services without the homeowner's separate consent.
The Contractor must securely delete or dispose of lead information when it is no longer needed for the permitted purpose, subject to lawful record-keeping requirements. The Contractor must promptly notify FAW at hello@findawaterproofer.co.nz if lead information is lost, misused, accessed without authority, or disclosed in error, and must reasonably cooperate with privacy-related requests or investigations.
[RETENTION AND POLICY GATE — set retention periods for lead information, contractor-held records, complaints, payment and accounting records, and other relevant data. Confirm permitted staff and subcontractor access, privacy-breach escalation, homeowner opt-out handling, and the access, correction, deletion, and complaint processes.]
10. Communications and marketing
The Contractor must communicate with homeowners honestly, professionally, and respectfully. The Contractor must not mislead, harass, threaten, discriminate against, pressure unfairly, or continue contacting a homeowner who has clearly asked it to stop, except where necessary for an existing lawful contract or legal obligation.
The Contractor must not claim that FAW guarantees its work or has verified a matter unless FAW has expressly approved that exact claim. The Contractor must comply with applicable privacy, consumer, marketing, and anti-spam laws. It must not send unsolicited commercial electronic messages using lead information obtained through FAW.
[PLACEHOLDER — confirm response-time expectations, emergency-lead standards, permitted contact channels, repeat-contact rules, homeowner opt-out handling, and any requirements for transactional or marketing communications.]
11. Work standards, safety, and subcontractors
The Contractor is responsible for inspecting a site where needed; identifying scope, exclusions, risks, assumptions, access issues, and compliance requirements; giving accurate quotes or estimates; and performing work with reasonable care and skill.
The Contractor must comply with applicable laws, building requirements, product and manufacturer requirements, and health and safety obligations. It remains responsible for its staff, subcontractors, and agents, including their conduct, compliance, and handling of homeowner information.
[PLACEHOLDER — confirm whether subcontractors may access FAW leads, the conditions for that access, and any required evidence or approval.]
12. Complaints, reviews, and platform action
FAW may receive complaints from homeowners, contractors, or third parties. The Contractor must reasonably cooperate with FAW's complaint process, including by providing relevant communications, photos, quotes, invoices, insurance details, licence evidence, or other records.
FAW may take proportionate platform action where it reasonably believes the Contractor has breached this Agreement, provided misleading information, misused lead information, acted unprofessionally, or created legal, safety, privacy, or reputational risk. FAW is not required to determine or resolve a workmanship, payment, contractual, or warranty dispute between the Contractor and a homeowner.
If FAW enables reviews, ratings, testimonials, or similar features, the Contractor must not submit fake reviews, pressure for misleading reviews, offer improper incentives, retaliate for honest reviews, manipulate review systems, or arrange undisclosed reviews from related people.
[PLACEHOLDER — confirm complaints intake, evidence process, warning and suspension process, urgent-action criteria, contractor response rights, review moderation, reply rights, and escalation of serious safety, fraud, or privacy matters.]
13. Confidentiality and intellectual property
The Contractor must keep non-public FAW information confidential, including non-public lead-pricing methods, internal workflows, platform systems, business plans, ranking or allocation processes, technical information, and personal information. This obligation does not apply to information that is public through no fault of the Contractor or that must be disclosed by law.
The Contractor retains ownership of its content, subject to rights held by others. By providing content to FAW, the Contractor gives FAW a non-exclusive permission to store, reproduce, edit, display, distribute, and promote that content to operate, market, and improve FAW. The Contractor confirms it has the right to provide the content.
FAW owns or licenses its name, brand, website, platform design, software, systems, templates, workflows, and FAW-created content.
14. Non-circumvention
The Contractor must not misuse FAW's lead-generation process to avoid an agreed FAW fee. This clause does not prevent a homeowner from freely choosing a contractor or interfere with lawful homeowner-contractor relationships.
[FOUNDER EVIDENCE AND POLICY REVIEW GATE — confirm the final scope, exceptions, duration, remedies, and operational need for any non-circumvention obligation.]
15. Suspension, termination, and records
FAW may suspend, restrict, or terminate the Contractor's platform access where it reasonably believes the Contractor has materially breached this Agreement; failed to pay an approved fee; provided false or misleading information; misused homeowner information; breached privacy or anti-spam obligations; acted unlawfully, dishonestly, abusively, or unsafely; lost required credentials or insurance; or created a material legal, safety, operational, or reputational risk.
After termination, the Contractor must stop representing itself as participating in FAW and stop using FAW leads except where necessary to complete an existing lawful homeowner contract. Unpaid approved fees remain payable. Clauses intended to survive termination, including privacy, confidentiality, lead-use restrictions, payment, liability, and dispute provisions, continue to apply.
[PLACEHOLDER — confirm notice periods, account-closure process, treatment of prepaid fees and lead credits, access to previously purchased lead information, retained-record categories and retention periods, and any appeal or review process.]
16. Indemnity and limitation of liability
[FOUNDER EVIDENCE AND POLICY REVIEW GATE — confirm whether an indemnity is part of the intended contractor policy and, if so, its scope, limits, and exclusions.]
[FOUNDER EVIDENCE AND POLICY REVIEW GATE — confirm the intended liability exclusions and cap, including the operational basis for them and applicable consumer-law treatment.]
17. Changes, notices, and disputes
FAW may update approved contractor terms from time to time. FAW will give notice of material changes by the method and period set out in the approved version of those terms.
Notices to FAW, including contractor and complaint correspondence, must be sent to hello@findawaterproofer.co.nz. The Contractor must keep its contact details current.
The parties should first try to resolve a dispute in good faith through direct discussion. This Agreement is governed by New Zealand law.
[PLACEHOLDER — confirm notice method and notice period; dispute-resolution and mediation process; forum; and treatment of urgent court or other relief.]
18. Review before use
Before this Agreement is used, FAW must resolve the gates in this document, collect founder evidence for each operational claim, align it with the final product, payment, data, and contractor policies, and record approval in the legal implementation process. This draft remains subject to the governing legal implementation checklist and status gate.