Terms of Service
Introduction
These Terms of Service ("Terms") are a legal agreement between you and Deako, Inc., a Delaware corporation ("Deako," "we," "us," or "our") that governs your access to and use of hipowerhomeservices.com (the "Site") and your purchase of residential electrical services offered through the Site and our sales team (the "Services" and, together with the Site, the "Program"). References to "you" and "your" mean any person who visits or uses the Site, requests a quote, or purchases Services through the Program.
The electrical work sold through the Program is performed by Hi Power Electric LLC, a Colorado limited liability company holding Colorado Electrical Contractor license EC.0102081 ("Hi Power"). Section 1 describes the roles of Deako and Hi Power. Please read it first.
By using the Site or purchasing Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER; PLEASE REVIEW SECTION 19.
1. Who does what
Your purchase of Services is a contract with Deako. Deako operates the Site and the Program: advertising, quotes, scheduling, customer service, invoicing, and payment collection. Deako is the seller and merchant of record for the Services.
All electrical work is performed by Hi Power, a licensed and insured Colorado electrical contractor engaged by Deako as its subcontractor. Hi Power supplies and supervises the electricians who work in your home, obtains required permits, performs the work to applicable codes, and provides the workmanship warranty described in Section 9. Hi Power is responsible for the manner, means, and safety of the electrical work.
Deako is not an electrical contractor, performs no electrical work, and does not supervise crews. Nothing in these Terms limits Hi Power's responsibility for the electrical work it performs or your rights under applicable law with respect to that work.
2. Age and authority
You must be at least eighteen years of age to purchase Services, and you represent that you own the property where Services will be performed or are authorized by the owner to order the work.
3. Changes to these Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site and to Services ordered thereafter. However, any changes to the Governing Law and Dispute Resolution sections will not apply to any disputes for which the parties have actual notice prior to the date the change is posted. Your continued use of the Site or the Program after the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
4. Quotes and pricing
Services are offered at fixed prices from a published price list. Quotes are prepared from the information you provide, including answers to scoping questions and photos or video of your home that you submit. A quote covers the scope described in it. For certain services, an on-site assessment is required before a final price can be confirmed; if an assessment carries a charge, that charge and whether it is credited toward the job will be disclosed before you book. If the conditions at your property differ from the information you provided, the price may change as described in Section 6.
5. Booking, scheduling, cancellation, and refunds
A booking is confirmed as described at checkout. Any deposit, and the amount and timing of payment, will be shown before you book. Deposits, cancellation terms, reschedule terms, and any fees for late cancellation or missed appointments are disclosed at booking and form part of your order. Refunds are issued to your original payment method in accordance with the cancellation terms presented at booking. You agree to provide safe and reasonable access to the work area at the scheduled time, including securing pets.
6. Changes in scope
If the crew finds conditions that change the scope or price of the work, work on the change will pause until the change and its price are reviewed with you and you approve them. You may decline the change; if you decline, you may cancel the remaining work and receive a refund of amounts paid for work not performed. Approved changes are billed through the standard checkout; the crew does not collect payment on site.
7. Payments and financing
Deako collects payment for Services as merchant of record, at the time or times shown at checkout. Payments are processed by our third-party payment processor; we do not access or store your full card information, and you should review the processor's terms and privacy policy before submitting payment information. Installment financing, where offered, is provided at checkout subject to the financing provider's terms and eligibility; financing does not change the price of the Services. Applicable sales or use taxes are added to the prices shown and are collected and remitted by Deako. You pay on your own device; no member of the crew or sales team handles your card.
8. Permits and inspections
Where the work requires a permit, Hi Power applies for and obtains the permit under its license and schedules any required inspections. You agree to provide reasonable access for inspections. Permit and inspection timelines are set by the local authority and are communicated to you at or after booking.
9. Warranties on the work
Hi Power provides a workmanship warranty on its electrical work; the warranty term and conditions are stated on your invoice or provided at booking, and warranty claims are performed by Hi Power. Products installed as part of the Services are covered by their manufacturers' warranties, including Deako products under the Deako Limited Warranty; some products may require registration with the manufacturer to activate warranty or product features. To make a warranty claim, contact us using the information in Section 21 and we will route your claim.
10. Your responsibilities
You are responsible for the accuracy of the information, photos, and video you provide for quoting; for disclosing known conditions that affect the work (such as prior unpermitted work, aluminum wiring, or panel issues you are aware of); and for decisions about your property. If inaccurate information materially changes the job, Section 6 applies.
11. Communications
When you submit a form, call, or text the Program, we communicate with you about your request as described in the consent language presented at the point of submission and in our Privacy Policy. Calls with our sales and service team may be recorded for quality assurance, and you will hear a disclosure when recording applies. You can opt out of texts by replying STOP and out of marketing email using the unsubscribe link.
12. Reviews and content you submit
If you submit reviews, comments, photos, or testimonials to the Program, you grant Deako and Hi Power a worldwide, royalty-free, perpetual, sublicensable, transferable, non-exclusive license to use, reproduce, modify, adapt, publish, publicly display, and distribute that content in connection with the Program, and to publish your first name and general location with it. You represent that you have the rights necessary to grant this license. We may remove or decline to publish content in our sole discretion.
13. Permitted use of the Site
The Site and its content are owned by Deako and/or its licensors. You may use the Site only for lawful purposes connected to requesting and managing Services. You may not scrape, copy, republish, disassemble, or reverse engineer any portion of the Site; interfere with its operation; impersonate any person; or use the Site to transmit unlawful or infringing content. Unauthorized use may result in termination of your access and legal action.
14. Trademarks
Deako and its logos are trademarks of Deako, Inc. Hi Power Electric and its logos are trademarks of Hi Power Electric LLC, used in the Program with permission. No license to use any trademark is granted by these Terms.
15. Disclaimer of warranties
EXCEPT FOR THE EXPRESS WORKMANSHIP WARRANTY AND MANUFACTURER PRODUCT WARRANTIES DESCRIBED IN SECTION 9, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE PROGRAM, AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND DEAKO AND ITS SUPPLIERS, AFFILIATES, AND LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Deako does not warrant that the Site will be available on an uninterrupted, timely, secure, or error-free basis or that information obtained through the Site will be accurate, complete, or reliable.
16. Disclaimer of certain damages
To the maximum extent permitted by applicable law, in no event will Deako or any of its affiliates, suppliers, or licensors be liable for any consequential, special, incidental, indirect, or punitive damages; loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data; or business interruption, arising out of, based on, resulting from, or in any way related to these Terms, the Site, or the Services, even if advised of the possibility of such damages.
17. Limitation of liability and exclusive remedy
To the maximum extent permitted by applicable law and to the extent not excluded or disclaimed under Sections 15 or 16, the maximum, aggregate liability of Deako and its affiliates, suppliers, and licensors to you, and your exclusive remedy, for any and all claims arising out of or related to these Terms, the Site, or the Services will be to recover your actual damages up to the amount you paid for the Service giving rise to the claim. The limitations in this section do not apply to liability resulting from Deako's gross negligence or willful misconduct, or to death or bodily injury caused by Deako's own acts or omissions, and nothing in this section limits Hi Power's responsibility for the electrical work it performs. The existence of multiple claims will not enlarge this limit.
18. Indemnification
You agree to defend, indemnify, and hold Deako and its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors harmless from any third-party claim or demand, including reasonable attorneys' fees, relating to or arising from: (a) content you submit; (b) your violation of these Terms; or (c) your violation of any other party's rights or any applicable law.
19. Governing law; arbitration and class action waiver
A. Governing Law. These Terms are governed by the laws of the State of Washington without reference to its conflict of laws provisions, except that nothing in these Terms displaces consumer protections you are entitled to under the law of the state where the Services are performed.
B. Negotiation. You and Deako agree to first attempt in good faith to resolve any dispute by informal negotiation for 15 business days after notice of the dispute is given.
C. Pre-Arbitration Notice. Before either party initiates arbitration, that party must send a written notice of the dispute. Notices to Deako go to 4201 Roosevelt Way NE, Suite 100, Seattle, Washington 98105, and must identify your name, address, and email address, describe the nature and basis of your claim and the relief you seek, and be signed by you. Each side must negotiate in good faith for sixty days before initiating arbitration; any limitations period is tolled during that period.
D. Arbitration. ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF PROPERLY WITHIN THAT COURT'S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. Arbitration under this provision is governed by the Federal Arbitration Act and administered by the American Arbitration Association under its then-applicable rules, including its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules; if there is a conflict between this provision and the AAA rules, this provision governs. The arbitration will be conducted in English by a single independent and neutral arbitrator, and any in-person hearing will be conducted in the largest city in your state within 100 miles of where you live. If the arbitrator finds that the costs of an arbitration you initiate would be prohibitive compared to litigation, we will pay the arbitration costs necessary to prevent that; if the arbitrator determines your claim was frivolous or brought for an improper purpose, you will reimburse us for costs and fees we paid on your behalf. The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction.
E. Class Action Waiver. WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON.
F. Equitable Relief. Notwithstanding the foregoing, Deako may seek injunctive relief and other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights.
20. General
If any provision of these Terms is held to be illegal, invalid, or unenforceable, the remaining provisions remain in full force and effect. Deako may assign these Terms, in whole or in part, at any time with or without notice to you; you may not assign your rights under them. These Terms, together with the Privacy Policy and the order and cancellation terms presented at booking, constitute the entire agreement between you and Deako with respect to the Program. No one other than you, Deako, and Deako's successors and permitted assigns has any right to enforce these Terms.
21. Contact
Questions about the Services, your booking, or these Terms: [program phone] or [program email]. Legal notices to Deako: legalnotices@deako.com or 4201 Roosevelt Way NE, Suite 100, Seattle, WA 98105.