Clutsh Network
Terms of Service
Last Updated: 2/6/2025
1. ACCEPTANCE OF TERMS
These Clutsh Network Terms of Service ("Network Terms") govern your access to and use of the Clutsh Network, a service provided by Clutsh LLC ("Clutsh," "we," "us," or "our"). These Network Terms are in addition to, and incorporate by reference, Clutsh's general Terms of Service ("General Terms"), which govern your use of the clutsh.com website and other Clutsh services. By applying to join, participating in, or using the Clutsh Network, you ("you," "Vendor," or "Customer," as applicable) agree to be bound by these Network Terms and the General Terms. If you do not agree to these terms, do not use the Clutsh Network.
2. DEFINITIONS
Clutsh Network: The network of vetted auto service providers and customers facilitated by Clutsh.
Vendor: An auto service provider (mechanic, detailer, body shop, etc.) that has been accepted into the Clutsh Network.
Customer: An individual who uses the Clutsh Network to find and engage Vendors.
Service: Any auto-related service offered by a Vendor through the Clutsh Network.
Application: The process by which a Vendor applies to join the Clutsh Network.
Booking: (Future Functionality) The process by which a Customer schedules a Service with a Vendor through the Clutsh Network platform.
Facilitated Transaction: A transaction for a Service that originates through the Clutsh Network, even if the actual scheduling or communication occurs outside the Clutsh platform (e.g., via a referral link or code).
3. ELIGIBILITY FOR VENDORS
To be eligible to join the Clutsh Network as a Vendor, you must:
Be a legally operating business in good standing.
Provide accurate and complete information in your Application.
Possess all required licenses, certifications, and insurance for the Services you offer.
Agree to abide by the Clutsh Network Code of Conduct (see Section 5).
Meet Clutsh's vetting criteria, which may be updated from time to time.
Be located in the United States.
4. APPLICATION AND VETTING PROCESS
Application Submission: Vendors must complete the Clutsh Network application form, providing all required information and documentation.
Vetting: Clutsh will review each Application and may conduct background checks, verify credentials, contact references, and request additional information.
Acceptance/Rejection: Clutsh reserves the right to accept or reject any Application at its sole discretion. Submission of an Application does not guarantee acceptance into the Clutsh Network.
Notification: Clutsh will notify Vendors of its decision regarding their Application.
5. VENDOR RESPONSIBILITIES AND CODE OF CONDUCT
Vendors in the Clutsh Network agree to:
Maintain Accuracy: Keep all information provided to Clutsh (including service offerings, pricing, and availability) accurate and up-to-date.
Provide Quality Service: Perform all Services with professionalism, skill, and care, meeting or exceeding industry standards.
Transparent Pricing: Provide clear and upfront pricing information to Customers, and honor any estimates or quotes provided.
Honest Communication: Communicate honestly and openly with Customers and with Clutsh.
Timely Response: Respond to Customer inquiries and requests in a timely manner.
Respectful Conduct: Treat Customers and Clutsh staff with respect and courtesy.
No Circumvention: Do not attempt to circumvent the Clutsh Network by soliciting business directly from Customers referred by Clutsh, outside of the Facilitated Transaction framework.
Compliance with Laws: Comply with all applicable laws, regulations, and industry standards.
Insurance: Maintain adequate insurance coverage, as required by law and as specified by Clutsh.
Confidentiality: Protect the confidentiality of Customer information.
6. CUSTOMER RESPONSIBILITIES
Customers using the Clutsh Network agree to:
Accurate Information: Provide accurate and complete information when requesting Services.
Respectful Conduct: Treat Vendors with respect and courtesy.
Timely Payment: Pay for Services rendered in accordance with the agreed-upon terms.
Honest Feedback: Provide honest and constructive feedback about Vendors.
No Abuse: Do not misuse the Clutsh Network or engage in any fraudulent or abusive activity.
7. PAYMENT TERMS AND FEES
Customer Fees: Clutsh may charge Customers a per-service fee for Facilitated Transactions. This fee will be clearly disclosed to the Customer before they confirm the transaction.
Vendor Fees: Clutsh will collect a [Percentage]% fee from the Vendor on all completed Facilitated Transactions. This fee is for the services Clutsh provides (vetting, marketing, platform access).
Payment Processing: Clutsh may use a third-party payment processor to handle transactions. You agree to comply with the terms and conditions of the payment processor.
Disbursement to Vendors: Clutsh will disburse payments to Vendors for completed Services, less the Clutsh fee, according to a [Frequency - e.g., weekly, bi-weekly] schedule.
Taxes: Vendors are solely responsible for collecting and remitting any applicable taxes on Services.
8. DISPUTE RESOLUTION
Initial Attempt: Customers and Vendors are encouraged to attempt to resolve any disputes directly.
Clutsh Assistance: If direct resolution is unsuccessful, either party may contact Clutsh for assistance. Clutsh may, at its discretion, mediate the dispute or provide guidance.
Binding Arbitration: Any dispute arising out of or relating to these Network Terms or the Clutsh Network that cannot be resolved informally will be settled by binding arbitration in [City, State], in accordance with the rules of the American Arbitration Association.
9. TERMINATION
By Clutsh: Clutsh may terminate a Vendor's participation in the Clutsh Network at any time, with or without cause, upon written notice. Reasons for termination may include, but are not limited to, violation of these Network Terms, poor customer feedback, failure to maintain required credentials, or unethical conduct.
By Vendor: A Vendor may terminate their participation in the Clutsh Network by providing [Number] days' written notice to Clutsh.
Effect of Termination: Upon termination, the Vendor's profile will be removed from the Clutsh Network, and they will no longer be eligible to receive referrals through the platform. Outstanding payments will be processed according to the terms outlined in Section 7.
10. LIABILITY LIMITATIONS
Disclaimer of Warranties: Clutsh provides the Clutsh Network "as is" and makes no warranties, express or implied, regarding the Services provided by Vendors. Clutsh is not responsible for the actions or omissions of Vendors or Customers.
Limitation of Liability: To the fullest extent permitted by law, Clutsh's liability for any claim arising out of or relating to these Network Terms or the Clutsh Network shall be limited to the amount of fees Clutsh has received from the specific transaction giving rise to the claim. Clutsh shall not be liable for any indirect, incidental, consequential, special, or punitive damages.
11. INTELLECTUAL PROPERTY
Clutsh IP: Clutsh retains all rights to its trademarks, logos, website content, and other intellectual property.
Vendor IP: Vendors retain all rights to their own trademarks, logos, and other intellectual property. By participating in the Clutsh Network, Vendors grant Clutsh a limited license to use their name, logo, and service descriptions for the purpose of promoting the Network.
12. CONFIDENTIALITY
Vendors and Customers agree to maintain the confidentiality of any confidential information they receive through the Clutsh Network, including but not limited to customer data, pricing information, and Clutsh's business practices.
13. GOVERNING LAW
These Network Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.
14. CONTACT INFORMATION
If you have any questions about these Network Terms, please contact us at:
sam@clutsh.com
15. RELATIONSHIP TO GENERAL TERMS
These terms are a part of Clutsh's general terms, in the case that language between the two documents conflicts, the terms most specific to the situation will apply.