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PROFER, INC. - PRO BID SUBMISSION AGREEMENT

Effective Date: January 1, 2026
United States Only

This Pro Bid Submission Agreement (“Agreement”) is entered into by and between Profer, Inc., a Delaware corporation headquartered in Kansas, (“Profer,” “we,” “us”), and the undersigned home service professional or business entity (“Pro,” “you”).

This Agreement supplements and incorporates by reference the Profer Terms of Use, Marketplace Terms & Privacy Policy (the “Master Terms”). In the event of any conflict, this Agreement controls with respect to bid submissions, pricing representations, and commission obligations.

 

 

1. Acceptance by Bid Submission

By submitting, returning, uploading, or otherwise delivering a bid through a Profer JobFile, platform, email link, or electronic workflow, you expressly acknowledge and agree that:

  • You have read and understood this Agreement

  • You accept and agree to be legally bound by its terms

  • Your bid constitutes your affirmative acceptance of this Agreement

  • No handwritten or electronic signature is required

If you do not agree, do not submit a bid.

 

 

2. Authority to Submit Bid

By submitting a bid, you represent and warrant that:

  • You are the owner, officer, or authorized agent of the Pro business submitting the bid

  • You have full legal authority to bind the Pro to pricing, scope, and contractual commitments

  • The Pro is properly licensed (where required), insured, and legally permitted to perform the work

Any bid submitted without proper authority constitutes a material breach.

 

 

3. Binding Quote & Scope Accuracy

You expressly represent and warrant that:

  • The bid amount is a firm, good-faith quote

  • The bid matches the exact standardized scope provided in the JobFile

  • The bid includes all labor, materials, equipment, overhead, and profit required to complete the scope

Your bid may be relied upon by:

  • The Property Owner

  • Profer

  • Third-party lenders or insurers (if applicable)

 

 

4. No Hidden Fees / No Post-Selection Price Increases

You agree that:

  • No undisclosed charges, fees, or add-ons exist outside the submitted bid

  • You will not increase pricing after selection due to:

    • Site conditions reasonably inferable from the scope

    • Material price changes

    • Labor availability or scheduling issues

    • Your internal estimating errors

 

 

5. No Contact Prior to Selection

You agree that:

  • You will not contact the Property Owner prior to bid selection

  • You will not visit the property prior to selection unless expressly authorized by Profer

  • Any attempt to bypass Profer constitutes fee circumvention and a material breach

 

 

6. Review & Acceptance of Scope Risk

You acknowledge that:

  • You reviewed the standardized scope in full

  • You had sufficient information to submit an accurate bid

  • You assume the risk of scope misunderstanding

Failure to perform due to scope misinterpretation does not excuse performance.

 

 

7. Commitment Upon Selection

If your bid is selected:

  • You agree to proceed with the project under the submitted bid terms

  • You agree to enter into a direct contract with the Property Owner

  • You agree to comply with all applicable laws, codes, permits, and safety requirements

Failure to proceed after selection constitutes a default.

 

 

8. Profer Commission Agreement

You acknowledge and agree that upon bid acceptance, you owe Profer the following commission based on the total project contract amount:

Project Amount

Commission

Up to $50,000

9%

$50,001 – $149,000

7%

$150,000 and above

5%


  • Commission must be paid before project details are released

  • Failure to pay commission voids your right to proceed with the project

 

 

9. Independent Contractor Status

You acknowledge that:

  • You are an independent contractor

  • Profer does not supervise, control, or direct your work

  • Profer provides no insurance, bonding, or warranties

You are solely responsible for:

  • Workmanship

  • Code compliance

  • Permits

  • Insurance

  • Bonding

  • Safety

 

 

10. Indemnification

You agree to indemnify and hold harmless Profer from any claims arising out of:

  • Your bid submission

  • Pricing or scope disputes

  • Misrepresentations

  • Your performance or non-performance

 

 

11. Limitation of Liability

To the maximum extent permitted by law:

  • Profer’s total liability shall not exceed $100

  • Profer is not liable for indirect, incidental, or consequential damages

 

 

12. Arbitration & Governing Law

All disputes shall be resolved by binding arbitration administered by the American Arbitration Association.

  • Governing law: Kansas

  • Venue: Sedgwick County, Kansas

  • No class actions permitted

 

 

13. Electronic Transactions

You consent to electronic transactions and acknowledgments.
Submission of a bid constitutes a legally binding electronic acceptance under the E-SIGN Act.

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