Powerstone Property Management, Inc. (“Powerstone”)

Terms and Conditions for Certified Service Providers

The Service Provider is seeking to become a Powerstone Certified Service Provider for the purpose of providing goods and services to Powerstone’s Association clients.

1.Certified Service Provider Classifications:

 A. BasicCertified Service Provider: $99 -Allows the Certified Service Provider to work on current HOA’s, and notify current managers that you are in compliance or noncompliant. Basic Certified Service Providers meet the minimum requirements and also provide to Powerstone and its Association client/s additional insured endorsements with the certificate of insurance that state “Powerstone Property Management, Inc. and [specifically named association client/s] of Powerstone’s group of managed Associations. “Also provide a waiver of subrogation endorsement on the workers compensation policy to Powerstone Property Management, Inc.

B. Powerstone Advantage Service Provider: $299- Powerstone Advantage Service Providers meet the minimum requirements of the Certified Service Provider above. A Powerstone Advantage Service Provider also will be place on a directory of Certified Service Providers on the management company directory to all managers and board members. This will allow managers and board members to go to the directory of compliant Service Providers for all new bids to other associations. Some of the other benefits and features include:

1.SEO

2.Mobile website

3.Information website to managers search by Service Provider name or Service Provider type of services.

4.Custom traffic catcher site TCS.

5- $1500 value.

C. Professional Service Providers: Certified Professional Service Providers, e.g., attorneys, accountants, insurance  brokers, architects and other professional consultants (collectively “Professionals”) meet the minimum requirements and do not provide additional insured endorsements.

2. Certifications by Service Provider. Service Provider must certify that all information submitted to Powerstone, Powerstone’s clients and However, (an independent business credentialing company) is current, true and correct and the Service Provider understands and agrees that Powerstone and its client/s are relying on all such information.

3. Service Provider Information. The Service Provider understands that Powerstone, its client/s or credentialing company may contact references, confirm information, and investigate any information relating to the Service Provider at Powerstone’s (and Powerstone’s agents) sole discretion and that the results of such references, confirmations and investigations may be shared freely and without restriction with Powerstone, ASN and Powerstone’s association clients.

4. Term of Certified Status. Service Provider understands that should Powerstone accept the Service Provider as a Certified Service Provider such approval will remain in full force, effective for one year from its enrollment date, provided that Service Provider complies with these Terms and Conditions throughout the certification period. One year after the enrollment date the Certified Service Provider is required to re-certify with the program.

5. Warranties and Representations. Service Provider hereby represents and warrants to Powerstone and its clients that:

A. It will continuously keep the information in the application up to date, in the event of any change.

B. The persons named in the application and those executing required certifications and agreements, and those providing warranties and representations for Certified Service Provider status have the actual authority of Service Provider to do so and to legally bind the Service Provider.

C. Certified Service Provider shall at all times comply with all applicable laws, ordinances, regulations and all lawful orders and guidelines of any duly constituted authority;

D. All services performed or goods supplied shall be provided or supplied in accordance with the terms of a valid work order issued by Powerstone or its association clients or otherwise in accordance with a written agreement covering the scope of work to be provided;

E. Service Provider and Service Provider’s employees and principals carry and maintain in good standing all appropriate licenses for any and all work undertaken.

F. No work Service Provider is engaged to perform is excluded from Service Provider’s policies of insurance.

G. Service Provider understands and agrees that Powerstone has no responsibility for any payment under a Service Provider agreement to furnish goods or services to an association and Service Provider agrees to provide all invoices in the legal name of the Association for which the work or materials are being performed or supplied.

H. Service Provider shall ensure that any subcontractors are duly licensed and insured.

6. Insurance Requirements. Throughout the term that the Service Provider is a Certified Service Provider, it will maintain in full force and effect policies of insurance including at a minimum the following

A. Worker’s Compensation and employers’ liability coverage:

1. Statutory limits of insurance covering employees. Said policy shall include a waiver of subrogation in favor of Powerstone Property Management, Inc. and its client/s

2. Employer’s liability limits  $1,000,000 )

a. $1,000,000 for bodily injury caused by accident, each accident.

b. $1,000,000 for bodily injury caused by disease, each employee.

c. $1,000,000 bodily injury caused by disease, policy limit.

B. Commercial General Liability coverage extended to include:

1. Limits of insurance:

a. $1,000,000 each occurrence for bodily injury, property damage, personal & advertising injury

b. $2,000,000 products/completed operations aggregate

2. Contractual liability coverage.

3. Powerstone and its clients shall be included on an endorsement as “additional insured” and coverage for “additional insured” shall apply as primary and non-contributing insurance before any other insurance or self insurance, including any deductible, maintained by or provided to the additional insured. Said policy shall include a waiver of subrogation in favor of Powerstone and its client/s.

C. Commercial Automobile Liability insurance:

1. Automobile Bodily Injury and Property Damage, covering all vehicles, whether owned, leased, borrowed or rented by the Service Provider, or by employees of the Service Provider.

2. 2. Limits of Insurance:

a. $300,000 Combined Single Limit

b. $300,000 Non Owned/Hired Auto

D. Insurance Requirements for Professionals. The aforementioned insurance requirements A. through C. do not apply to Professionals. Professionals must maintain Errors and Omissions or Professional Liability coverage with limits of not less than $1,000,000 per occurrence, and $1,000,000 aggregate.

E. Carrier Rating. The insurance carriers providing coverage as outlined above must be financially sound, be rated A- VII or better in the most current Best’s Insurance Reports or Best’s Key Rating Guide, and must be authorized to do business in the state of California.

F. Required Insurance Certificate and Endorsements. An original Certificate of Insurance and necessary endorsements must be provided evidencing coverage in accordance with the terms set forth herein. Original renewal Certificates of Insurance shall be provided one to two weeks prior to the expiration of any coverage required. Certificates shall specifically state the risks covered and amounts thereof – as well as the fact that such insurance may not be cancelled or amended to provide coverage which would be inconsistent with these Terms and Conditions without prior written notice to the additional insured. All coverage shall apply to all locations where the Registered Service Provider performs services for

Powerstone’s clients.

G. Other Insurance. Such other insurance coverage in such amount as is customary for the industry in which the Certified Service Provider operates.

7. Limitations. Acceptance by Powerstone of the Service Provider as a Certified Service Provider does not in any way constitute an offer to provide services or supply goods. Powerstone makes no representation or warranty that it will endorse the services or products of the Certified Service Provider, nor is it or its clients obligated to purchase any such goods or services from the Certified Service Provider.

8. Indemnification. The Certified Service Provider shall indemnify, defend and hold Powerstone free and harmless from or against any claims asserted by any of its Association clients against Powerstone on account of any claim or liability resulting from or arising out of the Certified Service Provider’s negligent or intentional misrepresentation/s concerning the certifications and information supplied to Powerstone hereunder, including reasonable attorneys’ fees and costs incurred by Powerstone in the defense of any such claims.