Vendor Terms & Conditions
Acceptance
By registering as a vendor and clicking “I Accept,” the vendor (“Vendor”) agrees to be bound by these Terms & Conditions (“Terms”). These Terms apply to all vendors providing goods, labor, or services to Zamzam PM, its affiliates, and any properties under its management. These Terms are binding regardless of the type or scale of services performed, and apply equally to contractors, subcontractors, handymen, tradespeople, service companies, and independent providers.
Independent Service Provider Relationship
Vendors acknowledge that they are operating as independent service providers and not as employees, partners, joint venturers, or agents of Zamzam PM. Vendors have no authority to make commitments on behalf of Zamzam PM, to sign agreements in the name of Zamzam PM, or to represent themselves as being employed by Zamzam PM. Vendors retain control over the manner and method of providing services, provided that all services are performed safely, legally, and in compliance with these Terms.
Licensing, Certifications, and Compliance
Vendors shall maintain any and all licenses, registrations, certifications, or permits required to lawfully perform their services in Michigan and any relevant municipality. This includes, but is not limited to, builder’s licenses, trade licenses, environmental permits, or municipal approvals when applicable. Vendors are solely responsible for obtaining and paying for any required permits and inspections unless expressly directed otherwise in writing by Zamzam PM. Vendors shall comply with all applicable laws, regulations, ordinances, and codes, including federal, state, county, and local requirements. Vendors must adhere to OSHA and MIOSHA workplace safety regulations, EPA lead-safe requirements, asbestos regulations, fair housing laws, and all other safety or environmental rules that may apply. Vendors shall promptly notify Zamzam PM of any suspension, expiration, or restriction of licenses or certifications.
Insurance Requirements
Vendors must maintain insurance coverage appropriate to the services they provide and consistent with accepted industry standards. Zamzam PM reserves the right, at its sole discretion, to request proof of such coverage, to require minimum policy limits, and to require specific endorsements before assigning work or at any time during the Vendor’s participation in Zamzam PM’s network. Failure to provide or maintain requested insurance coverage may result in suspension, denial of assignments, or removal from Zamzam PM’s vendor network.
Indemnification and Defense
To the fullest extent permitted by law, Vendors shall defend, indemnify, and hold harmless Zamzam PM, its affiliates, managers, members, employees, representatives, clients, and tenants from and against any and all claims, demands, lawsuits, losses, liabilities, damages, costs, and expenses (including attorney fees) arising out of or related to Vendor’s services, acts, omissions, subcontractors, employees, suppliers, equipment, or failure to comply with these Terms or applicable law. This obligation applies regardless of whether the claim is alleged to have been caused in part by Zamzam PM, except where prohibited by law for claims caused solely by Zamzam PM’s negligence or willful misconduct. Vendor’s indemnification and defense obligations survive termination of Vendor’s participation and completion of services.
Standards of Service and Warranty
All services must be performed in a safe, professional, and workmanlike manner consistent with industry standards, manufacturer requirements, and applicable codes. Vendors are responsible for providing services of quality equal to or better than the customary standards for their trade or industry. Vendors shall promptly correct, at their own expense, any deficiencies, defects, or nonconforming services. A minimum one-year warranty applies to labor unless a longer period is required by law or manufacturer specifications. In the event of hazardous or unsafe conditions, Vendor must take immediate corrective measures to protect persons and property and notify Zamzam PM without delay.
Conduct, Confidentiality, and Non-Solicitation
Vendors shall maintain professional conduct at all times while performing services for Zamzam PM. Vendors must respect tenants and owners, maintain clean and safe workspaces, and comply with all property rules. Vendors and their personnel may not solicit, accept, or perform work directly for any Zamzam PM clients, property owners, or tenants for a period of twelve (12) months following the last service provided under Zamzam PM without prior written approval. Vendors agree to keep confidential all Zamzam PM information, including client and tenant data, and to use such information only for purposes of providing authorized services. Photographs taken for documentation must not contain personally identifiable tenant information unless expressly required. Zamzam PM may use submitted photographs for internal records, compliance, insurance, and marketing purposes.
Subcontractors, Employees, and Assistants
Vendors may not delegate or subcontract services without the prior written consent of Zamzam PM. If approved, Vendors remain fully responsible for the actions, omissions, insurance, compliance, and performance of subcontractors, employees, or assistants as though they were the Vendor’s own.
Scope of Services and Changes
Vendors shall perform only the services expressly authorized by Zamzam PM in writing. Any change in scope, additional services, or extra work requires written approval from Zamzam PM prior to commencement. Unauthorized services may not be compensated and may constitute grounds for termination.
Invoicing, Payment, and Trust Fund Obligations
Vendors must submit invoices within seven (7) business days of completing services, including all requested documentation such as permits, receipts, lien waivers, or photographs. Payment will be made within thirty (30) days of Zamzam PM’s approval of a proper invoice. Payment timelines run from the date of approval, not submission. Zamzam PM reserves the right to withhold payment for incomplete, defective, disputed, or unauthorized services. Vendors waive the right to seek payment directly from Zamzam PM’s clients, property owners, or tenants. Vendors performing work covered by the Michigan Builders Trust Fund Act (MCL 570.151 et seq.) acknowledge and agree to comply fully with its requirements, and understand that misapplication of funds is a violation of Michigan law.
Tax and Reporting Obligations
Vendors must provide Zamzam PM with a completed IRS Form W-9 before receiving payment. Zamzam PM will issue IRS Form 1099-NEC as required by law. Vendors are solely responsible for all federal, state, and local tax obligations arising from compensation received.
Safety, Health, and Emergencies
Vendors must maintain safe work practices at all times and comply with OSHA and MIOSHA regulations, personal protective equipment requirements, and hazard communication standards. Vendors must immediately report to Zamzam PM any workplace injury, accident, unsafe condition, property damage, or environmental release. Vendors are responsible for maintaining and providing Safety Data Sheets (SDS) for all chemicals or products used in services.
Termination and Suspension
Zamzam PM may suspend or terminate a Vendor’s participation at any time, with or without cause, including for non-compliance with these Terms, unsafe work practices, expired insurance or licensing, unprofessional conduct, fraud, poor performance, or breach of applicable law. Termination does not relieve Vendor of obligations for warranties, indemnification, confidentiality, or trust fund compliance.
Governing Law and Dispute Resolution
These Terms are governed by and construed under the laws of the State of Michigan. Any disputes arising under or relating to these Terms shall be resolved exclusively in the state or federal courts located in Oakland County, Michigan. Vendors consent to the jurisdiction of these courts and waive any objections to venue. Vendors waive the right to a jury trial. At Zamzam PM’s election, disputes may instead be resolved through binding arbitration under the Commercial Rules of the American Arbitration Association in Oakland County, Michigan, with costs and fees recoverable by the prevailing party.
Limitation of Liability
Zamzam PM shall not be liable to any Vendor for consequential, incidental, indirect, punitive, or special damages, including but not limited to lost profits, lost opportunities, or business interruption. Zamzam PM’s total liability to a Vendor for any claim shall not exceed the amount actually paid by Zamzam PM to the Vendor for the specific services giving rise to the claim.
Entire Terms
These Terms represent the full and complete understanding between Zamzam PM and Vendor regarding vendor participation. Zamzam PM may update or modify these Terms at any time by posting a revised version on its website, and continued participation constitutes acceptance of the revised Terms.
Acknowledgment
By clicking “I Accept,” the Vendor confirms that it has read, understood, and agreed to these Terms, and that the individual accepting has the authority to bind the Vendor’s business.
