Terms and Conditions

Legal and Privacy
This page contains the Terms and Conditions and the Privacy Notice for Direct Claims Management Group and its subsidiaries (“DCMG”).

Terms and Conditions
This section sets forth the terms and conditions under which DCMG provides the information on this website (“Site”) as well as the terms and conditions governing your use of this Site and the information you provide to us. By using this Site, you have agreed to these terms and conditions as stated below (“Agreement”), as well as all applicable laws that may govern internet usage.
We reserve the right to modify these terms and conditions at any time. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this Site. Your further use of these pages constitutes consent to and acceptance of the following terms and conditions:

Price List
The Contractor acknowledges that costs of construction activities can fluctuate depending on current market conditions for labor and material. It is the responsibility of the Contractor to review the applicable Price List within the clients estimating guidelines/software before quoting the Adjustment Factors.

Proposal is an Offer
By submitting a Proposal/Estimate to the Insurer for the purpose of receiving an Assignment, the Contractor is agreeing to accomplish the work outlined in the Loss Notice. It is the Contractor’s responsibility to include the necessary scope items in the Proposal prior to providing the Proposal to the Insurer.

Information to Policyholder
Unless specifically permitted by a Loss Notice, Assignment, or applicable state law, the contractor may not provide a copy of its Proposal, or any other pricing or estimating information, to the Policyholder.
Each Assignment issued shall state the agreed upon requirements/Guidelines and fixed price of performance, the duration for the work, the item number, description, quantity, Price List, and applicable adjustment factors. All requirements of the Contract Documents through the network program shall be applicable to any Assignments issued under this Section. Commencement of activities and tasks required in the Assignment shall be deemed, and are expressly agreed to be, acceptance of the Assignment. If the work required pursuant to an Assignment is not completed at the end of the Network Program term, the Contractor shall be bound by the requirements set forth in the Contract Documents until such time as the work is completed and the Policyholder has executed a Certificate of Satisfaction/Completion.

Policyholder’s Authorization
The Policyholder’s written approval is a condition precedent to the Contractor’s right to commence the work contained in the Assignment, and its right to receive payment. The Contractor agrees to be bound by their agreements with the Network Administrator regarding Contracts between the Policyholder and the Contractor. The contract between the Policyholder and the Contractor may not include a limited power of attorney, direction to pay, or other language affecting the assignment of the Policyholder’s rights.

Rejection of Proposals
The Network Administrator and the Insurer reserve the right to reject a Contractor Proposal/Estimate for any reason, including if the Contractor fails to justify proposed quantities, the Proposal is not in accordance with the Insurer’s estimates, the performance period is unacceptable, the documentation submitted is inadequate, or there are other inconsistencies on the Contractor’s part. The Network Administrator and the Insurer also reserve the right to reject an Assignment if they choose, for any reason, not to utilize the services of the Contractor or DCMG, or if the Policyholder’s needs are met by other means.

Notices to Policyholder and Right to Cancel
Prior to commencing work, and at such times as may be required, the Contractor shall properly and timely serve upon the Policyholder all notifications required to be served or provided under federal, state, local, and municipal statutes, laws, ordinances and regulations, including without limitation, notice to the Policyholder of the Policyholder’s right to cancel or rescind the Authorization. Should the Contractor fail to provide any required notification or information to the Policyholder, the Contractor shall be liable for, and shall indemnify, defend, and hold harmless the Network Administrator and the Insurer against, any damages, claims, and costs resulting from that failure. If the Policyholder should fail or refuse to waive the right to cancel or rescind, the Contractor may not commence its work until said right has expired, and shall bear the risk of any costs or damages it may incur as a result of the cancellation or rescission of the Authorization by the Policyholder.

Use of Contractor’s Forms
All documents used by the Contractor in conjunction with the Network Program, including but not limited to contracts, Assignments, and notices, shall comply with applicable federal, state, and local laws. The Contractor expressly agrees to be bound by their agreements with the Network Administrator regarding contracts between the Contractor and the Policyholder. No contract between a Contractor and Policyholder may include a limited power of attorney, direction to pay, or other language affecting the assignment of the Policyholder’s rights. DCMG Work Authorization should be the primary contract between the Policyholder and the Contractor. Documents other than those required and referenced by the Network Program and these Terms and Conditions, or as may hereafter be required by the Network Administrator or an Insurer, shall have no legal or binding effect against the Network Administrator, any Insurer, or any Policyholder.

Payments to Contractor
The Contractor agrees and understands that the role and obligation of the Network Administrator with regard to payments is only to expedite same in accordance with the procedures and requirements contained in the Guidelines or network terms, and therefore, that the Contractor is stopped from making any demand or claim against the Network Administrator for any payment hereunder. Unless otherwise agreed, the Contractor will be entitled to only one lump sum payment after Final Completion has been achieved. Payments to the Contractor will be made pursuant to the Insurer’s standard business practices. Payments to the Contractor will be made pursuant to the Insurer’s internal payment process, unless otherwise authorized by the Insurer, all payments shall be by check made payable to the Network Administrator and sent to the Network Administrator. The Contractor acknowledges and agrees that the when the signed Certificate of Satisfaction is received payment will be issued by the Network Administrator to the Contractor for their services.

Requests for Payment
Upon Final Completion, and as a condition precedent to receiving payment from the Network Administrator, the Contractor shall submit to the Insurer, by electronic transmission through the DCMG system, its final photographs (if required), and its certification that. The amount requested is only for performance in accordance with the provisions of the Network Program. Payments to subcontractors and suppliers will be made by the Contractor promptly upon receipt of payment from the Network Administrator, but in no event later than forty-five (45) days thereafter

Default, Termination, and Suspension
Each of the following additional actions or omissions by the Contractor (including its employees and its Subcontractor employees) shall be deemed an Event of Default under the Network Program. Failure or neglect to execute the work properly and diligently, or in substantial accord and compliance with the project duration agreed upon and filed with the Insurer. Failure or refusal to perform any requirement or provision of the Network Program specified to be performed by the Contractor. Failure or refusal to timely remove and discharge any liens filed by Contractor’s subcontractors and/or suppliers. Failure or neglect to develop Proposals properly and diligently in substantial accord and compliance with the Loss Notice(s) and estimating standards issued by the Insurer, failure to use specified estimating software, or failure to provide Proposals based upon the applicable Price List (or Non Pre-Priced Items for work items not contained in the applicable Price List). Failure or refusal to reach agreement with the Insurer and the Network Administrator on the means, methods, and quantities necessary to accomplish specific work. Any conduct that either constitutes or creates the appearance of unlawful. Activity, or any wrongful act or omission that causes harm to the Insurer or the Network Administrator or otherwise violates the rights of the Insurer or the Network Administrator, including without limitation, misrepresentation of the nature or quantity of work required to correct the covered loss, or waiver without the knowledge or approval of the Insurer and the Network Administrator of all or part of the Contractor’s lump sum Assignment price as stated in the Contractor’s Proposal. Dishonesty, theft, and/or misappropriation of any property. False certifications or documentation. Modification or manipulation of Price Lists Willfully, recklessly, or negligently causing damage to the property of the Policyholder. Possession of illegal weapons while at a job site. Being under the influence of, or unauthorized possession and/or use of intoxicants, narcotics, dangerous drugs, or controlled substances while at a job site. Any conduct which adversely impairs or affects the reputation, goodwill, or is not in the best interest of the Network Administrator or Insurer.

Poor workmanship
Failure to promptly contact the Policyholder and/or to visit the Project in accordance with the procedures set forth herein. Failure to respond quickly to complaints and repair defects under the guarantee. Any breach of the Network Program. Profane, abusive, or threatening language, conduct, or behavior towards the Policyholder, Insurer, or the Network Administrator. Failure to properly maintain and present for audit all lien waivers, certificates, and other documents required by the Contract Documents; and/or. Any other act or omission constituting just cause in the sole discretion of the Network Administrator. If an Event of Default occurs, the Administrator may notify the Contractor in writing. Immediately terminate the Network Program. Rescind all or some portion of the then pending Loss Notices and Assignments Contract. Make good any default not cured by the Contractor and obtain reimbursement of all costs from the Contractor. Take over any pending projects or such portion thereof as may be in default or arrears two (2) days after written notice to the Contractor of the default, and correct the default and make good the deficiency, obtaining reimbursement of all costs from the Contractor; and/or Immediately suspend the Contractor either from the DCMG system entirely, or from all work covered by any given Insurer or Insurers, until such time in the sole judgment of the Insurer and/or the Network Administrator that the Contractor is deemed to have corrected its default and provided adequate assurances that it will not engage in further infractions. Should the Network Administrator choose to exercise any of its foregoing rights, the Contractor shall be liable for the costs of completing the Project or Projects, correcting defects or deficiencies in the work, and removing liens, plus reasonable costs and attorneys’ fees incurred. The foregoing costs may be offset and deducted from the Assignment(s) price and withheld by the Network Administrator from any amount then due or that may become due the Contractor from the Policyholder or the Insurer. Should the Network Administrator terminate any individual Assignment and/or the Network Program, it may take possession of all materials, tools, machinery, equipment, and appliances on work sites and/or complete Project(s) by other such means as the Network Administrator may deem necessary and expedient, time being of the essence. The Network Administrator will prepare an accounting that reflects the costs incurred in completing the work and fulfilling all of the Contractor’s legal and contractual obligations, duties, and debts in connection with the Network Program, as well as any funds remaining after those costs are deducted from the amount otherwise due and payable to the Contractor based on pending Assignment(s). The Contractor hereby accepts such accounting by the Network Administrator as the sole and exclusive basis for determining whether the Contractor is entitled to any payment under the Network Program or otherwise, as well as determining the amount thereof. The Contractor shall be and remain liable to the Network Administrator for any deficit between the cost of completion of the work and fulfilling all of the Contractor’s legal and contractual obligations, duties, and debts in connection with the Network Program, by any of the methods provided in paragraph B, above, and the Assignment(s) price. The exercise of any right or option herein reserved by or granted to the Network Administrator shall not prejudice or bar any other rights or remedies the Network Administrator may have under the full terms of the Network Program, or by law.

Failure to Prosecute and Complete Work
Timely completion of Assignments issued under the Network Program is of the essence. Should the Contractor fail to substantially complete the work within the time specified in the Assignment or to diligently prosecute the work, or provide adequate manpower, materials, equipment, or supervision, or make timely payment to its subcontractors and suppliers, and provided the Contractor has not previously obtained an extension of time from the Insurer, the Insurer may withhold those sums which provide for the actual and consequential damages suffered by the Insurer from any balances due the Contractor on Assignments. The withholding of the above mentioned monies shall in no way limit other remedies available to contracting parties.

Restrictions on Use of Material
The contents (“Contents”) of this Site are protected by copyright under U. S. law and foreign laws. Unauthorized use of the Contents may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the Contents on any copy you make of any portion of the Contents. You may not sell or modify any portion of the Contents or reproduce, display, distribute or otherwise use the Contents for any public or commercial purpose. You may cite or refer to information on this Site and make copies of the information for your own personal use but that is all. You must have our written permission to distribute copies of the information to others. To request such permission, send a message via e-mail to: claims@directclaimsmg.com or contact us by mail at: PO Box 1213 Brandon, FL 33509

Accuracy of Information on the Site
Although DCMG seeks to provide accurate and updated information on this Site, we cannot assure that such is the case. We make no representations about the accuracy, reliability, completeness, or timeliness of the Contents of the Site and provide no warranties, express or implied, for the content or accuracy of information of the site. It is your responsibility to evaluate the accuracy, completeness or usefulness of the Contents contained herein. Should you have any questions about the Contents of the Site, send a message via e-mail to the email address in the preceding paragraph.

No Professional Advice
The information provided on the Site is distributed with the understanding that DCMG is not rendering professional advice of any sort. The Contents of this Site cannot replace or substitute for the services of trained professionals in any field. If you have a question or issue requiring profession consultation relating to law, insurance, tax or financial planning or any other area you should consult a professional in the respective area. Any reliance on the information contained herein is solely at your risk.

Functioning of the Site
No representation or warranty is given that any functions contained in the Site will be uninterrupted, error-free, virus-free, free from harmful components, or that any defects will be corrected.

This Site may contain links to websites owned, operated or maintained by parties other than DCMG. Such links are provided for your reference only. DCMG does not control outside websites and is not responsible for their content. DCMG’s inclusion of links to an outside website does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor. If you have any questions about these other websites they should be directed to the authors of such sites.
If you would like to provide a hypertext link from your website to our Site you must request our permission before doing so. To request such permission please send an e-mail note or letter to the address stated in the section entitled “Restrictions on Use of Material”. Please include in your note your name address and telephone number, a description of your website and the reasons why you would like to establish a link to this Site. We will review your website before granting any permission to you. Should we grant permission to you, we reserve the right to withdraw our authorization to link to our Site at any time.
You agree to defend, indemnify and hold harmless DCMG its representatives, officers, directors, and employees, agents and assigns from any and all liabilities, claims, costs, and expenses, including attorneys’ fees, that arise from your use of the Site, your posting, downloading or transmission of communications or material on this Site, or from your violation of any applicable law.

Limitation of Liability

Pages with Restricted Access
Some of the pages within this website are restricted to authorized users only. Unauthorized use or access to these pages is strictly prohibited and may subject you to administrative actions and/or criminal prosecution and revocation of access. DCMG may monitor and record your usage of these pages. Evidence of your use collected during monitoring or recording may be used for administrative and/or criminal actions. Your further use of these pages constitutes consent to monitoring and recording.

Software Licenses
You acknowledge that any software available or provided to you on this website may contain technology that is subject to strict controls by various agencies of the United States Government. You hereby agree that you will not transfer or export such software from the United States except in accordance with United States export laws and regulations. DCMG does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by all applicable laws and regulations.

You acknowledge and agree that DCMG may terminate or deny access to all or part of the services, products or materials available on this website without prior notice if you engage in any conduct or activities that DCMG, in its sole discretion, believes violates any of these terms and conditions or any other rule, regulation or applicable law. Neither DCMG nor any of its officers, agents or employees shall be liable to you in the event of such termination.

This Agreement constitutes the entire agreement between you and DCMG pertaining to this Site and it supersedes any and all other agreements, whether oral or in writing. The failure of DCMG to insist upon strict compliance with any of the terms of the Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you and it may not be assigned by you, although DCMG may assign it to any successor in interest. If any provision of this agreement is invalid or unenforceable under law the remaining provisions shall continue in full force and effect and the invalid or unenforceable provision shall be construed as closely as possible to its original intent. This agreement shall be governed by the laws of the United States and the State of Florida as if the agreement was a contract wholly entered into and to be performed within Florida. You agree that any breach of this Agreement by you may result in irreparable harm to DCMG entitling DCMG to equitable relief. Any inquiries or concerns regarding the terms and conditions of this Agreement should be directed by email or letter to the address in Section 1.

Privacy Notice
DCMG respects and values the privacy of personally identifiable information (“PII”). Accordingly, DCMG has adopted a Privacy Policy governing privacy practices in our business operations and for our websites (“Sites”). Our business operations and Sites are not directed at anyone under the age of 18. The purpose of this Privacy Notice is to disclose DCMG’s privacy practices.
If you have questions or concerns regarding the contents of this notice, please contact us at:

Direct Claims Management Group
P.O. Box 1213
Brandon, FL 33509
Email: claims@directclaimsmg.com

Information Collection
I. Personally Identifiable Information
We collect PII as required to operate our business, including, but not limited to, the following:

  • Information we receive related to claim handling, such as the claimant’s occupation, employer, social security and driver’s license numbers, protected health information (“PHI”, as further defined below), non-public personal financial information (“NPFI” as further defined below), and Trade Secrets (as defined below);
  • Information related to your transactions with us, our affiliates, or previous insurers or employers, such as your policy coverage, claim information, premiums, and payment and claim history;
  • Information necessary to process your employment application with us;
  • Information to better understand your needs as they relate to DCMG’s products and services; and
  • Other PII as required by our business operations or Sites.
    “PII” is defined as individually identifiable information that is held or transmitted by our company in performance of our contractual obligations with clients. This type of information includes information in electronic, paper, and oral form.
    “NPFI” is defined as information of a financial nature that is shared by a current, prospective, or prior client with us in the course of providing products and services to that client. This type of information is not otherwise available to the public and includes, but is not limited to, the following: credit history, financial benefits, national identifiers, account numbers, business records, accounting information involving the client, contracts in which the client is a party, claims which the client is a party to, client’s policy information, and any other data of the client that is financial in nature.
    “Trade Secrets” are defined to include any proprietary information of any current, prospective, or prior client that is obtained through the course of our business activities with that client or through the provision of products and services provided by us to the client. This type of information is not otherwise available to the public and includes, but is not limited to, the following: business records, contracts, claims, products, business methods, data processing procedures, marketing strategies, pending projects or proposals, mailing lists, and any other information related to a client’s activities, products, or services, which may or may not be protected or protect-able under applicable patent laws.

II. Cookies and Click Streams
“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive for record-keeping purposes. Cookies and other user tracking devices (e.g., local shared objects) are used to determine whether a visitor is unique or whether a visitor has viewed our Website before, and for other website improvement purposes. We may use these tracking devices, including “persistent cookies” that will remain on your computer even after you close your browser, to enable you to have access to your personal content without having to login each time you visit. While most browsers are set to accept cookies and other tracking devices by default, you can set yours to refuse tracking devices or to alert you before accepting them. However, by disabling tracking devices, you may not have access to the entire set of features of our Sites. Your browser manufacturer has information on changing the default setting for your specific browser.
In addition to information that you provide us voluntarily, we may collect other non-personally identifiable information in connection with the operation of our Sites, including, but not limited to, Internet Protocol (“IP”) addresses and browser or operating system information. We may also capture click streams, which record what you click on while browsing the Internet, to help us learn what parts of our Sites are most popular and among which audiences. The typical data that we review includes, but is not limited to, audience size, return visit rate, pages visited, time spent on pages, and similar data. This information is used to help optimize our user interface, improve content, and customize our site content and layout to better serve our clients and visitors. Such information is collected or maintained by us or by service providers acting on our behalf.
If you have provided us with your email address, we may use this information to contact you, or to identify the pages you view when you visit our sites, the amount of time you spent on them, and other similar data.

Information Use and Consumer Choice
In the course of conducting our business, we use information you provide to us to handle and analyze claims, to process employment inquiries, to deliver and administer eLearning courses, or to provide you with information about our products and services. We may share information you provide to us on an as-needed basis or as otherwise required by law. In certain situations, we will share information about you:

  • With governmental authorities, but only to the extent that we are required to disclose any PII pursuant to the legal process we receive from the governmental authority;
  • With law enforcement agencies;
  • With our affiliated companies or a third party if reasonably necessary to enable them to assist in providing our services to clients, fulfilling the requests you make, or the business transactions you conduct, that relate to claims handling and analysis, employment inquiries, and to deliver or administer eLearning courses, or otherwise solely to provide us with contracted services;
  • With credit reference and fraud prevention agencies and other third parties, including insurers and loss adjusters, to prevent and detect fraud;
  • To protect or defend our legal rights or property or the interests of clients or users of our Sites;
  • To respond to claims that any posting or other content violates the rights of third parties;
  • To protect the health and safety of our Website’s users or the general public when there is an emergency.

We may also outsource some tasks, including the operation of certain Website functions that require access to information you supply online. In such cases, however, we require that the companies acting on our behalf abide by our privacy practices and institute safeguards to protect the confidentiality of your information.
We may contact you in response to your comments or inquiries, as part of the maintenance of your account with us (if you have one), or in order to complete a transaction that you requested. We may also contact you to inform you of other products or services we believe may be of interest to you, but we will offer you an opportunity not to receive such communications. If you decide that you do not want to be contacted by DCMG or to request that we limit the uses and disclosures of your PII, you can send an email to recruiting@directclaimsmg.com with such requests.
If our company or our assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, personally identifiable information that you provide and other information concerning your relationship with us. Such third parties will assume responsibility for the personal information collected by us in connection with our business operations or through our Website and such third parties will assume the rights and obligations regarding such information as described in this Privacy Notice.
Outside of the recipients and purposes noted above, we do not use, disclose, sell, or transfer any PII without consent unless required or permitted by law or regulation. Please note that if you choose not to provide such consent and it is required by law before we use, disclose, sell or transfer your PII, including sensitive PII, we may not be able to process your claim, employment inquiry, or other transaction. The recipients of our data may be located in countries throughout the world. If the recipient is not affiliated with DCMG, except as specified above, the recipient’s privacy practices will govern its use and disclosure of the transferred data.

Access and Correction
As a claims management, information, and eLearning company, we know the importance of accurate data. Therefore, we strive to maintain the accuracy of the information that we collect. We will provide you with access to PII you provide to us for as long as we maintain that information in a readily accessible format. Similarly, we permit and encourage you to correct inaccuracies in the information you submit to us. Where required by law, we will also allow you to request deletion or object to processing of your data. Please note, as stated in the Terms and Conditions above, we do not make representations about the accuracy, reliability, completeness, or timeliness of the contents of our Sites and provide no warranties, express or implied, for the content or accuracy of information on our Sites.
If you wish to access PII that you have submitted to us, to request the correction of any inaccurate information you have submitted to us, to request deletion of, to object to processing of your data, or to request a paper copy of this Privacy Notice, please send an e-mail that includes your contact information to: recruiting@directclaimsmg.com.

Your California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclose to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to: recruiting@directclaimsmg.com.
We recognize the importance of security for your PII and employ reasonable administrative, technical, and organizational safeguards to protect it against loss, misuse, unauthorized disclosure, or unauthorized alteration. Please note, however, that we cannot guarantee that unauthorized third parties will never be able to defeat our protection methods or use your information for improper purposes, or that errors in transmission will not occur, and as such we disclaim and limit any liability for such improper use, disclosure, loss, or misuse in the Terms and Conditions section above.
We limit access to PII to those employees and contractors working on our behalf who need access in order to carry out their job responsibilities. We maintain physical, electronic, and procedural safeguards that comply with all applicable laws that protect your PII. The computers and servers in which we store PII are kept in a secure environment.

Links to Other Sites
As noted in the Terms and Conditions above, our Sites may provide links to other websites not owned or controlled by us that we think might be useful or of interest to you. We are not, however, responsible for the privacy practices used by other website owners or the content or accuracy contained on those other websites. You may contact those websites directly for their individual privacy policies.

Privacy Notice Changes
We reserve the right to revise this Privacy Notice from time to time to reflect changes in our privacy practices. We encourage you to review our Sites, and this Privacy Notice in particular, on a periodic basis for any updates or changes to our privacy practices. Your continued access or use of any one of our Sites shall be deemed to be your acceptance of all privacy practices described in this Privacy Notice, including any changes, whether or not you have reviewed them. Please note that this policy is not intended to and does not create any contractual or other legal rights in or on behalf of either DCMG or you or any other party.

Effective Date
This Privacy Notice is effective as of June 29, 2017.