BY CLICKING THE "I ACCEPT" BUTTON, OR OTHERWISE ACCEPTING THIS AGREEMENT THROUGH THE CUSTOMER QUOTE THAT INCORPORATES THESE TERMS (THE "CUSTOMER QUOTE"), CUSTOMER (HEREINAFTER "YOU" OR "YOUR") AGREES TO BE BOUND BY AND TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS CUSTOMER TERMS AND CONDITIONS AGREEMENT (THE "AGREEMENT"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
WHEREAS, HANDLD HOME, LLC ("HH" or "the Company"), a California limited liability company ("Company"), provides a variety of home maintenance services;
WHEREAS, CUSTOMER desires to hire HH to perform home maintenance services; and
WHEREAS, the parties desire to enter into this Agreement under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:
The Company provides home maintenance services, including but not limited to window washing, gutter cleaning, pressure washing, outdoor furniture cleaning, pest control, mobile car wash and detailing, and general handyman services (collectively, the "Services").
1.1. Customer Quote. YOU will receive YOUR CUSTOMER QUOTE for the Service(s) YOU select. The CUSTOMER QUOTE will include, among other things, a general description of each Service and its current price. YOU should review YOUR CUSTOMER QUOTE closely before accepting your order.
1.2. Customer Approval & Scheduling. YOU must approve YOUR CUSTOMER QUOTE by clicking the "BOOK" button to order Services. Upon approval, HH will schedule YOUR Services and send YOU a text notification at the authorized number.
2.1 Postponement or Cancellation. At HH's sole discretion, Services may be postponed or cancelled in the event of inclement weather. For purposes of this Agreement, "inclement weather" includes, but is not limited to, active rainfall, thunderstorms, lightning, hail, snow, or sustained wind gusts at or above fifty (50) miles per hour, or other conditions that HH reasonably determines would make performance of the Services unsafe, impractical, or likely to cause damage.
2.2 Notice. In the event of a cancellation or postponement under this Section, HH will provide notice to YOU by text message at the contact number YOU provided in the CUSTOMER QUOTE.
2.3 Reschedule. In the event of postponement or cancellation of Services under this section, HH will reschedule YOUR Services and send YOU a text notification at the authorized number.
Services are currently available in Pasadena, South Pasadena, San Marino, La Cañada, and Glendale, California. Service areas are subject to change at the Company's sole discretion.
4.1 Obligation to Pay. YOU agree to pay HH the full order price for all Services ordered.
4.2 Pricing. Prices for Services are determined at HH's sole discretion and may be changed at any time without prior notice. HH currently offers two pricing tiers: Standard and Member.
4.3 Applicable Pricing. YOU will be charged the prices in effect at the time you agree to the CUSTOMER QUOTE.
5.1. Benefits. The HH Membership Program ("Membership") provides YOU with benefits, including access to Member Pricing and priority scheduling. Benefits may be modified, discontinued, or replaced at HH's sole discretion, with or without notice to YOU.
5.2. Qualification & Enrollment. To qualify for Membership, YOU must: (a) order, accept, and pay for three (3) distinct Services; and (b) pay the Membership Program fee then in effect at the time of enrollment, as set forth in YOUR CUSTOMER QUOTE.
5.3. Membership Fee.
6.1. Cancellation. YOU may cancel any Service(s) by clicking the link in YOUR text notification or by emailing Concierge@HandldHome.com.
6.2. No Cancellation Fee. YOU may cancel any Service(s) for any reason without cost to YOU up to 24 hours in advance of the scheduled Service delivery. Cancellation of any Service(s) within 24 hours of delivery shall be subject to HH's Cancellation Fee.
6.3. Cancellation Fee. YOU agree to pay a Cancellation Fee equal to 50% of the Service Price if YOU cancel YOUR Services within 24 hours of delivery.
6.4. Rescheduling. YOU will be solely responsible for rescheduling YOUR Service(s) by clicking the link in YOUR text notification or by emailing Concierge@HandldHome.com.
7.1 Payment. Service fees shall be charged to the payment method on file at the time of completion.
7.2 Non-Payment. Failure to pay the full amount due in accordance with the Payment Terms set forth herein for any reason whatsoever, including for insufficient funds, will result in suspension or cancellation of future Services until all outstanding amounts are paid in full. HH reserves the right to charge interest on overdue balances at the maximum rate permitted by law and to recover any costs of collection, including reasonable attorneys' fees.
8.1 Access to Premises. YOU shall provide HH with adequate access to the premises and specific Service area. YOU shall provide, in advance, any special instructions necessary to gain access.
8.2 Pets. YOU shall restrain all pets prior to and during delivery of Services.
8.3 Utilities. YOU agree that YOU shall provide, at YOUR sole expense, necessary utilities, including water and electricity, required to perform Services. YOU further agree to ensure access to and availability of necessary utilities.
8.4 Safety. YOU shall take all reasonable steps to ensure that the premises and Service area are free from dangerous conditions, debris, personal items, and other obstacles. YOU will ensure that driveways and surrounding work areas are clear and maintained in a safe condition for HH to perform Services.
8.5 Failure to Secure. If YOU fail to comply with the obligations set forth in this Section, HH may, in its sole discretion, suspend, reschedule, or cancel Services, and may charge additional fees for any resulting delays or return visits.
8.6. Indemnification. YOU agree to indemnify, defend, and hold harmless HH, its officers, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) YOUR failure to comply with the obligations set forth in this Section, (b) YOUR negligence, willful misconduct, or omission, or (c) any dangerous condition on the premises that YOU knew of or should have known of and failed to remedy or disclose.
8.7 Additional Obligations. YOU agree to be bound by any additional obligations set forth in the CUSTOMER QUOTE.
YOU agree and consent to HH's right to take, use, and publish photographs or images as set forth in the Publicity Consent, Release & Waiver (In Perpetuity) attached hereto and incorporated into this Agreement as Addendum A.
YOU agree and consent to the terms of the Consent to Receive Communication attached hereto and incorporated into this Agreement as Addendum B.
HH shall not be liable for any delay or failure in performing Services caused by events beyond its reasonable control, including, but not limited to, inclement weather, natural disasters, fire, flood, strikes or labor disputes, acts of God, pandemics, or government actions or regulations. In the event of such delays, HH may, in its sole discretion, reschedule Services without liability to YOU.
HH maintains insurance coverage, including (a) a $2,000,000 umbrella liability policy and (b) a $1,000,000 general liability policy. Such coverage is maintained for the benefit of HH and is not intended to cover or protect YOU or YOUR property.
This Agreement, together with any Addendum and CUSTOMER QUOTE executed in connection herewith, constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior oral or written agreements, communications, or understandings between the parties. No amendment or modification of this Agreement shall be binding unless in writing and signed by an authorized representative of HH.
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be interpreted so as to give effect to the original intent of the parties to the fullest extent permitted by law.
This Agreement shall be governed by, interpreted, and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
YOU acknowledge that YOU have read and understand this Agreement, including any Addenda and CUSTOMER QUOTE, and YOU agree to be bound by all of the terms and conditions herein.
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