HANDYMAN NOW SUBSCRIPTION SERVICE TERMS OF SERVICE
This Handyman Now Subscription Service Terms of Service (the "Terms") is entered into between Home Experts, an Indiana corporation, with its principal place of business at 13672 Stone Dr., Carmel, IN (hereinafter referred to as the "Company") and the Subscriber, who agrees to the terms outlined below.
ACCEPTANCE OF TERMS
By subscribing to the Handyman Now service, the Subscriber acknowledges and agrees to be bound by these Terms. If the Subscriber does not agree with any part of these Terms, they should not use the Handyman Now service.
SUBSCRIPTION SERVICE
The Company agrees to provide the Handyman Now subscription service to the Subscriber in accordance with the terms outlined in this agreement.
a. The Subscriber is entitled to receive 24 hours of service annually as part of the subscription. These hours can be used for handyman services provided by the Company. A monthly subscriber is entitled to 2 hours for each monthly payment which total 24 hours for the annual contract.
b. For the monthly subscriber, hours that are not used each month will roll forward each month until month 12. At the end of month 12 hours will expire.
c. If the hours needed to complete a customer's request exceed the allocated 24 hours annually, the hourly rate for additional service hours will be $100.
d. Any unused hours within the 12 months of the subscription start date will expire and will not be carried forward to the next subscription period.
e. For customers who choose to purchase the annual subscription, their subscription will automatically renew 1 year from the start date of their service.
f. There are no refunds for the annual service, and no proration of the service will be provided.
MATERIALS AND ADDITIONAL CHARGES
a. The customer is responsible for providing all materials to complete the work.
b. If the customer chooses to have Home Experts purchase the materials, there will be a $50 trip charge in addition to the cost of materials.
c. The trip charge and cost of materials are due at the job completion and will be invoiced separately.
MONTHLY SUBSCRIPTION AND PAYMENT
The Subscriber agrees to pay a monthly subscription fee of two hundred and fifty-three dollars. Payment will be charged on the same day of each month from which the subscriber started service. The Subscriber authorizes the Company to automatically charge the provided payment method for the subscription fee.
ANNUAL SUBSCRIPTION AND PAYMENT
The Subscriber agrees to pay an annual subscription fee of two thousand five hundred dollars. Payment will be charged on the from which the subscriber started service. The Subscriber authorizes the Company to automatically charge the provided payment method for the subscription fee.
a. If any monthly charge is unsuccessful, the Subscriber will incur a $10 charge per day until the monthly charge has been successfully processed. The Company reserves the right to suspend or terminate the Handyman Now service if payment issues persist.
12-MONTH COMMITMENT PERIOD
The Subscriber acknowledges and agrees that the Handyman Now subscription service has a minimum commitment period of 12 months. The commitment period starts from the date of activation.
CANCELLATION POLICY
a. The Subscriber may not cancel the subscription before the completion of the 12-month commitment period.
b. If the Subscriber wishes to cancel the subscription before the completion of the 12-month commitment period, they must provide written notice to the Company. However, even if canceled, the Subscriber will be charged for the remaining months of their current 12-month contract.
MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access: and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;( 6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or
software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple S1ore or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms
and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
TERMINATION BY COMPANY
The Company reserves the right to terminate this Agreement in case of a material breach by the Subscriber, subject to applicable laws.
CHANGES TO TERMS
The Company reserves the right to make changes to these Terms with reasonable notice to the Subscriber.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the state of Indiana.
LIMITATION OF LIABILITY
The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Handyman Now subscription service.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties and supersede any prior agreements or understandings.
IN WITNESS WHEREOF, the Parties hereto have executed these Handyman Now Subscription Service Terms of Service as of the Effective Date.
Home Experts
By: ____________________________
[Authorized Signatory]
Date: ___________________________
Subscriber
By: ____________________________
[Subscriber's Name]
Date: ___________________________
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