1) INTRODUCTION: Haelo Total House Care (“Company”) is a residential and commercial property maintenance company hired and appointed by our Clients to oversee regular maintenance services and improvement projects carried out by either employees of the Company or independent contractors representing the respective fields of expertise they are requested to service and maintain. Client understands and agrees that they are contracting with Company to coordinate and manage these Services on the Client’s behalf, and on larger jobs over $500 that require a Contractor’s license in the State of California, the Client understands they may also contract directly with the licensed contractor performing the work as they are the licensed professional solely responsible for the design, construction, safety, performance and warranty of the job they’ve been hired to perform in its entirety.
2) “CORE SERVICES”: Company operates with the following “Core Services”: Janitorial, House Cleaning, Landscape, Yard Care, Handyman, Pressure Washing, Window Washing, Carpet Cleaning, Pool Cleaning.
3) QUOTES, BIDS & PRICING: Company will provide Client a custom quote for each job or service requested, and Client must approve a Service Form and execute Client Service Agreement before work can begin. For any work performed by licensed contractors over $500, Client assumes full responsibility for researching, choosing and approving the contracted company they will hire directly to complete the work.
4) SERVICE AND CONTRACT TERMS: Terms of the contract are set forth in this Agreement below and within the Service Form. These terms shall continue in full force and effect until such time as it is terminated by you or by us. ALL RECURRING SERVICE TERMS WILL AUTOMATICALLY RENEW IN SUCCESSIVE ONE (1) MONTH TERMS UNLESS WRITTEN NOTICE TO CANCEL IS RECEIVED NO LESS THAN 30 DAYS PRIOR TO END OF CURRENT TERM.
5) COMPANY RIGHT TO TERMINATE: The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if the Company believes that you have violated this Agreement.
6) NON-SOLICITATION OF COMPANY CONTRACTORS, EMPLOYEES AND WORKERS: Any present or past Client of Company may not directly or indirectly solicit or hire one of Company’s past or present Contractors, employees, or team members without direct permission from Haelo Total House Care (Company). By using our Services, you agree to notify us of any attempts to solicit or accept side propositions and/or services from Company referred Contractors, its employees, or Workers. Please note that unauthorized exchanging of contact information could be considered part a breach of this section.
7) CLIENT CONSENT AND AUTHORIZATION FOR COMPANY TO ACT AS LIMITED AGENT: Client understands and agrees that by signing this Client Service Agreement they are hiring and authorizing Company to carry out certain tasks required to ensure performance of requested services and projects. Client further agrees and authorizes Company to assist in selecting contractors to bid both one-time and recurring services, both small-scale and also on larger projects that may require contractor licensing, and, upon Client approval of Work Order Estimates, Company may assist in coordination and completion of these jobs and projects by respective contractors that are hired by and/or on behalf of Client. Client understands that all unlicensed “Core Services” work performed will be billed by Company and payable to Company, whom will then distribute contractor payments accordingly on behalf of the Client. For jobs over $500 requiring a contractor license, Client understands they will contract directly and make payment directly to the licensed contractor.
8) USE OF CONTRACTORS AND SUB-CONTRACTORS: Company is not currently licensed as a Contractor in the State of California. Therefore, all Services are to be carried out by Contractors and Sub-Contractors under the coordination of the Company on behalf of the Client. All Contractors and Sub-Contractors are to be licensed when required under applicable law and are required to carry state mandated minimum General and/or Professional Liability Insurance coverage on themselves and anyone working for them at all times.
9) INSURANCE: Company is to carry state mandated minimum General Liability insurance coverage for “Core Services” only. Client understands when contracting directly with a licensed contractor, Company will obtain a copy of their professional license and insurance certificate. Client further understands they will contract directly with the licensed contractor and will hold Company harmless for any claims resulting in damage, loss or injury and will pursue any claims and resolutions with licensed contractors directly and solely.
10) ADD-ONS, ADDITIONAL SERVICES, CHANGES TO SCHEDULED SERVICE: Client may elect to have additional “add-on” services performed while Service Provider is currently working at the Client property. Further, there may be a need to request additional time or special “one-time” projects that Client may request or elect. Client will be charged to their credit card on file or will be invoiced for add-on services.
11) INVOICING AND PAYMENT: Invoices are due upon receipt. Some projects may require a deposit before work can begin. All recurring services are paid in advance either monthly or booked online where payment is made by credit card at the time of Client purchase. Credit cards on file will be used for upcoming scheduled service payments and to pay any upgrades or extras requested by the Client.
12) CANCELLATION AND NO-SHOW POLICY: Client cancellations of scheduled appointment with less than 24 hours’ notice may result in a $50 penalty that will be charged to the credit card on file by default, or billed to Client alternatively.
13) CLIENT SATISFACTION AND COMPLAINT RESOLUTION: Client has the option to be present at completion of any job for a walkthrough with the Contractor or employee. If Client is unable to be present for a walkthrough following the completion of work and/or service, Client will have up to 24 hours following the Service appointment to notify the Company of their complaint or concern. In this case, there could be a “Return Charge” for Contractor or employee to revisit the property regarding a previous appointment.
14) THEFT, LOSS AND DAMAGE TO PERSONAL AND/OR REAL PROPERTY:
a. Theft, Loss: If you believe something is missing from your home or property as a result of contracted services under this agreement, please confirm that the item is indeed missing. Once you are convinced the item is missing, Company’s’ management would encourage you to notify your local police department to investigate the matter. Company is not responsible for theft and loss committed by its referred contractors. b. Breakage: We do our best to prevent it and in the rare instance something does get broken, we will notify you immediately. Sometimes breakage occurs when there are “booby traps”. Those are accidents waiting to happen. Contractors and employees are often handling things that aren’t normally touched (pictures not hung securely (e.g. with thumb tacks), top heavy items with unstable bases, wobbly, tippy objects). Each incident is reviewed on a case by case basis. We cannot take responsibility for “booby traps”.
14) HEALTH AND SAFETY:
a. Hazardous Conditions: Due to health and safety reasons, Contractors and employees may, at their discretion, avoid certain areas or refuse to work in areas/homes suspected or found to contain mold, human waste, pest (flea and rodent infestations, etc.) pet waste, bodily fluids or anything else that can be considered hazardous if it is not within their scope of licensed expertise. We can recommend a company that is equipped to handle these situations. We do ask to be informed beforehand if this may be an issue. If this situation arises, we have the right to charge an additional fee as well.
b. Client Responsibility to a Safe Environment: We strive to foster a safe environment for everyone. Our Contractors are professionally trained, insured, and licensed when required by law. WE RESERVE THE RIGHT TO REMOVE OUR CONTRACTORS, EMPLOYEES & WORKERS FROM YOUR HOME SHOULD THE ENVIRONMENT BECOME UNSAFE. By using the Services, you agree to assist in fostering a safe environment by:
i. Identifying fragile items and communicating this with the Contractors or your House Care Manager prior to the start of any appointments.
ii. Notifying us of pets and, if necessary, placing them in designated enclosures that would not threaten our Contractors or staff, or impede our Services
iii. Removing any biohazards, including, but not limited to, human bodily fluids, animal waste, rodent feces, live/dead insects, and sharp bio-products (needles, IV tubing, etc.).
iv. Not requiring the lifting or moving of furniture items (unless specified in Work Order).
v. Notifying Contractors and House Care Manager of any known existing or potential safety hazards or concerns in or around the property.
a. Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
b. The Company agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Company has obtained, except as authorized by the Client or as required by law. The Company further agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any person information of the Client, without the prior written consent of the Client. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of the Agreement.
16) INDEMNIFICATION: Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
17) APPLICABLE LAW/JURISDICTION AND VENUE. Any suit or proceeding hereunder shall be brought exclusively in local, state or federal courts located in San Diego, California. Each Party consents to the personal jurisdiction of said local, state and federal courts and waives any objection that such courts are an inconvenient forum.
18) SEVERABILITY: In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
19) WAIVER: The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.