MyHandyHomeHelp.com services are Work Specific according to the specific task, direction, and provision of the Customer. The Work is provided pursuant to the Handy Home Help Service Agreement, and according to the following Terms and Conditions.
TERMS AND CONDITIONS
Definitions: Work-any activity(s) or purpose for which Helper is present; Access-Physical proximity to Work including tacit authorization to move or remove objects, material(s), or components preventing adequate Access to Work; Hour(ly)– time period of 60 contiguous minutes, or part thereof rounded to the full hour; Project-Arranged Work activity(s) independent of Hour(ly) time limits; Maintenance-Arranged Work activity(s) scheduled on recurring basis; Work Order-Description of Work to be performed and any information pertaining to and/or required for any aspect of the Work, including Work Schedule, costs, material(s), manufacturer instructions, etc.; Substantial Completion-Production of Work results that meet Work Description; Fetch(ing)-Activity, including travel, to obtain necessary Work items such as materials and tools.
Service Call and Fee: Initial Work services may begin with a Service Call provided at a flat rate fee to Customer. The Service Call will provide for initial negotiation of Work Description and Schedule for Work commencement. The Service Call period will provide up to 1.5 (one and one half) hours of Work activity toward completion of Work Description in consideration of the Service Call fee amount. Additional time necessary to complete Work Description, beyond the Service Call Work activity period, may be added as authorized by Customer at an additional hourly flat rate per contiguous clock hour and/or part thereof rounded to the full hour.
Customer Authorization and Accommodation: Customer authorizes Helper to access and perform Work services as necessary to complete Work as described, and according to the agreed Work/Schedule provided in the applicable Work Order for services (attached/by reference). Customer shall accommodate Work Access until Substantial Completion, or Work Schedule cessation.
Scope: The Work Description and/or Schedule described in the Work Order comprise the complete obligation for the Work to be performed. Upon commencement of described Work/Schedule the Work shall be considered completed at (1) substantial completion, and/or (2) when the Work becomes inaccessible or interrupted beyond the control of Helper, including cessation of Work as required by Customer, and/or failure of Customer to provide Access, materials/equipment, or other accommodation as provided in Work Order and this Agreement.
Work: Work may be performed as scheduled according to an Hourly, Project, or recurring Maintenance basis. The type of Work basis shall be specified per Work Order as negotiated.
Fetch(ing): Customer shall provide all materials and appropriate tools necessary for completion of Work Description. As authorized by Customer, Helper may utilize Work Hour(s) to fetch materials and/or proprietary tools required for Work completion which Customer does not provide. Value/Cost of materials and/or other provisions provided by MyHandyHomeHelp.com shall be compensated at the sum of the material/provision cost plus the hourly rate applied to Fetching activity time, which sum will be characterized as Fetching Service(s). Work Order Hour(ly) time on site does not accrue additionally when used as Fetching time.
Utility Services: Customer shall provide basic energy and water sources as needed for Work as required.
No Warranty: MyHandyHomeHelp.com offers to provide physical services regarding common consumer level Work per Work Description on existing or incidentally provided materials/components and does not implicitly provide proprietary or licensed trade Work, including diagnostic services. MyHandyHomeHelp.com does not warrant Work performed under any Work Order for any purpose, including current or future applicability, durability, or functional performance.
Payment Due and Payable: Payment for Services is due and payable per Work Order Cost of Services upon Substantial Completion, cessation of Work by Customer, or incidental circumstance(s) preventing Work continuation. Work Order fee/cost amounts are payable in full to MyHandyHomeHelp.com notwithstanding Customer cessation of Work activities, whether voluntary or otherwise. Note: Payment with Credit Card ADD 3.0% convenience Fee to charge amount Total.
Mechanic Lien: Customer acknowledges that MyHandyHomeHelp.com may register a Mechanic Lien with the County Registrar of the county in which Work Order is performed, levied against Real Property on which Work was performed, should Customer fail to perfect payment of obligation(s) due for Services rendered under this Agreement, plus any amount to satisfy any additional costs to MyHandyHomeHelp.com for legal and/or any other costs associated with collection of payment(s) due.
Liability: Customer engages MyHandyHomeHelp.com for Customer’s Work Order requirements and assumes all risk and liability regarding the presence and Work activities of MyHandyHomeHelp.com, and Helper on Customer’s property per the requirements of the Work Order. Customer agrees to indemnify and hold harmless MyHandyHomeHelp.com and any associated individual, agent, or assign from any action(s) or recourse, now or in the future regarding Work performed as required under applicable Work Order, and/or regarding any damage, coincidental or consequential to Customer’s property during or after the presence and/or Work activities of MyHandyHomeHelp.com services. Any controversy or claim between the parties hereto, arising directly or indirectly out of, connected with, or relating to the interpretation of this Agreement, the scope of the services rendered by Helper, or as to any other matter involving any activity under this Agreement shall be submitted to Small Claims Court in Ellis County, Texas. If repairs or replacements are performed by others on Work Order items without giving MyHandyHomeHelp.com a minimum of 10-day notice and access to allow for on-site review of applicable Work Order activity, MyHandyHomeHelp.com will have no liability to the Customer.
Limitation of Liability: The parties agree that MyHandyHomeHelp.com is limited in liability to the fee/compensation amount(s) actually paid by Customer for the specific transactions for which the Work in question was performed, less cost of any materials.