This Customer Service Agreement (“Agreement”) sets forth the comprehensive terms and conditions under which Handy Hive Pros, LLC (“Company”) provides home services to the Customer (“Customer”). By scheduling a service, the Customer acknowledges and agrees to be bound by this Agreement. The purpose of this Agreement is to establish clear expectations, delineate responsibilities, and provide protections for both parties in connection with the performance and receipt of home services.
Recitals
WHEREAS, Handy Hive Pros is a duly organized entity engaged in offering high-quality home services, maintenance, and repair solutions to residential clients;
WHEREAS, the Company utilizes a proprietary system to match customers with qualified service professionals and manages the booking, scheduling, and completion of services;
WHEREAS, the Customer seeks to obtain services from the Company under the terms set forth herein;
WHEREAS, the parties desire to set forth their respective rights and obligations in a manner that minimizes disputes and ensures compliance with all applicable laws and industry standards;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1.1. “Service” means any home repair, maintenance, installation, or related work provided by the Company as described in the service order.
1.2. “Service Professional” refers to any contractor or subcontractor engaged by the Company to perform the Service.
1.3. “Service Order” is the written or electronic record detailing the Customer’s service request, including the scope, pricing, and schedule.
1.4. “Worksite” denotes the Customer’s premises where the Service is to be performed.
1.5. “Agreement Effective Date” means the date on which the Customer confirms the service booking.
2.1. Description of Services
(a) The Company agrees to perform the Services as detailed in the Service Order, including any ancillary tasks explicitly agreed upon during the booking process.
(b) Specific tasks, materials, tools, and timeframes shall be set forth in the Service Order and may be amended only by written agreement of the parties.
2.2. Limitations & Exclusions
(a) The Services are limited to what is explicitly stated in the Service Order. Any additional work or unexpected conditions (e.g., structural issues, hazardous environments, or pre-existing damage) will be addressed through a separate change order process.
(b) The Company is not responsible for issues arising from unauthorized modifications or repairs performed by third parties.
2.3. Service Scheduling & Changes
(a) The Service Order shall include a scheduled date and time for the Service.
(b) Any modifications to the scheduled Service must be agreed upon by both parties and documented in an addendum to the Service Order.
3.1. Price Quote and Estimates
(a) The Customer will receive a detailed price quote based on the Service Order.
(b) Price estimates are subject to change if additional labor, materials, or unforeseen work is required.
3.2. Payment Terms
(a) Full payment is due upon completion of the Service unless prior arrangements have been agreed upon in writing.
(b) Payment methods include major credit/debit cards, electronic funds transfer, and other payment methods approved by the Company.
3.3. Deposits and Special Project Terms
(a) For projects requiring extensive work or specialized services, a deposit may be required.
(b) The deposit amount, payment schedule, and any milestone payments shall be detailed in the Service Order.
3.4. Taxes and Additional Charges
(a) The Customer is responsible for any applicable taxes or surcharges as required by law.
(b) Should additional work be performed beyond the agreed scope, the Company shall provide an itemized bill outlining all extra charges.
3.5. Late Payment and Collection Efforts
(a) If payment is not received within 7 days following Service completion, the Customer may incur late fees as specified in the Service Order.
(b) In the event of persistent non-payment, the Company reserves the right to initiate collection actions, including legal proceedings.
3.6. Scope Change and Additional Fees
Contractors may not negotiate or adjust fees directly with the Customer. Any change in the scope of work or price must be reviewed and approved in writing by Handy Hive Pros prior to the commencement of additional work.
4.1. Warranty of Services
(a) The Company warrants that the Services will be performed in a professional and workmanlike manner in accordance with industry standards.
(b) This warranty is limited to correction of defects directly attributable to the Company’s performance and does not extend to materials or conditions beyond the Company’s control.
4.2. Limitation of Liability
(a) The Company’s total liability for any claim arising under this Agreement shall not exceed the amount paid by the Customer for the Service.
(b) In no event shall the Company or its Service Professionals be liable for any indirect, incidental, or consequential damages, including loss of profits or business interruption.
(c) Handy Hive Pros is not responsible for damages caused by independent contractors. Any claims related to such damage must be resolved between the Customer and the Service Professional. Handy Hive Pros may assist in facilitating resolution but assumes no liability beyond the service fee.
4.3. Customer Representations and Disclaimers
(a) The Customer represents that the Worksite is safe, accessible, and compliant with all applicable laws and regulations.
(b) The Customer agrees to provide accurate information regarding any conditions that might affect the Service.
4.4. Risk Acknowledgment and Waiver
(a) The Customer acknowledges that certain inherent risks may be involved in the Service.
(b) The Company shall not be held liable for damage to pre-existing conditions, hidden defects, or issues arising from the Worksite environment.
4.5. Process for Handling Damage Claims
(a) Customers must report any damage within 24 hours of Service completion.
(b) Handy Hive Pros will notify the Service Professional and may conduct an investigation.
(c) The Service Professional is responsible for covering repair costs through their insurance or resolving the issue directly with the Customer.
(d) If the Service Professional fails to take corrective action, Handy Hive Pros reserves the right to facilitate resolution at the Service Professional’s expense.
5.1. Customer-Initiated Cancellation
(a) Cancellations made 24 hours or more prior to the scheduled appointment shall result in a full refund of any prepayments.
(b) Cancellations made less than 24 hours prior to the scheduled appointment may incur a cancellation fee of 50% of the quoted service price.
(c) Cancellations made within 3 hours of scheduled appointment or customer no-shows may result in a charge of 100% of the quoted service price.
(d) Cancellation fees may be waived on a case-by-case basis due to extenuating circumstances, such as emergencies.
5.2. Rescheduling Services
(a) The Customer may request a rescheduling of the Service provided such request is made at least 24 hours in advance.
(b) Rescheduled Services will be subject to availability and may incur additional charges if the scope of work changes.
5.3. Same-Day Cancellations and No-Shows
(a) If the Customer cancels on the day of the appointment or fails to provide access to the Worksite, the Customer shall be liable for the incurred costs.
(b) In the event a Service Professional arrives and is unable to complete the Service due to Customer-related issues, the Customer shall be liable for the incurred costs.
5.4. Technician-Initiated Cancellations
(a) Should the Service Professional cancel for reasons not attributable to the Customer, the Customer will be offered either a full refund or a discount (not to exceed 10%) on a rescheduled Service.
(b) The Company will notify the Customer immediately in such instances and propose alternative scheduling.
5.5. Cancellation Exceptions
Cancellation fees may be waived on a case-by-case basis in instances of verified emergencies, unforeseen circumstances, or contractor-initiated delays.
6.1. Full Refund Conditions
(a) A full refund will be issued if:
(i) The Customer cancels at least 24 hours in advance;
(ii) The Service Professional fails to appear or cancels without sufficient notice; or
(iii) The Service is not performed as agreed and cannot be satisfactorily corrected.
6.2. Partial Refund Conditions
(a) Partial refunds (up to 50% of the service fee) may be issued if:
(i) The Service is partially performed or fails to meet agreed-upon expectations after a review by management; or
(ii) Cancellation occurs within 24 hours of the scheduled Service.
6.3. Re-Service Option
(a) Before a refund is processed, the Company may offer a complimentary re-service attempt to resolve any issues.
(b) If the re-service attempt is unsuccessful or unacceptable to the Customer, a refund will then be processed.
6.4. Refund Processing and Timeline
(a) Refund requests must be submitted within 48 hours following Service completion.
(b) Approved refunds will be processed within 5-7 business days via the original payment method.
6.5. Complaint Resolution
If a service is deemed unsatisfactory, Handy Hive Pros may require the Service Professional to return for a re-service at no additional cost. If the issue is not resolved through re-service, the Customer may request a partial refund, subject to the Company’s refund policy.
7.1. Insurance Coverage
(a) The Company maintains appropriate insurance policies covering general liability and worker’s compensation for its Service Professionals.
(b) Proof of insurance may be provided to the Customer upon request.
7.2. Permits and Licenses
(a) The Company is responsible for securing and maintaining any required permits or licenses necessary to perform the Service.
(b) The Customer shall cooperate with any regulatory requirements as may be necessary.
7.3. Compliance with Laws
(a) Both parties agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of their obligations under this Agreement.
8.1. Customer Data and Privacy
(a) The Company shall handle all Customer information in accordance with applicable data protection laws and its Privacy Policy.
(b) Personal information provided by the Customer will be used solely for purposes related to the scheduling and performance of the Service.
8.2. Confidentiality Obligations
(a) Both parties agree to maintain the confidentiality of proprietary information and trade secrets disclosed during the term of this Agreement.
(b) Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.
8.3. Photograph Consent for Marketing
By scheduling a Service, the Customer grants Handy Hive Pros permission to use photographs of completed work for marketing and promotional purposes. The Customer may opt-out by notifying the Company in writing.
9.1. Definition and Effect
(a) Neither party shall be held liable for any delay or failure to perform any obligation under this Agreement if such delay or failure is due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, strikes, or governmental actions.
(b) In the event of a Force Majeure event, the affected party shall notify the other party promptly and make all reasonable efforts to resume performance as soon as possible.
9.2. Notification and Mitigation
(a) The party invoking this clause shall provide written notice of the Force Majeure event, including details of the impact on performance.
(b) Both parties agree to negotiate in good faith any necessary modifications to the Service Order resulting from such events.
10.1. Initial Negotiation and Mediation
(a) In the event of any dispute arising from or related to this Agreement, the Customer agrees to first seek resolution by contacting the Company’s customer support.
(b) If informal negotiations fail to resolve the dispute, the parties agree to attempt resolution through mediation under the rules of a recognized mediation organization. Mediation shall take place in the State of Florida, and the costs shall be shared equally between the parties.
10.2. Arbitration and Legal Action
(a) If mediation is unsuccessful, any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of a recognized arbitration association. The arbitration shall take place in the State of Florida, and the decision of the arbitrator shall be final and binding on both parties. The parties waive their right to a jury trial or to participate in a class action lawsuit.
10.3. Governing Law and Venue
(a) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
(b) The parties agree that any legal action arising out of or related to this Agreement shall be brought exclusively in the courts located in Florida.
10.4. Waiver of Class Action
(a) The Customer expressly waives any right to participate in any class action or representative proceeding against the Company.
11.1. Entire Agreement
This Agreement, including all exhibits and attachments referenced herein, constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether written or oral.
11.2. Amendments and Modifications
Any modifications or amendments to this Agreement must be in writing and signed by both parties to be effective.
11.3. Assignment
The Customer may not assign its rights or obligations under this Agreement without the prior written consent of the Company.
11.4. Notices
(a) All notices under this Agreement shall be in writing and delivered via email, certified mail, or overnight courier to the addresses provided by the parties.
(b) Notices shall be deemed delivered when receipt is confirmed.
11.5. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.6. Survival
The provisions regarding liability, indemnification, confidentiality, and dispute resolution shall survive the termination or expiration of this Agreement.
12.1. Customer Acceptance
(a) By scheduling a Service with Handy Hive Pros, the Customer acknowledges that they have read, understood, and agree to be bound by all the terms and conditions set forth in this Agreement.
(b) By completing the booking, the Customer acknowledges and agrees to the Handy Hive Pros Customer Service Agreement and Terms.
