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Terms & Conditions

Last updated: January 1, 2019

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.advantagehandymanservice.com website (the "Service") operated by Advantage Handyman Services ("us", "we", or "our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Advantage Handyman Services and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Advantage Handyman Services.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Advantage Handyman Services.

Advantage Handyman Services has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Advantage Handyman Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Advantage Handyman Services, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Advantage Handyman Services its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Warranty

Advantage Handyman Services will repair, free of charge, defects in workmanship performed under a Bid Proposal (Estimate) for Two years. Warranty is for labor only, and does not apply to materials or material failure, manufacturers recommended use or customer negligence, normal wear and tear, acts of God, or a change in the Customer’s mind. Warranty becomes effective when complete payment has been credited to Advantage Handyman Services account. Warranty work does not extend the original warranty period. Incomplete payment for any reason, voids the warranty. Advantage Handyman Services has the right to refund a portion of the cost in lieu of work completion or warranty work. Warranty work is to be performed by the original craftsman, if available. If the Customer or Customer’s contractor modifies work performed by Advantage Handyman Services in any way, the warranty is void. Neither the warranty nor the Proposal is transferable. All claims must be accompanied by original contract.

Certain work is excluded from warranty including, but not limited to, caulking, grouting, drywall cracks, blocked plumbing, roof repairs, gutter guards and leaks of any type unless the unit is replaced (for example, a faucet).

Estimate are usually for labor only and do not include materials. If materials are supplied by Advantage Handyman Services, manufacturer’s warranty will apply to the material. Customer may supply materials or may request Advantage Handyman Services purchase and transport materials Advantage Handyman Services reserves the right to approve Customer supplied materials. Customer must approve all materials supplied by Advantage Handyman Services prior to use. Customer agrees to reimburse Advantage Handyman Services for all materials purchased or supplied, plus a markup of 20%, unless such material is included in the Proposal. Materials may include but are not limited to: consumable tools (like sandpaper), tool rental, delivery charges, dump fees, etc. Advantage Handyman Services provides no warranty on materials and no reimbursement for any materials will be made under any circumstances. If materials are found to be defective due to no fault of Advantage Handyman Services, additional cost may be required to replace the defective materials.

All selections relative to style, color, texture, etc. are the sole responsibility of the Customer Advantage Handyman Services does not guarantee matching of existing paint, stain, tile, caulk, grout, texture, brick, mortar, etc. Unless otherwise stated on Proposal, estimate is for one coat of paint only.

Permits, utility flagging, and debris removal are the sole responsibility of Customer unless otherwise stated on the Proposal.

All changes to the Proposal must be made in writing and initialed by the Customer. If hidden problems are discovered during the job, the craftsman will stop all work and rebid the job. If rebid is required, no work will continue until Customer agrees to the additional work in writing and change is initialed by the Customer.

Proposals are valid for 30 days and are based on the craftsman assigned to do the work. Another Proposal will be required if the craftsman is unavailable for any reason. If the craftsman’s association Advantage Handyman Services terminates or he becomes unavailable or the Customer requests a different craftsman, either the Customer or Advantage Handyman Services may cancel the contract, and payment will be due based on the work completed.

If any disputes other than nonpayment by the Customer arise and are not resolved, the Customer agrees to use binding arbitration. The prevailing party agrees to pay all collection fees, legal fees, and court costs resulting from any dispute between the parties.

This warranty supersedes all other previous agreements, and advertisements, written or oral. There are no other warranty’s/guarantee’s expressed or implied and there is no liability for consequential damages of any kind. Any representations made by the craftsman other than those set forth on this Warranty are hereby disclaimed by Advantage Handyman Services

Customer’s signature by job(s) authorize craftsman to begin work. Payment in full is due at completion of work authorized under the Proposal. Signature on Proposal indicates customer has inspected and accepted quality and completion of all work performed. A surcharge of $50 will be assessed on all return checks.

In a commitment to provide superior services Advantage Handyman Services is now a Life Member of the Association of Certified Handyman Professionals. This agreement is non-negotiable.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

1. Definitions

  • 1.1    Except to the extent expressly provided otherwise, in these Terms and Conditions:

  • "Business Day" - means any weekday other than a holiday.

  • "Business Hours" - means the hours of 7:00 AM and 7:00 PM CST on a Business Day.

  • "Charges" - means the following amounts:

    • (a)   the amounts specified in Section 7.
    • (b)   the amounts as may be agreed in writing by the parties from time to time; and
    • (c)   amounts calculated by multiplying the Provider's standard time-based charging rates (as notified by the Provider to the Customer before the date of the Contract by the time spent by the Provider's personnel performing the Services rounded down to the nearest quarter hour).          
  • "Contract" - means a particular contract made under these Terms and Conditions between the Provider and the Customer;

  • "Customer" - means "You" the person or entity identified as such in Section 1;

  • "Customer Premises" - means any premises owned or controlled by the Customer at which the parties expressly or impliedly agree the personnel of the Provider shall provide Services;

  • "Effective Date" - means the date of execution of a Statement of Work incorporating these Terms and Conditions;

  • "Force Majeure Event" - means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
  • "Minimum Term" - means, in respect of the Contract or the period specified in Section 2;

  • "Provider" - means "We', Advantage Handyman Services.

  • "Services" - means work undertaken by Advantage Handyman Services as specified in Section 3;

  • "Statement of Work" - means a written statement of work agreed by or on behalf of each of the parties;

  • "Term" - means the term of the Contract commencing in accordance with clause 2.1 and ending in accordance with Clause 2.2;

  • "Terms and Conditions" - means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time.

2. Term

  • 2.1     The Contract shall come into force upon the Effective Date. 
  • 2.2     The Contract shall continue in force until:           
  • (a)   all the Services have been completed; and           
  • (b)   all the Charges have been paid in cleared funds, upon which it will terminate automatically, subject to termination in accordance with Clause 11.2 unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.  

3. Services 

  • 3.1     The Provider shall provide the Services to the Customer in accordance with these Terms and Conditions. 
  • 3.2     The Provider shall provide the Services in accordance with the standards of skill and care reasonably expected from a leading service provider in the Provider's industry. 
  • 3.3     If the Customer believes that any element of the Services does not meet the standards specified in Clause 3.2, then the Customer must promptly notify the Provider and allow the Provider to investigate the matter (including where applicable allowing the Provider to inspect the results of those Services) and, if those Services do not meet that standard, re-perform those Services. 
  • 3.4     The  Provider shall devote such of its personnel's time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion. 
  • 3.5     The Provider shall comply with all reasonable requests and directions of the Customer in relation to the Services.  

4. Customer Premises  

  • 4.1    The Customer shall:           
  • (a)    promptly provide to the Provider such access to the Customer Premises as is reasonably required by the Provider for the provision of the Services;           
  • (b)    if the Customer is not a consumer, be responsible for ensuring the health and safety of the Provider's personnel whilst they are at the Customer Premises;           
  • (c)    if the Customer is not a consumer, inform the Provider of all health, safety and security rules, regulations and requirements that apply at the Customer Premises;           
  • (d)    if the Customer is not a consumer, maintain reasonable insurance cover for the Provider's personnel whilst they are working at the Customer Premises (including reasonable public liability insurance);          
  • (e)     ensure that no third party service provider will be working at the Customer Premises during the provision of the Services at the Customer Premises by the Provider. 
  • 4.2     If the Customer is not a consumer, then in the performance of the Services at the Customer Premises, the Provider shall comply with all reasonable health, safety and security rules, regulations and requirements advised by the Customer of the Provider.  
  • 4.3     The Provider shall use all reasonable measures to secure any keys, and any other means of access, supplied by the Customer to the Provider for the purpose of enabling the Provider's personnel to enter and work at the Customer Premises.  

5. Customer Obligations 

  • 5.1     Save to the extent that the parties have agreed otherwise in writing, the Customer must provide to the Provider, or procure for the Provider, such:           
  • (a)   co-operation, support and advice;           
  • (b)   information and documentation;           
  • (c)   governmental, legal and regulatory licences, consents and permits as are reasonably necessary to enable the Provider to perform its obligations under the Contract. 
  • 5.2     The Customer must provide to the the Provider access to a water supply, a waste water disposal facility, a mains electricity supply and toilet facilities. 

6. Estimate 

  • 6.1.    Any quotes or estimates provided by The Handyman Services to the Customer (“Quotation”) are estimates only and cannot be guaranteed. Any Quotation made by or on behalf of The Handyman Services whether in writing and/or orally is only an invitation to an offer and no Quotation shall be binding upon The Handyman Services.
  • 6.2.     The price given is a true estimate of what the Provider expects  to charge the Customer. If there are circumstances the Provider could not have been aware of, that will affect the price and the Provider will provide you with an updated estimate. 
  • 6.3.     Quotations are valid for 30 days from the date of the quotation. 
  • 6.4.     You have the right to accept the price or decline.  Payment will be required for any work that you have authorised and we have completed up to the point you cancel.  

7. Charges 

  • 7.1     The Customer shall pay the Charges to the Provider in accordance with these Terms and Conditions. 
  • 7.2     If the Charges are based in whole or part upon the time spent by the Provider performing the Services, the Provider must obtain the Customer's written or verbal consent (subject to clause 11.3) before performing Services that result in any estimate of time-based Charges given to the Customer being exceeded or any budget for time-based Charges agreed by the parties being exceeded. 
  • 7.3     All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable clause, added taxes if the Customer is a consumer, which will be added to those amounts and payable but the Customer to the Provider. 
  • 7.4     The Provider may elect to vary the Charges by giving to the Customer not less than 7 days' written notice of the variation. 

8. Payments 

  • 8.1     The Provider shall issue invoices for the Charges to the Customer either in advance of the delivery of the relevant Services to the Customer in relation to deposit monies or at any time after the relevant Services have been delivered to the Customer. 
  • 8.2     The Customer must pay the Charges to the Provider within the period of 3 calendar days following the issue of an invoice in accordance with Clause 7. 
  • 8.3     The Customer must pay the Charges by bank transfer, cash or cheque. 
  • 8.4     If the Customer does not pay any amount properly due to the Provider under these Terms and Conditions, the Provider may:          
  • (a)  charge the Customer interest on the overdue amount at the rate of 2.5% per day from the date the full amount was due (interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).          
  • (b)  if the Customer is not a consumer, claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. 
  • 8.5     Staged payments can be agreed and payment dates will be stipulated on your contract.  

9. Delay 

  • 9.1     We will aim to complete the work within the agreed timescale. We are only liable for delays caused by our own negligence. Any work will be completed within a reasonable time.  

10. Force Majeure​ 

  • 10.1     A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.  

11. Changes 

  • 11.1     Any changes the Customer makes in relation to what is to be supplied, we would request that you confirm this in writing or other durable form (e.g. email). This will ensure that both parties have a record of what was agreed. 
  • 11.2     Changes to the contract may also mean changes to the price and this will need to be confirmed in writing or other durable form and agreed by both parties.
  • 11.3      Where changes or variations to the original contract occur after work has commenced and whilst on Customer Premises, acceptance of such changes may be made between both parties orally, face to face or via the telephone where time is of the essence and to stop work to gain written consent would result in further, unnecessary delays.

12. Cancellation 

  • 12.1     Depending on the circumstances, and where and how your contract was agreed you may have a 14 day right to cancel it.  Your rights are contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. 
  • 12.2     If you wish to cancel this contract outside of the 14 days cancellation period we reserve the right to deduct/claim the direct costs we have incurred. 

13. Damage 

  • 13.1     We will not be liable for any damage unless caused by our negligence.  

14. Services provided 

  • 14.1     The Customer's rights under the Consumer Rights Act 2015, state that services should be provided with reasonable care and skill, within a reasonable time, (if no specific time has been agreed) and for a reasonable cost, (if no exact price has been agreed). 
  • 14.2     If a problem arises the Provider aims to resolve the issue within a reasonable time.  

15. Goods Provided 

  • 15.1     Any goods provided in line with the contract should be as described, of satisfactory quality, and fit for the purpose made known.  

16. Complaints Policy 

  • 16.1     The Provider is committed to providing the highest levels of care to all our customers. If the Customer is in any way dissatisfied with the Provider's services then please let the Provider know as soon as possible. This will help the Provider to continually improve their service to the Customer. 
  • 16.2     In the unlikely event that the Customer is dissatisfied, the Customer is entitled to withhold an amount to cover any corrective work that may be required. The Provider should be given the opportunity to complete any corrective work in the first instance. 
  • 16.3     When contacting the Provider, please detail the nature of the complaint, the Customer's contact details and indicate the preferred method of communication, e.g. telephone, email. 
  • 16.4    The Provider will acknowledge receipt of your complaint within three working days.  

Contact Us

If you have any questions about these Terms, please contact us.