Acceptance of the Terms of Services

Please read these Terms thoroughly before using the Service. By using the Service, you acknowledge and agree to be governed by these Terms, our Privacy Policy, and any other posted guidelines, regulations, and terms applicable to certain services, features, and downloaded apps (collectively, the “Guidelines”). Our Privacy Policy and similar Guidelines are incorporated into these Terms by reference.

You must not access or use the Service if you do not agree to these Terms, the Privacy Policy, or the Guidelines.

The Participation Agreement is entered into between you (“Homeowner”) and HomeEssential (collectively, the “Parties”). In consideration of the mutual provisions contained herein, the Parties agree as follows:

Definitions

“Service” means the HomeEssential Maintenance Service, which serves to:

– provide participants with a home management service via a hosted platform /software through which homeowners can outsource management of appliance maintenance and general home maintenance issues;

– perform regular maintenance on appliances to minimize future problems and breakdowns.

“Homeowner Participation Period” will begin on the Subscription Commencement Date and will end at the end of the month following notification to the customer or HomeEssential of the customer’s desire to terminate the contract.

“Customer” is the entity or person using the HomeEssential Maintenance Service and related services.

“Confidential Information” is any information related to a Homeowner’s participation in the Service in which either Party has a legal interest that is not publicly available. Confidential Information includes any data obtained from the Homeowner as a result of participation in the Service.

Account Specifics

To utilize the Service, you must first establish an account using our online registration form. You may also register through the Facebook marketplace or by using your Google, Facebook, or other social networking site login(s). You must submit truthful, accurate, current, and full information when creating an account. You must also guarantee that this information is always correct and up to date. You agree that our Privacy Policy governs any information you supply to register with our Service, and you consent to all activities we take with regard to your information that are consistent with our Privacy Policy.

Responsibilities and Roles

HomeEssential’s tasks and responsibilities in this Agreement are part of the reciprocal agreements that comprise this Agreement.

Maintaining and/or managing the homeowner’s appliances, HVAC, plumbing, systems, and fixtures. Additional services may be given as agreed upon in the HomeEssential-Customer agreement.

The detailed scope of HomeEssential services includes: https://customrenovationservice.com/homeessential/

HomeEssential is not responsible for damage caused by the malfunction of homeowner appliances or systems.

HomeEssential shall be responsible for determining and completing a reasonable repair plan for any harm caused by HomeEssential’s error or negligence in the provision of services.

HomeEssential may, at the request of the Homeowner, propose suppliers of services outside of its core services. HomeEssential will not be held accountable for the services provided by these third-party vendors.

All communication with the Homeowner is essential to assist the delivery of all services, including phone calls, emails, and text messages.

Homeowner’s tasks and obligations in this Agreement are part of the mutual consideration that formed this Agreement.

Permitting HomeEssential and its representatives to enter and get access to the Homeowner’s property at a mutually agreed-upon time to execute maintenance services.

Payment of costs associated with the service. These are some examples:

• A monthly membership fee, as detailed on the payment permission form signed by the homeowner.
• Any copayments for HomeEssential services agreed upon with the homeowner.
• HomeEssential provides all components and materials.
• HomeEssential may incur expenses from third-party contractors.

Payment Options

Allowing HomeEssential to charge your Card or another payment method via a third-party payment processor (such as PayPal, Stripe, Square, or others). When adding a Card or other payment method, you must give correct, up-to-date, and full information, and it is your obligation to keep this information up to date. If your Card or other payment method expires or becomes invalid, you must contact us and replace it with a valid Card or other payment method. You represent and warrant that you have the authority to use any Card or other form of payment that you submit to us.

This Agreement will go into effect on the Subscription Start Date and will continue until canceled. This Agreement shall expire on the earlier of

(a) the execution of a formal agreement for the HomeEssential home maintenance platform, or

(b) termination by either party effective the month after written notice to the other.

Unless either party agrees to withdraw from the agreement, the Parties agree that this Agreement shall renew monthly (“Monthly Renewal Period”).

Rights to Intellectual Property

The Service and all of its contents, features, and functionality (including all listings, information, software, text, displays, images, video, interactive and visual features, and audio, as well as their design, selection, and arrangement) (“Company Materials”) are owned by the Company, its licensors, its business customers, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property rights. You do not own the Company Materials.

These Terms allow you to use the Service for personal, non-commercial purposes only.

You may not sell, license, reproduce, distribute, duplicate, edit, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Company Material, save as follows:

• Because you are accessing and viewing such things, your computer may temporarily store copies of such contents in RAM.
• You can save files that your Web browser automatically caches for display improvement.
• If we make desktop, mobile, or other programs available for download, you may save a single copy to your computer or mobile device for personal, non-commercial use only.
• If we include social media features with particular material, you may perform the activities that those features permit.

You may not:

• Modify copies of any Company Materials obtained through the Service.
• Use pictures, photographs, video or audio sequences, or graphics in addition to or instead of the accompanying text.

Trademarks

Trademarks of Company may be included within the Service. All trademarks, logos and service marks found on the Service are the property of Company or other third parties. You are not permitted to use such marks without the prior written consent of Company or the third party that owns the respective mark.

Company bears no responsibility or liability for, and disclaims sponsorship of or affiliation with, any third party marks uploaded to or displayed through the Service. Company is generally unable to evaluate the merits of disputes regarding third party marks and encourages users to resolve any such disputes directly.

Confidential Information Protection

HomeEssential must not utilize any Confidential Information other as necessary to support continuing service delivery and HomeEssential operations linked to service provision. HomeEssential will not reveal any Confidential Information to third parties unless such third parties are HomeEssential partners on HomeEssential activities. Third parties are expressly prohibited from monetising Confidential Information or sending unsolicited messages to Confidential Information owners. To avoid disclosure of the secret Information, HomeEssential shall take reasonable security procedures, at least as substantial as the precautions it takes to preserve its own secret information.

In payment for the reciprocal covenants included in this Agreement, including these particular covenants by HomeEssential, Homeowner’s transfer to HomeEssential of a joint ownership interest in Homeowner’s legal right to Service-Related Information gathered from Homeowner’s Premises. HomeEssential will regard the service-related information provided by the homeowner as confidential.

Homeowner may offer feedback to HomeEssential on the Service, as applicable, throughout the Participation Period and as reasonably asked by HomeEssential from time to time, including, without limitation, the identification of improvements (“Feedback”). HomeEssential will have the right to utilize any and all Feedback relating to the Service, including the right to develop or enhance its goods and services. The homeowner hereby assigns and agrees to assign to HomeEssential all rights, title, and interest in and to any Feedback supplied to HomeEssential.

If the foregoing assignment is rendered ineffective for any reason, Homeowner hereby grants and agrees to grant HomeEssential a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without limitation.

Assignment

This Agreement may not be assigned or transferred in whole or in part by either party without the express written consent of the other party, which consent shall not be withheld unreasonably, except that HomeEssential may assign this Agreement as part of a corporate reorganization, consolidation, merger, sale of substantially all of its assets, or similar transaction.

Severability

If any section of this Agreement is found to be unlawful, invalid, or unenforceable, that piece will be severed, and a new enforceable provision will be substituted to achieve the aim of the severed provision as nearly as possible. The remainder of this Agreement shall continue in full force and effect.

Changes to these Terms and the Service

Company may amend these Terms. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes. However, any Dispute Resolution and Arbitration may not apply if you notify us in accordance with that section.

We reserve the right to withdraw, amend or discontinue any part of our Service in our sole discretion without notice. The Service may be out of date and Company makes no commitment to update materials on the Service.

Notifications

All notifications and requests under this Agreement must be in writing, and any modifications to this Agreement must be in writing and accepted by both Parties to be effective, unless as expressly stated elsewhere in this Agreement. All written notices shall be assumed to have been delivered to the other Party if sent by certified mail.

Liability Restriction

HOMEESSENTIAL’S TOTAL AGGREGATE LIABILITY IS LIMITED TO THE WORK DONE BY HOMEESSENTIAL AND ANY DAMAGES THAT MAY RESULT DIRECTLY FROM IT. HOMEESSENTIAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF IT KNEW OR SHOULD HAVE KNEW OF THE POSSIBILITY OF SUCH DAMAGES. HOMEESSENTIAL WILL NOT BE LIABLE FOR CONTRACTORS’ SERVICES PERFORMED OUTSIDE OF ITS CORE SERVICES.

Contacting Us

If you have any questions or concerns relating to the Service or these Terms, you may contact us at:

27 Charles St. New Britain,

CT 06051

or

mobile phone: 860-518-5544

e-mail: customrenovationservicellc@gmail.com