Terms of Service
This Home Maintenance Services Agreement (“Agreement”) sets forth the terms and conditions under which Good Helpers Handymen LLC. (“Good Helpers”) will provide home maintenance / handyman services to you (hereinafter “Homeowner,” “you” or “your”) at your home (the “Property”). You cannot receive, and Good Helpers will not provide, the Services unless and until you have carefully read and agreed to this Agreement by clicking “I Accept”. If you disagree with the terms and conditions of this Agreement, you cannot receive the Services. By clicking “I Accept” you (i) certify that you are the homeowner and /or are authorized to hire professional service companies for maintenance for the Property; (ii) accept this Agreement; (iii) agree to be bound by these terms and conditions; and (iv) have entered into a binding agreement between you and Good Helpers. Good Helpers and Homeowner each hereinafter sometime referred to individually as a “Party” and collectively as the “Parties”.
Good Helpers and Homeowner agree as follows:
TERM
This Agreement shall commence upon the Effective Date and shall continue for a period of one (1) month thereafter (the “Initial Term”), unless earlier terminated in accordance with the terms hereof. This Agreement will automatically renew for additional one (1) month terms (each a “Renewal Term”) unless one Party provides the other Party with written notice of its intent not to renew this Agreement at least thirty (30) days prior the renewal date hereof. The Initial Term and any Renewal Terms will collectively be referred to as the “Term”.
SCOPE
Upon payment of the Annual Fee (as defined below), Good Helpers shall provide Homeowner with the following handyman / maintenance services: (a) one (1) visit annually to conduct a Check Up Inspection, the “Home Physical”, (see Exhibit A for current items being inspected in the annual “Home Physical”); (b) four (4) visits, each visit up to one and a half (1.5) hours, annually to provide Maintenance Services and standard maintenance materials (see Exhibit B for current items performed for maintenance and standard maintenance materials included); (c) up to two (2) hours of Good Helpers standard level 1 Handyman Services (labor only) (see Exhibit C for examples of standard level 1 Good Helpers Handyman services); (d) access to Good Helpers data and records related to the Property; and, (e) the ability to use Good Helpers as a point of contact to coordinate other services to the Property, which Good Helpers does not provide (“Services”). Examples of what constitutes “Maintenance Services” and “Handyman Services” can be found in Exhibits B and C, and at Good Helpers website – https://www.goodhelperstn.com/
FEES
The annual fee for the Service, per property, is dependent on the square footage of the property.
Tier 1: Below 3,000 square feet is $1,900.00 if paid in one lump sum or $2,100.00 if paid in monthly installments of $175.00/month (“Annual Fee”).
Tier 2: 3,000 to 4,999 square feet is $2,700.00 if paid in one lump sum or $3,000.00 if paid in monthly installments of $250.00/month (“Annual Fee”).
Tier 3: 5,000 to 8,000 square feet is $3,780 if paid in one lump sum or $4,200 if paid in monthly installments of $350/month (“Annual Fee”).
Tier 4: Greater than 8,000 square feet is $4,860.00 if paid in one lump sum or $5,400.00 if paid in monthly installments of $450/month (“Annual Fee”).
The Annual Fee includes sales tax. The Annual Fee is for labor for the annual check up inspection “Home Physical”, labor and standard maintenance materials for the quarterly maintenance visits per Exhibit B, labor only for the 2 hours of Good Helpers standard level 1 Handyman time per Exhibit C and does not include the cost of any necessary parts or materials to complete repairs which will be charged separately, and access to call on Good Helpers for additional projects, repairs, and project management of Good Helpers extensive network of additional service providers. Estimated costs for parts and materials for items outside of what is included with the Annual Fees will be set forth in a work order and agreed to in advance by the Parties.
If any additional, incremental work or Good Helpers standard level 1 Handyman Services are identified by the Parties or requested by you during the Term of this Agreement that are beyond the scope and pricing included within this Agreement, then such work will be billed on a time and materials basis at the hourly rate of $75.00/hour for labor plus the cost of any necessary parts or materials plus a markup of 10%.
Emergency services hourly rate of $125/hour (during business hours m-f 8am-5pm) $150/hour (after business hours).
Estimated fees for any such incremental Handyman Services will be set forth in a work order and agreed to in advance by the Parties. If any additional work outside of Good Helpers standard level 1 Handyman Services are identified or requested Estimated fees will be created and agreed to at Good Helpers skilled technician rates per services needed.
If Homeowner chooses to use Good Helpers as a point of contact to coordinate other services to the Property, which Good Helpers does not provide (“Services”), Good Helpers charges up to 10% as a project management fee in addition to the service providers invoice for the services provided.
INVOICING AND PAYMENT
The Annual Fee will be invoiced to you when you sign up. If you choose to pay annually, the Annual Fee will be invoiced to you for the Initial Term at the time you sign up for the Services. Thereafter, you agree that the Annual Fee for any Renewal Term will be invoiced to you on the anniversary date of this Agreement, until such time as this Agreement is terminated.
If you have chosen a monthly installment plan, the first month’s installment will be invoiced to you at the time you sign up for the Services. Thereafter, you will be sent invoices on a monthly basis until such time as this Agreement is terminated.
Fees for any agreed to incremental Handyman Services will be invoiced to you prior to any such services beginning.
Payment of all invoices is due upon your receipt of the invoice.
Good Helpers will not begin work until payment has been made as set forth above.
EXCLUSIONS
Good Helpers is not liable for failure to provide timely maintenance service due to conditions beyond its control, including but not limited to, delays in obtaining parts, equipment, or labor difficulties. Good Helpers shall not be held liable for any failure to perform the Services, to the extent that the failure is caused by Homeowner’s lack of cooperation. This Agreement does not constitute a warranty or representation with regard to the Property or the inspection of the Property but is a preventive maintenance contract designed to provide early treatment of conditions that might lead to further damage to the Property. This Agreement is not intended to identify or prevent all conditions from occurring, which may require maintenance, repair or replacement. Good Helpers shall not be liable for issues which were not identified by Good Helpers in its visual inspection of the Property. Good Helpers cannot and does not guarantee against future damages or failures after the home inspection. Good Helpers is not liable for any damages caused by misuse or abuse, fire, freezing, electrical, power surges, and/or water failure, water damage, lightning, mud, earthquake, soil movements, storms, accidents, pest damage, ordinary wear and tear or acts of God. Good Helpers shall not be liable for any damages to the Property arising from the acts or omission of third parties, including, without limitation, Homeowner and other residents of the Property, their agents, contractors and invitees, and/or other contractors/technicians during site visits and performed work. HOMEOWNER AGREES TO HOLD Good Helpers HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, EXPENSES, CLAIMS AND LIABILITIES ARISING FROM ANY OF THE FOREGOING EXCLUSIONS.
HOMEOWNER’S RESPONSIBILITIES
Homeowner will be the primary contact, point of authorization and responsible for facilitating all communications with Good Helpers, approving Good Helpers work items, and scheduling meetings. The timeliness of communications and review will directly affect Good Helper’s ability to meet agreed upon schedule deadlines. Homeowner represents and warrants that each owner of the Property has executed this Agreement.
Homeowner is responsible for the condition of the Property the existing materials contained therein. The determination of the presence of any hazardous material (as defined by the EPA) or pollutants (as defined by Good Helpers general liability insurance policy, e.g. without limitation, asbestos, molds, acids, etc., excluding lead in pre 1978 houses) is solely the responsibility of the Homeowner. Good Helpers has not made and is not required to make any determination of whether the premises contains or is free of hazardous material or pollutants. The Homeowner warrants and represents that there are no hazardous materials or pollutants present in the area to be disturbed by the Services contemplated under this Agreement.
Should hazardous material or pollutants, excluding lead in pre-1978 houses, be discovered at any time, it will be the Homeowner’s responsibility to:
provide any and all testing;
have material properly removed and disposed of;
pay Good Helpers for any and all work completed up to the time of discovery; and
indemnify and hold harmless Good Helpers and any subcontractors or vendors of Good Helpers for any injuries or damages incurred as a result of any such hazardous material or pollutants, including, without limitation, any liability relating to clean up expense, personal injury, or property loss.
ADDITIONAL TERMS
Subcontractors. Good Helpers shall have the right to use third parties in performance of its obligations and the Services hereunder.
Good Helpers warrants that it has the right to enter into this Agreement and that all Services performed under this Agreement shall be performed in a workmanlike manner. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND GOOD HELPERS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIABILITY CAP & DISCLAIMER OF DAMAGES. GOOD HELPERS (AND ITS AFFILIATES, CONTRACTORS, SUBCONTRACTORS AND AGENTS) LIABILITY ARISING OUT OR RELATED TO THE AGREEMENT WILL NOT EXCEED, IN THE AGGREGATE, THE FEES ACTUALLY PAID TO GOOD HELPERS FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF SUCH CLAIM.
IN NO EVENT WILL GOOD HELPERS (OR ITS AFFILIATES, CONTRACTORS, SUBCONTRACTORS OR AGENTS) BE LIABLE TO HOMEOWNER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY LOSS OF REVENUE, GOODWILL, OR PROFITS, ARISING OUT OR RELATED TO AGREEMENT.
THE LIABILITIES LIMITED BY THIS SECTION 7.C. ABOVE, APPLY: (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE; (C) EVEN IF GOOD HELPERS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; (D) ATTORNEYS FEES AND COSTS, AND (E) EVEN IF HOMEOWNER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THIS SECTION 7.C., GOOD HELPERS (AND ITS AFFILIATES, CONTRACTORS, SUBCONTRACTORS AND AGENTS) LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.
Dispute Resolution. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Murfreesboro, TN. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
Notwithstanding anything contained hereunder, Homeowner agrees and acknowledges that no dispute resolution or litigation shall be pursued by Homeowner for any breach of this Agreement until and unless Good Helpers has had an opportunity to cure any alleged breach. Homeowner agrees to provide Good Helpers with a detailed description of any alleged failure and a description of the steps that Homeowner understands must be taken by Good Helpers to resolve the failure. Good Helpers shall have thirty (30) days from Good Helpers receipt of Homeowner’s notice to complete the cure.
Choice of Law. This Agreement shall be governed and interpreted by the laws of the State of Tennessee without regard to the conflicts of law provisions of any state or jurisdiction. The state or federal courts sitting in Rutherford County, Tennessee shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and you hereby consent to the jurisdiction of such courts.
Entire Agreement. The provisions of this Agreement constitute the entire agreement between the Parties with respect to the subject matter herein and supersede all prior agreements, oral or written, and all other communications relating to the subject matter of the Agreement. The Agreement may only be modified or supplemented by a writing manually signed by the authorized representatives of the Parties.
Each provision of this Agreement is a separately enforceable provision. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Agreement will remain in full force and effect and will be interpreted, to the extent possible, to achieve its purposes without the invalid, illegal or unenforceable provision. Any waiver made by either Party of any term or condition of this Agreement shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof. Each Party is and will remain an independent contractor with respect to all performance rendered pursuant to the Agreement. The headings of this Agreement are provided for reference only and will not be used as a guide to interpretation. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. All notices under the Agreement will be in writing and will be considered given as of twenty-four (24) hours after sending by electronic means (such as fax or e-mail as duly provided by the authorized representatives of either Party for the said purpose) or by overnight air courier service, or as of forty-eight (48) hours after deposit in the U.S. Mail (certified, return receipt requested) to the addresses mentioned hereinabove. HomePoint shall not be liable to you for any delay or failure of HomePoint to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of HomePoint. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. Neither party shall assign or transfer this Agreement without the prior written consent of the other. The terms of Sections 4, 5, 6, and 7 shall survive the term of this Agreement.
Exhibit A
Annual Check Up Inspection, the “Home Physical”
Disclaimer: Good Helpers annual check up inspection “Home Physical” is a walkthrough visual inspection and not to be considered in line or equivalent to a certified TREC home inspection. Good Helpers is not a licensed inspector. We do not guarantee any of our findings or assume responsibility for any current or future issues with the home or the appliances or mechanical failures. The Good Helpers annual check up inspection is similar to a maintenance manual description of what homeowners should be inspecting each year.
We will be visually examining the following in an attempt to identify anything we can to point out to the homeowner.
Roof for obvious holes, gaps, deterioration.
Landscape gradient for obvious improper slope toward the house or signs of water not draining correctly around the house.
Siding and roof for any abrasive vegetation or materials scraping.
Siding materials and windows for obvious signs of deterioration, gaps, holes, water damage.
Sinks, tubs, and showers for water leaking out of fixtures or visible plumbing, and proper drainage.
Exterior door weather stripping
Doors swinging, catching and latching
Light bulbs not turning on
Windows for any cracks, breaks, fogging
Smoke detectors for age – should not be more than 10yrs old
Wood floors for cupping or other signs of damage
Doorbell for properly working.
Tubs, showers and kitchen counters for caulking to see if any is deteriorating or worn out
AC air handlers for water in the secondary pan
Hot water heaters for any signs of water in the overflow pan or signs of rust or corrosion
Walkways and driveways for major cracks or tripping hazards
Exhibit B
Maintenance Activities Included in Good Helpers Annual Subscription
Quarterly Activities:
Garbage Disposers
Sanitize
Dishwashers
Sanitize the dishwashers*
Clean the dishwasher filter*
*Provided the dishwasher is not in use
Clothes Washing Machines
Sanitize the washing machines*
*Provided the washing machine is empty and not in use
Air Conditioner 1 inch air filters
Change
Water Softener Systems
Check salt levels and add when necessary
Light Bulbs
Replace burnt out light bulbs*
*Included if the customer has the bulbs on hand at the house and can be reached with a standard 6ft A frame ladder or light bulb changing pole. If Good Helpers needs to go procure light bulbs or it requires a larger ladder or scaffolding that will be considered project work and billed separately.
Twice Yearly Activities:
Refrigerators
Change the refrigerator water filter*
*If the refrigerator has a standard built in water filter
Under Counter Residential Ice Makers
Descale
Vacuum condenser
Clean the bin
Change the ice maker water filter*
*If the ice maker has a standard built in water filter
HVAC Mini Splits
Clean the built in air filter
Air Conditioner
Change >1 inch air filters
Treat the AC condensate line to help prevent clogging
Once a Year Activities:
Clothes Washing Machine
Clean water inlet filters
Clean front loader washing machine drain pump
Clothes Dryer
Clean the dryer exhaust line
Refrigerators
Replace built in refrigerator air/odor filters
Vacuum refrigerator condensers and grills.*
*When accessible from the front. We do not pull refrigerators out with the potential to damage floors.
Vent Hoods
Degrease filters
HVAC Condensers
Hose down cleaning major debris
Water Heaters
Tankless: Descale and flush tankless water heaters.*
*if a tankless unit is over 3 years old and has never been descaled there is a good chance the service valves are seized up and could break requiring replacement and/or due to excessive sediment build up some sediment ends up dislodging after the descaling process that reduces water pressure at some fixtures requiring
Tank: Flush tank water heaters.*
*as long as they are under 8 years old or proven regular maintenance
Drains
Treat sink, tub, and shower drain lines with drain cleaner
Sink Faucets
Clean sink aerators.*
*Standard aerators that can be removed with typical aerator keys
Garage Doors
Oil garage door rollers, bearings, and hinges.
Smoke Detectors
Change smoke detector batteries.*
*Annually change standard 9v and AA batteries. Nest smoke detectors use Lithium Ion batteries that are replaced every (2) years
Maintenance Materials Included with Annual Subscription
Clothes Washers
Sanitation solution
Dishwashers
Sanitation solution
Garbage Disposers
Sanitation solution
Refrigerators
Standard in appliance water filters*
Inline, reverse osmosis, and other filters not in the appliance are not included in the standard maintenance materials
Under Counter Residential Ice Makers
Descale solution
Standard in appliance water filters*
Inline, reverse osmosis, and other filters not in the appliance are not included in the standard maintenance materials
HVAC Systems
Up to Merv 13 filters
Drain cleaning solution
Hot Water Heaters
Descale solution
Drains
Cleaner
Smoke Detectors
9v batteries
Lithium Ion AA batteries for NEST every other year
Water Softening Systems
Salt refills
Exhibit C
These are examples of Good Helpers standard Level 1 Handyman services. It is ultimately up to Good Helpers to determine if a project and the resources needed fall into Good Helpers Level 1 to be billed at Level 1 Home Technician rates or require a more advanced level or even a specialized partner, which may be at a higher billable rate.
Good Helpers Level 1 Handyman Service Examples:
Assemble ready to assemble furniture
Hang TV’s, shelves, pictures, curtains, mirrors and other decorative items*
*Up to certain weights, not including fine and/or expensive art pieces, and into what is deemed by Good Helpers to be standard wall finishes
Minor sheet rock repairs*
*Dependent on size of patch and texture finish level
Minor touch up painting
Adjust door swings and strikes
Replace door knobs and deadbolts
Adjust cabinet doors
Fix jammed garbage disposers
Replace garbage disposers
Replace smoke detectors
Install video door bells
Replace worn out weather stripping in doors and windows
Apply touch up caulking and grout around sinks, tubs, showers and toilets
Fill driveway and sidewalk cracks and worn out expansion joints
Fix running toilets
Unclog a sink*
Clogs that can be cleared at the stopper, tail pipe, or P Trap
Unclog a toilet*
Clogs primarily in the toilet’s P Trap that can be cleared with a standard toilet auger
Replace threaded water supply lines on toilets and appliances
Minor gutter sealing to leaking areas