Housequarters Services Terms and Contract Parameters
Last revised date: April 18, 2020
Upon successfully purchasing a service from Housequarters LLC and creating an invoice with invoice number through our online purchase system, you are entering into your agreement between you, as the property owner/manager (“Customer”) and Housequarters LLC (“Contractor”) as of the date time stamped on your invoice from the purchase related to this service (“Date of Purchase”).
Daniel Vannoni - Managing Member
121 Loring Road
Winthrop, MA 02152
Fed EIN: 84-3954533
Home Improvement Contractor License: #197698 - Expiration Date: 01/15/2022
Construction Supervisor License: #CS-110463 - Expiration Date: 01/05/2022
Lead-Safe Renovation Contractor License: #LR003551 - Expiration Date: 07/07/2022
Brokerage License: #423407 - Expiration Date: 02/20/2022
- Scope of Services. Contractor shall perform these services for Customer, based on the frequency selected at the time of purchase. For subscription services, the service will be performed automatically and without need for any request. For Home Improvement projects, the job will be performed based on any specifications shown on your invoice. Contractor will perform and supply all supervision, equipment, materials and labor that are necessary to complete the work at the property. If an additional sheet/exhibit is required it will be noted on the invoice, and will be found on the work order page within your profile. Clicking on the link to the job on the invoice page will take you to the work order page, and the appended sheet for this contract will be titled "Work Order Detail". This exhibit will be considered an exhibit to this Agreement.
- Subscription Service Terms. For monthly, subscription maintenance services, the term of this Agreement starts on the Date of Purchase and, unless sooner terminated within 12 months from date of purchase, or earlier if specified at the time of purchase. Customer shall have the right, in its sole discretion, to terminate this Agreement on ten (10) days’ prior written notice to Contractor, and Contractor shall be paid for its Services and outstanding balances in full to the effective date of termination. If the Property is sold or conveyed to a new Customer, Customer may either assign this Agreement or terminate it without any penalty, fee, additional cost or payment. Any outstanding balance as of the date of property transfer will be paid at that date.
- Membership Terms. For the Membership, the term of this Agreement starts on the Date of Purchase and ends on the same day, 12 months in the future, and consists of 12 equal payments. Customer shall have the right, in its sole discretion, to terminate this Agreement on ten (10) days’ prior written notice to Contractor, and is required to pay a termination fee of the remaining number of payments for the 12 month membership period. The membership fees are non-refundable. If a total purchases of greater than $7,500 are made during the membership period, the membership fees from that membership period will be refunded. NOTE: Insurance premiums and insurance purchases DO NOT count toward that minium purchase. Brokering fees only count and commissions and fees directly paid to Contractor.
- Snow Service Provisions. Clearing services are triggered to be performed when at least a minimum of 2 inches of snow falls. Services will be completed within 12 hours of the completion of the storm, as long as there is no ban on travel to your property. Ice-melt only services will be done if a slippery surface has been created by the weather and does not look as if it will be melting within 2 hours of formation, and will be charged a rate of 65% of the base rate. If the crew arrives to find the property already cleared, a Visit Charge of 50% of your base rate will be charged to your account. If there is a desire to terminate a season-long snow contract early, the Customer will be required to pay a termination fee of 2 times the base rate, times the number of months remaining on the season long contract. Season snow contracts run from October 15 to April 15 of the proceeding year.
- Home Improvement Service Terms. For one-time home improvement project work, the term of this Agreement starts on the Date of Purchase and, unless sooner, terminate upon successful completion of the stated scope of work. Customer shall have the right, in its sole discretion, to terminate this Agreement related to Home Improvement Projects within three (3) business days from the date of the invoice in writing or via email to firstname.lastname@example.org. Contractor shall be paid for its Services and outstanding balances in full to the effective date of termination. When a Scope of Work contains a Budget Allowance, this amount is built into the price to cover the costs of materials specified for that particular use. In the situation the cost is more than 2% of that allowance, the Customer will be responsible for paying the difference. In the situation the cost is less than 2% of that allowance, the Customer will be refunded the difference.
- Property Access:
Client and owner of property being accessed to hereby hold harmless the Contractor and its partners, contractors and affiliates, and its members, officers, agents, and employees from any liability or dispute that may arise between the aforementioned parties in connection with the performance of the stated work and accessing the property, grounds, or neighboring properties.
- Home Improvement Service Change Orders. Customer acknowledges if a change-order occurs in the scope of the work for this Service, this will be documented as Work Change Order on the work order page of your profile with the specific changes to scope of work, fee schedules and milestones. Customer will be asked to accept such work order changes via the online system in order for them to become an amendment to this agreement.
- Permits. All permits required by law will be obtained and fulfilled by Contractor or their subcontractors or agents. Contractor will be the agent for Customer. NOTE: Customer who secures their own permits will be excluded from the Guaranty Fund provisions of MGL chapter 142A
- Payment. Contractor shall submit a work confirmation upon completion or at designated milestones via the Customer’s Housequarters Profile for the percentage amounts properly due under this Agreement as noted on your invoice. Subject to the conditions for payment and limitations on liability set forth herein, Customer shall pay Contractor, but only from funds of Customer held by Customer, within five (5) days after Customer’s receipt of work completion or milestone completion. Customer authorizes Contractor to automatically withdraw/request funds from via its automated payment system from the account authorized at time of purchase. Invoices shall include a detailed, itemized statement of all charges for which payment is sought, specifying for each date Services and any specific information required for determining price or completion.
- Performance. Contractor shall perform all Services diligently and in a good, professional and first class manner, using good quality materials, equipment and workmanship and sufficient trained personnel (including supervisors when appropriate) to complete the Services in a safe and timely manner which does not unduly interfere with the operation of the Property, the businesses therein and their suppliers. Contractor shall obtain and maintain, at its expense and at all times during the term of this Agreement, all necessary licenses, permits, training or other authorizations which may be necessary to perform the Services. The Contractor shall take all reasonable safety precautions pertaining to its Work and the conduct thereof. Without limiting the generality of the foregoing, Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders issued by any public or governmental body or authority, whether federal or otherwise, including, but not limited to, occupational safety and health legislation. To comply with all laws, ordinances and regulations bearing on the Work and the conduct hereof. The Contractor agrees to be bound by, and at its own cost, comply with all federal, state and local laws, ordinances and regulations (“laws”) applicable to this Agreement including but not limited to equal employment opportunity, OSHA, minority or other business enterprise, hazardous substance, safety and all other laws which may be applicable.
- Independent Contractor. Contractor shall be an independent contractor, and all persons working under the direction of Contractor shall be employees or independent contractors of Contractor and not of Customer. Contractor, and not Customer, shall be liable for the payment of their wages, benefits and all taxes with respect thereto, and Contractor shall comply with all applicable federal, state and local laws, regulations, codes, rules and ordinances with respect to (a) the hiring, employment, compensation, health and safety of employees and (b) the environment. Contractor agrees that neither Customer shall be liable for any loss of or damage to Contractor’s materials or equipment located on the Property. The Contractor agrees to be solely responsible for completion of the work described regardless of the actions of any third party/subcontractor utilized by the contractor.
- Insurance. Throughout the term of this Agreement, Contractor shall maintain insurance in accordance with the requirements set forth separately on Exhibit A. Contractor shall deliver to Customer a certificate of insurance evidencing that all such coverage is in full force and effect before starting to perform Services upon request, and if Contractor’s insurance shall expire or terminate before the Termination Date, Contractor shall deliver a new certificate of insurance evidencing the new policies of insurance not less than ten (10) days before the new policies go into effect, if requested by Customer.
- Express Warranty. Contractor offers an express warranty on workmanship of 12 months from the date of completion of work, unless otherwise noted in an exhibit to this agreement. Customer is required to perform any required maintenance of upkeep related to such work, and warranty will be null in void if such required maintenance is not performed. All warranties related to installed products will be on the terms of the manufacturer or supplier.
- Indemnification. Contractor assumes the entire responsibility and liability for, and agrees to pay, indemnify, defend and hold harmless Customer, and their respective principals, Customers, affiliates, stockholders, directors, partners, members, officers, managers, employees, trustees and beneficiaries (collectively, the “Indemnified Parties”) from and against any loss, expense, liability, damage or cost (including, without limitation, judgments, attorneys’ fees and costs, court costs and the cost of appellate proceedings) which any of the Indemnified Parties incur because of injury to or death of any person or on account of damage to property (including, but not limited to, damage to buildings, curbs, parking blocks, islands, sidewalks, light poles, signs, landscaping, paving or striping of the Property or equipment used in connection therewith), including the loss of use thereof, or any other claim arising out of, in connection with or as a consequence of the performance of, or the failure to perform, the Services by Contractor, its Customers, employees, subcontractors or any one for whose acts Contractor may be liable with respect to the Services. Contractor, for itself and its Customers, employees and subcontractors, and any party claiming through any of them, also waives all right of recovery, claim, action or cause of action against the Indemnified Parties for any matters described in the preceding sentence. This indemnity shall not be limited by any limitation on amount or type of damages, compensation or benefits payable by contract or by any federal or state law.
- Default and Remedies. If Contractor fails to perform the Services as required by this Agreement or otherwise defaults under this Agreement, Customer, on behalf of Customer, may, in its sole discretion and in addition to any other rights at law or in equity, (1) send notice of the default to Contractor and demand strict performance of the terms of this Agreement; (2) cancel this Agreement by notice to Contractor; or (3) cure the default, without notice to Contractor, and deduct the cost to cure and any direct and consequential damages from any payment due to Contractor at the time of default or coming due thereafter; provided, if no further payments are due to Contractor, then Contractor shall, immediately on presentation of Customer’s invoice, reimburse Customer for the cost of curing Contractor’s default and such direct or consequential damages.
- Notices. Any notice by Contractor to Customer or Customer shall be sent or delivered in writing to Customer via email, and any notice by Customer to Contractor shall be sent or delivered in writing to Contractor via email to email@example.com.
- Time is of the Essence. All time limits in this Agreement and any exhibits hereto are of the essence of this Agreement.
- Miscellaneous. No failure of Customer to enforce the terms of this Agreement shall constitute a waiver by Customer or Contractor of any contractual right under this Agreement. This Agreement may be changed from time to time, and the date at the top of the agreement indicates the date of last modification. The Contractor will make the Customer aware of any changes to our terms of service via email within ten (10) days of change. The rights and duties arising under this Agreement shall be governed by the law of the state in which the Property is located. Any action against Contractor shall be brought in the state courts of the jurisdiction where the Property is located, but any action against Customer shall be brought in the Commonwealth of Massachusetts. If any action is brought to enforce this Agreement, the prevailing party may recover from the other party its reasonable attorneys’ fees and costs in connection with such action.
- Home Improvement Contractor Arbitration Provision. The contractor and the homeowner hereby mutually agree in advance that in the event the contractor has a dispute concerning this contract, the contractor may submit the dispute to a private arbitration firm which has been approved by the Secretary of the Executive Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided In Massachusetts General Laws, chapter 142A. Click Here to see the specific rights afforded by MGL 142A
- Contract Acceptance. Upon signing, this document becomes a binding contract under law. Unless otherwise noted within this document, the contract shall not imply that any lien or other security interest has been placed on the residence.
- Contract Terms Changes. Our Terms of Service for these contracts change from time to time. The applicable terms will be the most recent terms shown here. Customer will be notified if any changes of the Terms of Service are made prior to it going into effect.
EXHIBIT A INSURANCE REQUIREMENTS
During the term of this Agreement, Contractor shall comply with the insurance provisions set forth below. The insurance specified below shall be maintained by Contractor, at its expense, and certificates thereof shall be presented to Customer in form and content satisfactory to Customer upon request. The insurance is as follows:
- Workers’ Compensation in accordance with the laws of the state in which the Property is located;
- Commercial General liability/Professional Liability in an amount not less than $1,000,000.00;
- Comprehensive Automobile Liability, comprehensive form covering owned, hired and non-owned vehicles with limits of at least $300,000.00 combined single limit each occurrence.
Customer shall have no liability or other obligation for any of the insurance, endorsements or other protection required hereunder, including premiums and other charges. The insurance provisions specified herein shall be applicable to any contractors retained by Contractor, and Contractor shall require that such insurance be maintained by all its contractors. All insurance maintained by Contractor shall provide for a waiver of any right of subrogation of the insurers against Customer.