TERMS OF SERVICE
This Agreement is between the property owner (the “Client”), and caboodl (the “Service Provider”). The purpose of this Agreement is to set forth the mutually agreeable terms and conditions under which the Service Provider will provide subscription home maintenance services to the Client (collectively, the “Services”) at the property, or properties, of the client. These terms and conditions are effective as of the date the services are delivered, or scheduled, whichever is earlier.
The Services are provided to the Client under these terms and conditions and any other supplemental documentation referred to in this agreement (collectively, the “Agreement”).
DESCRIPTION OF SERVICES
The services provided by the Service Provider pursuant to this Agreement consist of subscription home maintenance services with respect to the Property (collectively, the “Services”).
The Service Provider will perform a maintenance inspection (“Inspection”) on the Property approximately every six months. The Service Provider is not providing a home inspection as defined by the Home Inspection Act, 2017. The specific actions performed at each Inspection will vary depending on factors, including but not limited to, time of year, condition of home and previous work performed. Below is a sample list of services that may be performed at an Inspection.
|REPLACE FURNACE FILTER
||We provide you with a new furnace filter each visit.
|TEST SMOKE DETECTORS & REPLACE BATTERIES
||Functional test of all smoke detectors.Assess adequacy of smoke detectors throughout the house (location, age, type). Track expiry of smoke detectors and notify you of upcoming expiration
|INSPECT/REPLACE WASHING MACHINE WATER SUPPLY LINES
||Replace Hot & Cold supply lines that are more than five years old (or of indeterminate age)
. Record and notify of upcoming replacement date. Clean washing machine “coin trap”
|INSPECT/REPLACE DISHWASHER WATER SUPPLY LINE
||Replace supply line that is more than five years old (or of indeterminate age). Record and notify of upcoming replacement date
||Remove and clean dishwasher filter (if applicable). Sanitize dishwasher
||Test temperature of refrigerator and freezer to ensure proper food storage. Replace water filter (if applicable)
||Clean dryer exhaust vent to remove any lint buildup. Vacuum lint trap inside the dryer
|HOT WATER TANK
||Test temperature of Hot Water Tank. Set temperature to 120F. Drain Hot Water Tank to remove sediment buildup. Test T&P valve
|PREVENTIVE DRAIN CLEANING
||Treat all drains with drain maintenance solution
||Inspect toilet for leaks (in bowl). Replace water supply lines as necessary
|FLOOD PREVENTION INSPECTION
||Inspect exterior of home for potential sources of flooding or water damage. Ensure downspouts effectively positioned to drain away from the home
|AIR CONDITIONER MAINTENANCE
||Clean debris from A/C unit. Straighten out fins. Clean off evaporator coil
At the request of the Client, the Service Provider may perform repairs outside of those included in the repairs and services outlined above (collectively, “Additional Services”). Examples of Additional Services could include replacing microwave doors, installing dishwasher fill valve and replacing gaskets on refrigerators and dishwashers.
The subscription fee (“Fee”) for the Services to the Property is $50.00 per month for HomeCare Lite, $100 per month for HomeCare, $150 per month for HomeCare + (plus applicable taxes) paid on a monthly basis. All fees are exclusive of taxes, which will be calculated and charged in addition to the fees at the time of invoicing. The Client will have the opportunity to cancel their monthly subscription to the Services at any time. The Service Provider has the right to change the Fee with 30 days notice to the Client.
The Fee includes the cost of all the parts and labour required to perform an Inspection including the provision of furnace filters, refrigerator water filters, washer water supply lines, washing machine water supply lines, toilet water supply lines (max. 3 per visit), toilet tank flappers and toilet tank fill valves. The Fee may also include a pre-set number of handyperson hours, per year, as indicated by the plan selected.
The Fee does not include the cost of parts, or the cost for any repairs and maintenance for Additional Services that are not included in the Inspection, which are requested by the Client. This includes, but is not limited to, the provision of specialty toilet fill valves, replacement smoke and carbon monoxide detectors and fire extinguishers. Some specialty parts may not be included in The Fee.
Additional Services are charged at a rate of $65.00 per hour (plus applicable taxes) unless otherwise quoted. All rates are exclusive of taxes, which will be calculated and charged in addition to the fees at the time of invoice.
Should the Service Provider not be able to complete a specific repair and requires a Supplier to complete the repair, there will be no charge for the Service Provider’s visit. The Supplier will provide a new estimate for the Client’s approval. Supplier rates may be billed through the Service Provider or by the Supplier directly.
The Client agrees to pay the Fees included in the Agreement. All Fees under this Agreement are non-refundable and due on the day they are billed. All fees are payable in Canadian dollar. Fees may be paid by credit card or bank payment, unless otherwise agreed to by the parties.
If the Client pays The Fees in advance, to cover an extended period of time, in order to take advantage of a discount offered by the Service Provider, then a refund may be issued at the time of cancellation that is calculated based on the total Fees paid in advance, less the sum of the fees normally paid in the first billing period, less the undiscounted subscription Fees that would have been incurred based on the number of months the Client has been a Client. For example: if the Client pays $500.00 in advance for 12 months of service, and cancels after six (6) months they would receive a refund of $200.00 calculated as the initial payment of $500.00 less the $150.00 fee for the first billing period (covering 3 months of Service) less $150.00 for three (3) months of the $50.00 monthly subscription Fee. Refunds will include all applicable taxes paid by the Client.
Unpaid accounts that are not the subject of a written good faith dispute are subject to interest at a rate of 1.5% per month on the outstanding balance, or the legal maximum interest rate, whichever is lower, plus all reasonable expenses of collection, in addition to any other remedies the Service Provider may have.
The Service Provider has the right to immediately suspend the Services if the billing or contract information the Client provides is false or fraudulent. Any suspension of the Services by the Service Provider under this section shall not relieve the Client of their payment obligations under this Agreement. The Service Provider is not liable to the Client or to any third party for any suspension of the Service’s resulting from client’s non-payment of fees.
If the Client is not satisified with the Services the Service Provider will refund the Fees, less the retail cost of any parts installed at the Property. Refund is applicable to the first inspection on the Property. The Client must request a refund within 20 days of the first Inspection. Payment for future invoices or failure to request a refund within the 20 day period will be seen as satisfaction in the Services. The Client shall provide the reason for their dissatisfaction with the services. This can be provided by email or phone to a representative of the Service Proivder. The Client agrees that the explanation is required in order to receive the refund and that the Service Provider is seeking such an explanation to improver the Services and not to deny the Client a refund.
The Service Provider’s collection and use of the Client’s information, and information related to the Property, is for the purposes of providing Services under this Agreement. With the exception of payment information, the Service Provider may share the Client’s information with strategic partners that work with the Service Provider to offer targeted marketing and services to the Client. The Service Provider may also provide the Client’s information to companies that facilitate the Service Provider’s business such as web hosting providers, payment processors, or Suppliers. By signing this Agreement and through the use of the Services, the Client consents to the collection and use of their information.
The Service Provider may subcontract part of the services to Suppliers from time to time. The Client consents to the Service Provider sharing the Client’s information (with the exception of billing information) with Suppliers.
ACCESS TO PROPERTY
By scheduling the Services or paying the Fees, the Client represents and warrants that they have the right to grant the Service Provider and its Suppliers access to the Property to perform the home maintenance services and that they will be present at the Property, or will have a representative who is 18 years old or older present at the Property (“Representative”), at all times while the Services, or Additional Services, are being performed. If the Client or their Representative leave the Property at any time during the provision of Services or Additional Services, by either the Service provider or its Suppliers, the Client forfeits any rights they may have to make a claim against the Service Provider, or its Suppliers, for losses or damages to the Property or appliances that may occur.
The Client is required to inform the Service Provider and its Suppliers of any appliances or equipment that are under an active warranty. The Client may be required to work with the warranty provider directly to make a warranty claim or request services or repairs. If the Client does not inform the Service Provider or its Suppliers of a warranty, the Client may forgo the ability to claim a warranty on that appliance or equipment.
ACTING AS AGENT
The Service Provider is authorized to act on the Client’s behalf for the purposes of finding, scheduling and engaging Suppliers to perform specific services when the Client has given their prior consent. The Client agrees to be liable for any fees resulting from work done by Suppliers that the Client consented to.
MODIFICATIONS TO SERVICES
The Service Provider reserves the right to modify or discontinue any or all of the Services upon 30 days notice to the Client. The Service Provider shall not be liable to the Client or any third party should the Service Provider exercise its right to modify or discontinue the Services.
The Service Provider will make reasonable efforts to ensure Suppliers hold the necessary qualification, certification, license, schooling, training, or insurance required to provide the Services.
DISCLAIMER OF WARRANTIES
The Service Provider disclaims any warranties of any kind, whether express or implied. The Service Provider makes no warranty as to the results that may be obtained from use of the Services, including no warranty that Client’s use of the Services will result in the extended use of their home appliances and products, the prevention of fire, flooding and damage or the reduction of utility costs.
LIMITATION OF LIABILITY
In no event shall the Service Provider or its Suppliers be liable for any indirect, incidental, special or consequential damages, resulting from the use of the Services or for cost of procurement of substitute services, including but not limited to, damages for loss of profits or other intangible. The Service Provider shall not be liable for any delay or failure to perform the Services resulting directly or indirectly from any causes beyond the Service Provider’s reasonable control.
The Client agrees to indemnify and hold the Service Provider, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Client’s use of the Services, or the violation of this Agreement by Client.
TERM AND TERMINATION
This Agreement shall commence on the date it is entered into by the Client, as indicated by scheduling or paying for the Services, and shall continue in force and effect for a period of twelve (12) months, and thereafter this Agreement shall renew on a monthly basis. At any time, either party may terminate this Agreement upon prior notice for any reason. The Service Provider shall not be liable to the Client or any third party for termination of this Agreement or the Services. Upon termination of the Services or this Agreement, the Client’s right to use the Services immediately ceases. Client shall have no right and The Service Provider shall have no obligation after termination to refund any amount to the Client.
This Agreement is governed by the laws of the Province of Ontario. Both parties submit to the jurisdiction of Ontario courts and further agree that any cause of action relating to this Agreement shall be brought in a Toronto court. No cause of action arising hereunder may be brought more than two years after it first accrues.
FAILURE OF PERFORMANCE
Except for the Client’s obligation to pay Fees for the Services, neither party will be responsible for failure of performance due to causes beyond its control. Such causes include, without limitation, accidents, acts of God, labour disputes, actions of any government agency and acts of terrorism.
This Agreement may be executed and delivered electronically or by facsimile and the parties agree that such electronic of facsimile execution and delivery will have the same force and effect as delivery of an original document with original signatures, and that each party may use such electronic or facsimile as evidence of the execution and delivery of this Agreement by all parties to the same extent that an original signature could be used.
This Agreement constitutes the entire agreement between the Client and the Service Provider regarding the Services. Failure by the Service Provider to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect. This Agreement shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.