Last Updated: July 12, 2024
Welcome to United Homesmiths. These Terms of Service ("Terms") govern your access to and use of the United Homesmiths website, mobile application, and services (collectively, the "Service") operated by United Homesmiths, Inc. ("United Homesmiths," "we," "us," or "our"), a company registered in California. The Service is offered to users located in the United States only. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access or use the Service.
"United Homesmiths," "we," "us," or "our" refers to United Homesmiths, Inc., its subsidiaries, affiliates, and assigns.
"User," "you," or "your" refers to any individual or entity using the Service.
"Contractor" refers to any independent service provider available through the Service.
"Project" refers to any home service job booked through the Service.
United Homesmiths is a platform that facilitates connections between Users and independent Contractors for various home services. We do not provide these services directly but offer a marketplace for Users to find and engage Contractors. The Service includes, but is not limited to, browsing available services, receiving Instant Estimates, booking appointments, and facilitating payment for services.
4.1. To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
4.3. 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.
5.1. United Homesmiths provides Instant Estimates for Projects based on the information provided by Users. While we strive to ensure the accuracy of these estimates, they are not guaranteed and are subject to change.
5.2. The final price for a Project may differ from the Instant Estimate due to various factors, including but not limited to:
a) Changes in the scope of work
b) Unforeseen circumstances or complications discovered during the Project
c) Additional materials or labor required
d) Inaccurate or incomplete information provided by the User
5.3. Users acknowledge that the Instant Estimate is provided for informational purposes only and does not constitute a binding offer or contract.
5.4. The final price for a Project will be determined by the Contractor and agreed upon by the User before work commences.
6.1. Users may book appointments for Projects through the Service. By booking an appointment, you agree to be available at the specified time and location.
6.2. Cancellation Policy:
a) Users may cancel a booking free of charge up to 24 hours before the scheduled appointment time.
b) Cancellations made less than 24 hours before the scheduled appointment time may incur a cancellation fee of up to 50% of the estimated Project cost.
c) No-shows or cancellations after a Contractor has arrived at the Project location may result in a charge of up to 100% of the estimated Project cost.
6.3. United Homesmiths reserves the right to cancel or reschedule appointments due to Contractor availability, weather conditions, or other unforeseen circumstances. We will make every effort to notify Users promptly of any such changes.
7.1. Contractors available through the Service are independent professionals and not employees, partners, or agents of United Homesmiths.
7.2. United Homesmiths does not supervise, direct, or control a Contractor's work or the manner and means by which a Contractor performs services.
7.3. While we strive to work with qualified professionals, United Homesmiths does not guarantee the quality, safety, or legality of Contractor services.
7.4. Any agreement for services is solely between the User and the Contractor. United Homesmiths is not a party to such agreements and disclaims all liability arising from or related to such agreements.
8.1. The prices displayed on the Service for Projects cover labor costs only, unless explicitly stated otherwise.
8.2. Parts, materials, and products required to complete a Project are not included in the displayed price and will be charged separately. These additional costs will be communicated to the User before work commences.
8.3. Users agree to pay for all services booked through the Service at the rates and prices provided, including any additional costs for parts and materials.
8.4. Payments are processed through our third-party payment processors. By using the Service, you agree to comply with the terms and conditions of these payment processors.
8.5. Refund requests for unsatisfactory service must be submitted within 48 hours of Project completion. Such requests will be reviewed on a case-by-case basis in conjunction with the Contractor.
8.6. United Homesmiths reserves the right to offer refunds, credits, or other considerations at its sole discretion. Any such offer does not constitute an admission of wrongdoing or liability.
9.1. Each Project booked through the Service will generate an order form containing Project-specific details and terms.
9.2. The order form, including any Project-specific terms, is incorporated into and forms part of these Terms of Service.
9.3. In the event of any conflict between these Terms of Service and the Project-specific terms on the order form, the Project-specific terms shall prevail for that particular Project.
9.4. Users are responsible for reviewing and understanding all terms on the order form before confirming a booking.
10.1. United Homesmiths' Service is available only within the United States.
10.2. Availability of specific services may vary by location. Users can view available services in their area by entering their zip code on the Service.
10.3. United Homesmiths reserves the right to refuse service in any area at its discretion.
11.1. The Service and its original content, features, and functionality are and will remain the exclusive property of United Homesmiths and its licensors.
11.2. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of United Homesmiths.
12.1. Users may be able to post, upload, publish, submit, or transmit content through the Service ("User Content").
12.2. By making any User Content available through the Service, you grant to United Homesmiths a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Service.
12.3. You are solely responsible for all User Content that you make available through the Service.
12.4. United Homesmiths reserves the right to remove any User Content from the Service at any time, for any reason, without notice.
13.1. United Homesmiths provides the Service on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service, except as otherwise specified in this section.
13.2. To the full extent permissible by applicable law, United Homesmiths disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, except as otherwise specified in this section.
13.3. United Homesmiths offers a 12-month labor warranty on services provided. This warranty covers labor only and does not include materials or equipment. For full details of what is covered under this warranty, please visit https://www.unitedhomesmiths.com/warranty.
13.4. United Homesmiths provides the "Homesmiths Guarantee," which ensures that we will complete the work satisfactorily or work to make it right. Both the 12-month labor warranty and the Homesmiths Guarantee are provided by United Homesmiths, not the individual contractors.
14.1. United Homesmiths shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Service.
14.2. In no event shall United Homesmiths' total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Service over the 12 months prior to bringing the claim.
You agree to indemnify, defend, and hold harmless United Homesmiths, its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Service has caused damage to a third party.
16.1. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
16.2. The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.
16.3. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
United Homesmiths shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms shall be governed and construed in accordance with the laws of California, 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.
19.1. United Homesmiths may conduct background checks on Contractors who use our platform. However, we do not guarantee the results of these checks.
19.2. Users acknowledge that background checks are not foolproof and may not uncover all relevant information.
19.3. United Homesmiths is not responsible for the accuracy of background check information or for any errors or omissions in the background check process.
20.1. United Homesmiths may offer emergency services through our platform. These services are subject to additional terms and may incur higher fees.
20.2. Users requesting emergency services acknowledge that response times may vary and that United Homesmiths cannot guarantee immediate service.
20.3. In life-threatening emergencies, Users should contact emergency services (911) directly and not rely solely on our platform.
21.1. United Homesmiths may offer gift cards or promotional credits for use on our platform.
21.2. Gift cards and promotional credits are subject to separate terms and conditions, which will be provided at the time of issuance.
21.3. Gift cards and promotional credits have no cash value and cannot be redeemed for cash unless required by law.
21.4. United Homesmiths reserves the right to cancel or invalidate gift cards or promotional credits in cases of suspected fraud or misuse.
22.1. United Homesmiths may offer a referral program to incentivize Users to refer new customers to our platform.
22.2. Participation in the referral program is subject to separate terms and conditions, which will be provided at the time of enrollment.
22.3. United Homesmiths reserves the right to modify, suspend, or terminate the referral program at any time without notice.
22.4. Referral rewards have no cash value and can only be used for services on our platform, unless otherwise specified.
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 have any questions about these Terms, please contact us at contact@unitedhomesmiths.com.