ACCEPTANCE OF TERMS OF SERVICE
This Terms of Service (the “Terms of Service”) is entered into by and between you (“You”, “Your” or
“Owner”) and Maintain Your Home, LLC (“MYH”, “we”, “our” or “us”). The following terms and
conditions in this Terms of Service, together with any documents they expressly incorporate by reference,
including but not limited to the Service Agreement (defined herein), govern the performance of Services
(defined herein) by MYH for You
HOME SERVICES
By Your acceptance of the Terms of Service, You hereby retain MYH to, and MYH agrees to, perform
certain home improvement and maintenance services, which shall be set forth more specifically in
Schedule A, attached hereto (“Services”), on the property and premises identified by You prior to the
performance of the Services (“Property”). Additionally, You grant MYH full authority and power to
perform its duties and responsibilities under this Terms of Service. Further, You acknowledge and agree
that MYH and its employees and agents (“Representatives”), and subcontractors (“Subcontractors”),
are entitled to, and You hereby grant MYH, its Representatives, and Subcontractors a revocable license to,
access the Property, with commercially reasonable notice, for any purpose in connection with the
performance of the Services, and without notice for any safety or emergency purpose. The Services shall
be performed by MYH, its Representatives, or Subcontractors. MYH is not the employer of any
Subcontractor and such Subcontractor’s performance of the Services under this Terms of Service is solely
as an independent contractor.
FEES AND PAYMENT
For the Services rendered hereunder, Owner shall pay MYH either, approximately, (i) twelve individual
payments of Forty-Nine and 99/100 Dollars ($49.99) on a monthly, automatically recurring basis; or (ii) a
single payment of Five Hundred Thirty-Nine and 99/100 Dollars ($539.99) upon engagement of MYH to
perform the Services (the “Fees”). Owner shall also pay all third-party expenses incurred by MYH in
connection with performance of the Services. You will provide MYH with approved payment information
(“Payment Method”) prior to the commencement of the Services, which will be used to process such
payments, and You agree to promptly inform MYH of any changes to the Payment Method during the
Term. Fees shall not be processed for payment until your return of an executed Service Agreement
(“Service Agreement”), which will be provided to you prior to the commencement of the Services, to
MYH. You shall opt into the monthly payments or annual payment basis in the Service Agreement, which
shall not be changed until the end of the Term and upon mutual written agreement by you and MYH.
Should You opt to pay the Fees on a monthly basis, You agree the Fees shall be charged in full within
seven (7) days after the end of the applicable calendar month. Should You opt to pay the Fees by a single
payment, You agree the Fees shall be charged in full within seven (7) days after Your execution of the
Service Agreement. Should payment processing fail, You further agree to pay a late fee of one and a
50/100 percent (1.5%) of the outstanding Fees more than thirty (30) days overdue, compounding monthly.
MYH may provide access to different discounts to You at its sole discretion during the Term; provided,
however, that MYH may revoke such access at any time and You are not entitled to any refund, offset, or
deduction related to such change.
You hereby authorize MYH (or a third party payment processor on MYH’s behalf) to charge the Payment
Method on file for the Services, including the cost of the Services as set forth on Schedule A and any
applicable taxes and fees. You hereby authorize us, in our sole discretion, to place a hold on Your
Payment Method for any transaction under this Terms of Service. No refunds or credits shall be provided
to You once the Payment Method has been charged, except in MYH’s sole discretion.
THEREAFTER, THE TERMS OF SERVICE AND YOUR OBLIGATIONS HEREUNDER, INCLUDING, BUT NOT LIMITED TO, PAYMENT FOR THE SERVICES, WILL AUTOMATICALLY RENEW, AND YOUR PAYMENT METHOD WILL BE CHARGED THE SAME AMOUNT OF FEES AND ADDITIONAL APPLICABLE CHARGES, SUBJECT TO POTENTIAL INCREASES, AS SET FORTH HEREIN. FEES SHALL BE CHARGED AUTOMATICALLY ON THE ANNIVERSARY DATE OF THE EFFECTIVE DATE OF OWNER’S SIGNATURE AGREEING TO THE TERMS OF SERVICE UNTIL CANCELLED BY MYH OR UNTIL YOUR ELECTION TO CANCEL THE TERMS
OF SERVICE AS SET FORTH BELOW.
NO LATER THAN 10 DAYS AND NO EARLIER THAN 20 DAYS PRIOR TO THE DATE OF THE AUTOMATIC RENEWAL OF THE TERMS OF SERVICE, MYH SHALL SEND NOTICE TO YOU OF SUCH RENEWAL. IF YOU WISH TO CANCEL THE TERMS OF SERVICE, YOU MUST PROVIDE NOTICE TO MYH VIA FIRST CLASS MAIL POSTMARKED OR VIA EMAIL TO MYH AT SUPPORT@MAINTAINYOURHOME.COM NO LATER THAN 3 BUSINESS DAYS PRIOR TO THE AUTOMATIC RENEWAL OF THE TERMS OF SERVICE. CANCELLATION OF THE TERMS OF SERVICE AT ANY TIME SHALL NOT ENTITLE YOU TO A REFUND FOR FEES ALREADY PAID AND/OR AGREED UPON.
ADDITIONAL WORK
In the event that the Owner requests MYH to undertake work outside of the Services, and MYH agrees to
perform such additional work, Owner and MYH shall execute a separate Home Improvement Contractor
Agreement, which shall set forth a description of the additional work to be performed by MYH, its
Representatives or its Subcontractors for such fees and expenses and upon the terms and conditions as set forth therein.
WARRANTY
MYH warrants that the Services will be performed in a professional and workmanlike manner consistent
with industry practices and in accordance with the Terms of Service and that MYH will remedy any
material defects in the Services that You, by written notice, call to MYH’s attention within three (3)
months from the date of substantial completion of the defective Service (the “Warranty Term”),
provided that such defects do not result from work, alterations, or other acts performed by persons other
than MYH, from acts of God, or from any other causes not directly attributable to MYH. Unless You
make a written claim with MYH during the Warranty Term, You, for yourself and any future owners of
Your Property, waive that claim. Notice of a defect may be given to MYH at any time during the
Warranty Term. Notwithstanding anything contained herein to the contrary, MYH does not warrant, and
shall not be responsible for, any fixtures or materials that You supply with respect to the Services.
Further, any materials, furniture, or fixtures special ordered by MYH at Your request are non-returnable
and the payment for such materials, furniture, or fixtures is non-refundable.
EXCEPT AS STATED ABOVE, MYH DOES NOT GIVE YOU ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES WITH RESPECT TO THE SERVICES OR ANY GOODS OR OTHER SERVICES THAT MAY BE PROVIDED BY MYH TO YOU IN CONNECTION WITH THIS TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, WORKMANSHIP, OR FITNESS FOR A PARTICULAR PURPOSE
TERM AND TERMINATION
The Terms of Service shall expire after the first anniversary of the commencement of the Services (the
“Initial Term”); provided; however, that the Initial Term shall automatically renew for additional,
successive one-year terms (together with the Initial Term, the “Term”). You shall be notified ahead of
such renewal, as described above. This Terms of Service may be terminated (i) by You for any reason
upon thirty (30) days’ written notice to MYH; (ii) by MYH at any time upon written notice to You; or (iii)
by mutual agreement of both parties at any time. Upon termination of this Terms of Service, You shall
immediately pay all Fees and expenses due to MYH under the current Term of the Terms of Service.
AMENDMENTS AND CHANGE ORDERS
This Terms of Service may be revised and updated from time to time upon mutual agreement by the
parties, which shall be set forth in a written change order executed by each of the parties. No amendment
or revision to the Terms of Service shall be effective unless a written acknowledgement of such change,
which shall contain any accompanying changes to the Fees, is dated and signed by both MYH and Owner.
CONFIDENTIALITY AND PRIVACY POLICY
Any and all of Your information that You share with MYH as part of this Terms of Service and MYH’s
performance of the Services shall be subject to MYH’s Privacy Notice (linked here).
LICENSE AND RELEASE
Owner hereby grants to MYH and its Representatives an irrevocable, transferable, royalty-free right and
license, throughout the world and in perpetuity, to photograph and/or record videos of the Property and
work product of the Services and to publish, display, edit, reproduce, transmit, or otherwise use such
created media for any and all commercial purposes including, but not limited to, displaying photographs
and/or videos on MYH’s website and other marketing materials of the Services and work product thereof.
Additionally, Owner waives any right to inspect or approve of such photographs and/or videos or other
media, and acknowledges and agrees that the rights granted to MYH above are without compensation of
any kind.
INSURANCE
MYH agrees to maintain commercial liability insurance covering personal injury in an amount not less
than Fifty Thousand and no/100 Dollars ($50,000.00), and insurance covering property damage caused by
Contractor in an amount not less than Fifty Thousand and no/100 Dollars ($50,000.00).
RIGHT OF RESCISSION
YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD (3RD) BUSINESS DAY AFTER THE EFFECTIVE DATE OF THE SERVICE AGREEMENT. IN ORDER TO CANCEL, YOU MUST SEND A WRITTEN TERMINATION BY U.S. MAIL, POSTAGE PREPAID, TO THE ADDRESS STATED ABOVE. WE WOULD ALSO APPRECIATE YOU SENDING US AN E-MAIL TO THE EMAIL ADDRESS IDENTIFIED ABOVE.
TOLL-FREE TELEPHONE NUMBER
MYH’s official registration number can be obtained from the Pennsylvania Attorney General’s Bureau of
Consumer Protection by calling toll-free within Pennsylvania 1-888-520-6680. Registration does not
imply endorsement.
MISCELLANEOUS
The Terms of Service, the Privacy Policy, and the Service Agreement constitute the sole and entire
agreement between You and MYH. If any provision of this Terms of Service shall be deemed invalid or
unenforceable, the remainder of this Terms of Service shall remain in full force and effect. By
electronically acknowledging and agreeing to this Terms of Service, You or Your company is entering into
a legally binding agreement and agree to all of the terms herein. Please download and read carefully prior
to electronically acknowledging and agreeing to this Terms of Service. THIS TERMS OF SERVICE AND ANY CLAIM, COUNTERCLAIM OR DISPUTE OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS TERMS OF SERVICE (“CLAIM”), DIRECTLY OR INDIRECTLY, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA. EXCEPT AS SET FORTH BELOW, NO CLAIM MAY BE COMMENCED, PROSECUTED OR CONTINUED IN ANY COURT OTHER THAN THE COURTS OF THE STATE OF DELAWARE, WHICH COURTS SHALL HAVE EXCLUSIVE JURISDICTION OVER THE ADJUDICATION OF SUCH MATTERS, AND THE PARTIES EACH CONSENTS TO THE JURISDICTION OF SUCH COURTS AND PERSONAL SERVICE WITH RESPECT THERETO. THE PARTIES EACH HEREBY CONSENTS TO PERSONAL JURISDICTION, SERVICE AND VENUE IN ANY COURT IN WHICH ANY CLAIM ARISING OUT OF OR IN ANY WAY RELATING TO THIS TERMS OF SERVICE IS BROUGHT BY ANY THIRD PARTY AGAINST ANY PARTY. EACH OF THE PARTIES WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) IN ANY WAY ARISING OUT OF OR RELATING TO THIS TERMS OF SERVICE. THE PARTIES EACH AGREES THAT A FINAL NON-APPEALABLE JUDGMENT IN ANY SUCH PROCEEDING OR COUNTERCLAIM BROUGHT IN ANY SUCH COURT SHALL BE CONCLUSIVE AND BINDING UPON IT AND MAY BE ENFORCED IN ANY OTHER COURTS TO THE JURISDICTION OF WHICH IT IS OR MAY BE SUBJECT, BY SUIT UPON SUCH JUDGMENT.
SCHEDULE A
SERVICES PERFORMED SPRING/SUMMER
- Inspect Exterior of the Property
- Inspect Interior of the Property
- Ensure Windows & Doors are Sealed Properly
- Inspect Weather Stripping & Replace as Needed
- Inspect Toilet and Sink Valves
- Inspect & Clean Drains
- Replace Refrigerator Water Filter (if applicable)
- Change HVAC Air Filter(s) (if applicable)
- Inspect Caulking Around Sinks, Showers, and Tubs
- Disinfect A/C Condensate Drain Line (if applicable)
- Clean Kitchen Exhaust Filter (if applicable)
- Disinfect Clothes Washer
- Disinfect Garbage Disposal (if applicable)
- Disinfect Dishwasher (if applicable)
- Replace Whole House Water Filter (if applicable)
- Test Sump Pump (if applicable)
- Inspect Shower Grout
- Inspect Range Burners & Oven
- Check Fire Extinguishers for Serviceability
- Test Smoke & CO Detectors
- Inspect All Appliance Lights
- Inspect Faucets & Fixtures for Leaks
- Check Water Softener Levels & Replace as Needed
- Vacuum Heat Registers & Vents
- Replace Batteries in Smoke Detectors & CO Detectors
- Replace Batteries in Smart Door Locks (if applicable)
SERVICES PERFORMED FALL/WINTER
- Winterize Exterior Plumbing
- Clean Dryer Vent & Outtake
- Ensure Windows & Doors are Sealed Properly
- Inspect Weather Stripping & Replace as Needed
- Inspect Toilet and Sink Valves
- Inspect & Clean Drains
- Replace Refrigerator Water Filter (if applicable)
- Change HVAC Air Filter(s) (if applicable)
- Inspect Caulking Around Sinks, Showers, and Tubs
- Disinfect A/C Condensate Drain Line (if applicable)
- Clean Kitchen Exhaust Filter (if applicable)
- Disinfect Clothes Washer
- Disinfect Garbage Disposal (if applicable)
- Disinfect Dishwasher (if applicable)
- Replace Whole House Water Filter (if applicable)
- Inspect Shower Grout
- Inspect Range Burners & Oven
- Check Fire Extinguishers for Serviceability
- Test Smoke & CO Detectors
- Inspect All Appliance Lights
- Inspect Faucets & Fixtures for Leaks
- Check Water Softener Levels & Replace as Needed
