Terms of Use and Service Agreement
Last updated: 2023-09-13
YOU MUST READ THIS TERMS OF USE AND SERVICE AGREEMENT BEFORE USING GOODSMITH.
The terms “we,” “us,” “our”, or “Goodsmith” refer to Goodsmith Home Care and Repair, Inc, a Delaware Corporation. All services that we provide or that are offered through the “Goodsmith App” are referred to herein as “Services.” The terms “Member”, “you” and “your” refer to you, the user, in your individual capacity. The term “Party” means you or us and the term “Parties” means you and us.
By using the Goodsmith App, you are agreeing to be legally bound in all respects by this Terms of Use and Service Agreement (“Agreement”).
This Agreement is subject to change at any time and in any manner at our sole and absolute discretion. Accordingly, you should review the Agreement from time to time. The terms and conditions of the Agreement existing at the time you order a particular service will govern our provision and delivery of that service to you.
1. Nature of the Member Services and Our Relationship with You. We offer home maintenance and repair services to residential properties. Upon timely payment of your Membership Fees for the subscription plan selected by you (and if applicable, any maintenance plan selected), we offer you, at the address provided, during our standard business hours (M-F, 8 a.m. to 5 p.m.), access to those Member Services listed online at www.mygoodsmith.com. We may provide such Member Services using Goodsmith-employed technicians or independent contractor(s) selected in our sole discretion.
2. Term. This Agreement shall be on a month-to-month basis (the “Subscription Period”), unless terminated as set forth below.
3. Fees. Membership dues will be automatically charged every month on the anniversary day of signing up per the listed price online at www.mygoodsmith.com (the “Membership Fees”). Membership Fees are non-refundable. Payment for any Member Services is due upon receipt of invoice for Member Services rendered. We reserve the right to adjust Membership Fees or any other fees in our sole discretion. We reserve the right to bill for material costs on the purchase date, rather than on the service date.
4. Payment Terms. Invoices not paid or disputed within 10 days will be subject to automatic charge and may result in the immediate termination of this Agreement if our charge to your account is denied without refund of any fees already paid. Unpaid balances to Goodsmith or its affiliates without satisfactory payment arrangements, may result in external collection efforts. You will be responsible for reimbursing collection agency fees, which may be based on a percentage of the debt, and all costs and expenses, including reasonable collection efforts and attorney’s fees incurred during the collection process. You agree that Goodsmith, its affiliates, and the designated external collection agency are authorized to contact you by phone or email using the contact information provided at the time of sign up. Furthermore, you approve the designated external collection agency to share personal contact and account related information with third-party vendors to communicate account related information via telephone, text, e-mail, and mail notification.
5. Member Rules. As a condition of your Membership, you agree to abide by the Goodsmith Member Rules and Regulations, which may be updated from time to time. Members shall:
- Be responsive to all communication and information requests from Goodsmith.
- Treat Goodsmith employees and contractors with respect (i.e., no foul language and/or aggressive behavior).
- Provide reasonable access to the area of your residence in need of service.
- Control and/or contain pets during service visits.
- Have an adult, with knowledge of the scope of work, in attendance for each service visit.
- Have at least one form of payment stored within the Goodsmith App at all times.
- Pay a $50.00 flat fee for any appointment cancelled less than 24 hours prior to the service start time. Additionally, Goodsmith reserves the right to charge an additional $50 per hour of cancelled service. For example, a three-hour appointment cancelled with 24 hours would be subject to a max penalty of $200 ($50 flat fee plus $50 for three hours of cancelled time).
- Pay a $100.00 flat fee for any appointment that is confirmed, we show up, and Member is not present. Additionally, Goodsmith reserves the right to charge an additional $50 per hour of cancelled service. For example, a three-hour confirmed appointment for which Member is not present and access unavailable would be subject to a max penalty of $250 ($100 flat fee plus $50 for three hours of cancelled time).
- Pay a fixed $175 fee plus time and materials in the event of an emergency request.
- Agree that prepaid maintenance service dates/times that are proposed and never confirmed will be treated as cancelations (no refund or reschedule).
- Agree that a prepaid maintenance appointment that is confirmed and canceled with 24 hours is forfeited by Member.
- Agree not to solicit “off book” services from a Goodsmith technician.
6. Our Warranty and Disclaimer. Subject to the terms and conditions of this Agreement, we represent and warrant that we will perform the Member Services using personnel of commercially reasonable skill, experience, and qualifications, and shall perform work in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. Our sole and exclusive liability and your sole and exclusive remedy for breach of the foregoing warranty shall be as follows: (a) we shall use reasonable commercial efforts to promptly cure any breach; provided that, if we cannot cure such breach within a reasonable time after your written notice of such breach, you may terminate the Agreement by serving written notice of termination within 30 days of when the original breach occurred; and (b) in the event the Agreement is terminated pursuant to this Section, Goodsmith shall, within 30 days after the date of termination, refund to you any Membership Fees paid by you as of the date of termination for the Member Services, less a deduction equal to the fees for Member Services up to and including the date of termination.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, WE WILL PROVIDE YOU MEMBER SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY NATURE WHATSOEVER REGARDING THE GOODSMITH APP AND THE MEMBER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT IN ANY WAY LIMITING THE SCOPE OF THE GENERAL WARRANTY DISCLAIMER ABOVE, WE MAKE NO WARRANTY OF ANY NATURE WHATSOEVER, THAT THE GOODSMITH APP OR MEMBER SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
7. Our Limit of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US BY YOUR PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. The Agreement Between You and Us to Arbitrate Disputes. By entering into this Agreement, you are expressly agreeing that any dispute or conflict of any nature that arises between you and us will be resolved in binding arbitration. AS A RESULT OF ENTERING INTO THIS AGREEMENT, YOU ARE FOREVER WAIVING (I) YOUR RIGHT OR AUTHORITY TO BRING OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR ARBITRATION FILED AGAINST US, AND (II) YOUR RIGHT TO HAVE ANY CLAIM YOU HAVE AGAINST US DECIDED BY A JURY. If you have a claim against us, you may initiate arbitration against us by sending a written notice in accordance with this Agreement. Any arbitration under this Agreement will be administered by the American Arbitration Association under its Consumer Arbitration Rules by a single arbitrator.
9. Termination of Our Relationship with You. We may terminate this Agreement at any time, and without refund, if (a) you fail to pay an invoice for Member Services in a timely fashion, or (b) you fail to honor your obligations under this Agreement. Either Party may terminate this Agreement at any time provided your account is current (no outstanding invoices) and the terminating Party provides 30 days advance written notice to the other Party. Pursuant to Section 3 of this Agreement, all Membership Fees are non-refundable.
10. Notice. A notice is effective only upon email receipt by the receiving Party via email to members@mygoodsmith.com or to the email address provided by you.
11. Transfer of Membership. Memberships may not be transferred to another location/residence unless you are relocating to a new location/residence within our service area and will remain the payor and primary user.
12. Force Majeure. We will not be in violation of this Agreement to the extent we are unable to provide Member Services due to any act of God, natural disaster, casualty, accident, shortage of labor or materials, app interruption or computer system failure, act of government, law, rule, or regulation, act of terrorism, or similar type of event or occurrence beyond our control.
13. Governing Law. With the sole exception of the arbitration provisions in this Agreement (which are governed by the Federal Arbitration Act), this Agreement must be construed in accordance with, and all disputes under this Agreement are subject to and will be decided under, Texas law without regard to conflict or choice of law principles.
14. Integration. This Agreement in the form it exists as of the time at which you purchase a particular Service will constitute the entire contract between us and you relating to that Service.
15. No Waiver. No delay on our behalf in exercising or any failure by us to exercise any right or remedy available to us under this Agreement will be construed as a waiver unless reduced to writing and signed by us.
16. Severability. If any provision of this Agreement is held invalid or unenforceable by any court or arbitrator of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not specifically held invalid or unenforceable.
17. Successors and Assigns. This Agreement is binding on your permitted successors and assigns, heirs, legal representatives, and personal representatives. This Agreement is binding on our successors and assigns.
18. No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, there are no third-party beneficiaries of the Agreement.
19. Rules for Interpreting this Agreement. In construing this Agreement, the following rules apply: (a) The headings used in this Agreement are for ease of reference only and cannot be used to construe the Agreement. (b) The singular includes the plural, and the plural includes the singular. (c) Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural.
Privacy Policy
Goodsmith (“us”, “we”, or “our”) operates the mygoodsmith.com website (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. The Privacy Policy for Goodsmith has been created with the help of TermsFeed.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from mygoodsmith.com
Definitions
Service
Service is the mygoodsmith.com website operated by Goodsmith
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small files stored on your device (computer or mobile device).
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
Usage Data
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Goodsmith uses the collected data for various purposes:
To provide and maintain the Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Goodsmith will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure Of Data
Legal Requirements
Goodsmith may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Goodsmith
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
As an European citizen, under GDPR, you have certain individual rights. You can learn more about these guides in the GDPR Guide.
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
terms & conditions
Last updated: October 08, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the mygoodsmith.com website (the “Service”) operated by Goodsmith (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. The Terms and Conditions agreement for Goodsmith has been created with the help of TermsFeed.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Goodsmith.
Goodsmith has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Goodsmith shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, 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. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
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 do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Disclaimer
Last updated: October 08, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the mygoodsmith.com website (the “Service”) operated by Goodsmith (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. The Terms and Conditions agreement for Goodsmith has been created with the help of TermsFeed.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Goodsmith.
Goodsmith has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Goodsmith shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, 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. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
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 do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
