(Available Virtually During COVID)
We’re a full-time, full-service maintenance and repair partner that manages all the nuts and bolts of home care for you: scheduling services, coordinating specialists, and regularly checking in on your home’s health to keep it running at its best.
No two homes are the same. We’re happy to start things off with an initial visit to take your home’s temperature, talk through to-do’s, and go from there.
Ready for regular check-ins and on-call expertise? Become a member with a monthly or yearly subscription, and replace piecemeal fixes with peace of mind.
This Membership Subscription Agreement (“Agreement”), is between Goodsmith LLC, a Texas limited liability company (“Goodsmith”) with its office at 2425 Bartlett St., Houston, TX 77098, and Member (together with Goodsmith, the “Parties” and each a “Party”).
Whereas Goodsmith has the capability and capacity to provide ongoing home maintenance services at the Residence (“Subscription Services”) and Member desires to retain Goodsmith to perform said services, Goodsmith is willing to perform the services subject to the terms and conditions herein set forth:
1. Services: Goodsmith shall provide to Member ongoing Subscription Services as set forth in the Statement of Services (attached hereto as Exhibit A) at the Residence. Additional a la carte services (“A la Carte Service(s)”), also outlined in Exhibit A, are available by Member request, for an additional fee, and subject to Goodsmith availability.
2. Term: This Agreement shall commence as of the Effective Date and shall continue for one year (the “Subscription Period”), unless sooner terminated pursuant to Section 6 herein.
3. Fees: Member agrees to pay $120/monthly for the Subscription Period (“Monthly Billing”) or $1,200/annually on the Effective Date (“Advanced Payment”) (collectively the “Fees”). Payment for any A la Carte Service is due immediately upon completion of the service(s) rendered. Goodsmith reserves the right to adjust Fees based on the age, size, and condition of the Residence.
4. Limited Warranty: Goodsmith warrants that it shall perform the Subscription 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. Goodsmith’s sole and exclusive liability and Member’s sole and exclusive remedy for breach of this warranty shall be as follows:
a. Goodsmith shall use reasonable commercial efforts to promptly cure any such breach; provided that, if Goodsmith cannot cure such breach within a reasonable time after Member’s written Notice of such breach, Member may terminate the Agreement by serving written Notice of termination.
b. In the event the Agreement is terminated pursuant to Section 4(a), Goodsmith shall within 30 days after the date of termination, refund to Member any Fees paid by Member as of the date of termination for the Subscription Services, less a deduction equal to the Fees of Subscription Services up to and including the date of termination.
c. The foregoing remedy shall not be available unless Member provides written notice of breach within 30 days after performance of such Subscription Services.
GOODSMITH MAKES NO WARRANTIES EXCEPT AS PROVIDED ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
5. Limitation of Liability: IN NO EVENT SHALL GOODSMITH BE LIABLE TO MEMBER 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 GOODSMITH HAS 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 GOODSMITH’S 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 TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO GOODSMITH PURSUANT TO THIS AGREEMENT IN THE SIXTH (6TH MONTH) PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6. Termination: Either Party may terminate this Agreement at any time, upon written Notice to the other Party. Advanced Payment will not be refunded in the event of a Member terminating this Agreement unless termination is subject to Section 4. If Member terminates this Agreement at any date within Subscription Period (“Termination Date”) but returns as a Member prior to the end of the original Subscription Period (“Return Date”), Member will be billed $120 for every month lapsed between the Termination Date and the Return Date, unless an Advanced Payment was made.
7. Notice: A notice is effective only upon receipt by the receiving Party at the addresses contained herein. Notice may also be made to Goodsmith by email to: info@mygoodsmith.com
8. Waiver: No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving.
9. Amendment and Entirety: This Agreement may be amended, modified, or superseded only by written instrument executed by each Party. This Agreement sets forth the entire agreement and understanding of the Parties with respect to the transactions contemplated hereby and supersedes all prior agreements, arrangements, and understandings relating to the subject matter hereof.
10. Force Majeure: Goodsmith shall not be liable or responsible to Member, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Goodsmith including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, civil unrest, national emergency, strikes or other labor disputes, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
11. Rights of Parties: This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
12. Choice of Law: This Agreement all related matters arising hereunder are governed by and construed in accordance with the laws of the State of Texas.
13. Waiver of Jury Trial: EACH PARTY HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY SUIT, ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISION OF, OR BASED ON ANY MATTER ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT.
14. Electronic Signatures: Each party agrees that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, pursuant to the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ann. § 322.001 et seq.) as amended from time to time.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the online submission date as recorded by Authorize.net (the “Effective Date”) by their respective duly authorized persons.
Member:
[Electronic signature by initials]
Goodsmith LLC.
Morgan Booth, Managing Member
Subscription Services for Members: During a calendar year, Members are entitled to no less than four (4) Goodsmith visits, collectively not to exceed a total of 12 hours, to complete 1) general home repairs and maintenance that can be completed with basic hand tools and supplies and 2) regularly scheduled member services including:
Goodsmith reserves the right to determine if a requested repair is included as part of the Subscription Services. The following are expressly EXCLUDED:
A la Carte Services: For all repairs and maintenance not covered under the monthly Subscription Services, Members may solicit the following Goodsmith services including but not limited to:
AC/HVAC Repairs
Appliance Repair
BBQ Cleaning
Caulking
Concrete/Flat Work
Countertops Repair/Replacement
Drywall Repair
Electrical Work
Fence Repair
Garage Door Repair
Gutter Repair
Holiday Light Installation
Junk Removal
Odd Jobs
Out of Town Check-Up
Painting
Picture/Art Hanging
Plumbing Work
Pool Equipment Repair
Power Washing
Roof Repairs
Security/AV
Specialty Cleaning
Stucco/Masonry
Tile Work
Tree Trimming
Trim Work
TV Mounting
Window Screen Installation/Repair
Window Washing
Window/Door Replacement
Window/Glass Repair
All Goodsmith services (subscription services, as well as a la carte services) are subject to the terms and conditions set forth in the member subscription Agreement.
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:
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.
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.