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Terms of Service

Terms of Service

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 “user”, “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 approve a particular service will govern our provision and delivery of that service to you.

  1. Nature of the Services and Our Relationship with You. We offer home maintenance and repair services. We offer you, at the address provided, during our standard business hours (M-F, 8 a.m. to 5 p.m.), access to those services, which are listed online at mygoodsmith.com.We may provide such services using Goodsmith-employed technicians and/or independent contractor(s) selected at our sole discretion.To access services, you must create an account at mygoodsmith.com or within the Goodsmith app. You must download and log into the mobile app, and store a default method of payment in the app. Only after completing these steps can you submit a service request.
  2. Account Types. There are two account types through which you may access Goodsmith services, FREE and PREMIUM, which are outlined in Exhibit A.
  3. User Rules. As a condition of your being a user, you agree to abide by the Goodsmith User Rules, detailed in Exhibit B, which are subject to change at any time and in any manner at our sole and absolute discretion.
  4. Payment Terms. Payment for Services is due upon receipt of invoice. Invoices not paid or disputed within 10 days will be charged to the default payment method stored in your account and will include 10% gratuity. Further,  we reserve the right to close your account if the charge is denied and will not issue any refunds for 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. Our Warranty and Disclaimer. Subject to the terms and conditions of this Agreement, we represent and warrant that we will perform the 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 cure any breach promptly; provided that, if we cannot cure such breach within a reasonable time after your written notice of such breach, you may terminate this Agreement.EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, WE WILL PROVIDE YOU 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 OUR 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 OUR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
  6. 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.
  7. 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.
  8. Termination of Our Relationship with You. We may terminate this Agreement at any time, and without refund, if (a) you fail to meet  Payment Terms, 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 48 business hours advance written notice to the other Party. Pursuant to Appendix A, all fees associated with a Premium Account Upgrade are non-refundable.
  9. 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.
  10. Transferability. Account 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.
  11. Force Majeure. We will not be in violation of this Agreement to the extent we are unable to provide 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, there are no third-party beneficiaries of the Agreement. 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.

Exhibit A

Free and Premium Access

Free access to Goodsmith services is accessible without subscription fees to all homeowners who live in our service area. At any time, subject to the conditions below, a Free user may upgrade to a Premium user from within the Goodsmith app. Premium access is subject to an annual fee listed online at mygoodsmith.com.

Free Users:

  • Free users will have access to Handyman, Electric, and Plumbing services. Restrictions apply:
    • We reserve the right to determine whether a request falls within these services (e.g., a request to build custom cabinets requires Carpentry, a service reserved for Premium users).
    • We reserve the right to reject any request that requires more than one trade and/or more than one day of service, as these are characterized as multi-trade and/or multi-day jobs accessible by Premium users only.
    • We reserve the right to reschedule any appointment without reason or prior notice.
    • We reserve the right to temporarily prohibit free users from submitting new requests.
    • All after-hours requests, regardless of urgency, will be reviewed during business hours. Access to emergency services is available to Premium users only.

Premium Users:

  • Premium access is subject to an annual fee listed online at mygoodsmith.com. Premium fees will auto-renew annually on the anniversary and are non-refundable.
  • Cancellations must be submitted in writing at least 48 business hours prior to the renewal date. Users must be in good standing to process a cancelation.
  • Premium users will have access to:
    • Handyman
    • Electric
    • Plumbing
    • Paint
    • Carpentry
    • HVAC
    • Appliance
    • Exterior Cleaning
    • Third-Party Services (made available at Goodsmith’s sole discretion)
  • Additional Premium user benefits include:
    • Two maintenance visits per membership year. SEE GOODSMITH MAINTENANCE PLAN DETAILS BELOW.
    • Access to special projects, characterized as multi-day and/or multi-trade service requests.
    • Access to emergency services (the app function to submit an emergency request will be available the next business day after the upgrade is processed).
    • Priority scheduling during peak demand periods.
    • Access to special offers (e.g., winterization services, HVAC inspections before summer, etc.).

Goodsmith Maintenance Plan (included with Premium upgrade)

  • Two maintenance visits per year
  • Visits will be added to your app within 48 business hours after upgrading.
  • Maintenance appointments that are never confirmed or confirmed and canceled within 24 business hours will be forfeited (no refund or rescheduling).
  • Maintenance appointments may vary in length, subject to home size, but cannot exceed 90 minutes in length.
  • Below is a summary of each visit (services are listed in order or priority):

  1. Filters, bulbs, batteries billed separately. Bulb and battery replacements over 14’ subject to additional fees. Specialty filters, bulbs and batteries that require a return visit will be subject to a $49 fixed rate plus the cost of materials.
  2. Dryer must be accessible and moveable using an electric dolly. Ducts that are not code compliant, contain booster fans, and/or exceed 15’ in total length are subject to additional fees. Additional units must be specified prior to the visit and will be billed at $75 each. Dryer vents that require a return visit are subject to hourly rates and user approval.

Exhibit B

User Rules

As a Goodsmith user you agree to follow the outlined rules. These rules are established to ensure that our relationship with you is clearly defined and to avoid any confusion as to the obligations of either party under this agreement.

Submitting and Managing Service Requests:

  • Submit all requests and respond to all communication in the Goodsmith app. We are not obliged to respond to and/or act upon service requests and/or communication initiated by you via phone call, text, in-person, etc. Occasionally, Goodsmith, at its sole discretion, may initiate contact with you via call or text to expedite service, collect further details, troubleshoot, etc.
  • Be responsive to all communication and information requests via the Goodsmith app.
  • Provide as much detail as possible so that we can sufficiently underwrite your request. In-person estimates will only be provided if Goodsmith cannot underwrite a ticket despite a user providing a detailed scope of work, good photos, and responding to all questions in the app.

Day of Service:

  • Be respectful of Goodsmith employees and contractors.
  • Provide reasonable access to the area of your home in need of service and control and/or contain pets during service visits.
  • Have an adult with knowledge of the scope of work in attendance for each service visit.
  • Unless explicitly permitted by a supervisor, you will not ask a technician to complete tasks that are not specifically detailed on the approved request.
  • Do not solicit “off book” services from Goodsmith technicians.

Billing and Materials:

  • Payment for any services is due upon receipt of invoice for services rendered.
  • Materials purchased and/or provided by Goodsmith will be warrantied for one year specifically related to product defects. Materials purchased and/or provided by user will not be warrantied.
  • We reserve the right to bill for material costs on the purchase date, rather than on the service date.
  • What you buy and provide should be in good condition, complete, and inspected before our arrival. If we cannot complete Services due to materials not being in serviceable condition, we will bill you for the entire scheduled appointment regardless of worked hours. We will not warranty user provided materials and the associated labor
  • If you provide false or inaccurate information related to your request, which results in Goodsmith not being able to complete the service in the allotted time, a return trip, subject to your approval, will be billed at standard rates.

Fees and Minimums:

  • $29 service administration fees. We charge a $29 flat fee whenever a service technician is dispatched to your home. This covers underwriting/estimating time, travel time, fuel charges, etc. (does not apply to monthly subscription members, Goodsmith staffed maintenance visits, or Goodsmith staffed appliance/HVAC assessments).
  • Minimum service charges. All Goodsmith-staffed services are subject to a 1-hour minimum charge. All Goodsmith-staffed assessments for appliance and HVAC are subject to a 30-minute minimum charge.
  • Emergency fees (applicable to Premium users only). $175 flat fee + time and materials subject to peak rates (estimates will not be provided for emergency services).
  • Cancelation fee if you cancel and/or reschedule less than 24 hours prior to a confirmed appointment. $50 flat fee + $50/hour of time booked (e.g. a 2-hour appointment canceled within 24 hours would be subject to a $150 cancelation fee).
  • Cancelation fee if we show up to a confirmed appointment and no one is home. $100 flat fee + $50/hour of time booked (e.g. a 2-hour appointment for which we show up and no one is home would be subject to a $200 cancelation fee).