TERMS AND CONDITIONS
Terms of Use Policy
Byrd International, LLC
d/b/a
Clean Pro Gutter Cleaning Bookings
Terms and Conditions of Service
Last Update: 09/11/2023
Welcome and Thank You for checking out these terms and
conditions under which you, (the person using our Platform (as defined below))
can use Byrd International, LLC’s Platform. Hereinafter, the terms “us,” “we,”
and the like mean and refers to Byrd International, LLC, a South Dakota limited
liability whose headquarters is situated in Mountain View, Arkansas. We created
our Platform to match gutter-cleaning service providers and customers needing
gutter-cleaning services, to get your job done! As used herein, “Booking
Service” means and refers to this service. We are glad you are informing
yourself of these important matters.
Please read carefully these terms and conditions of using
our platform, website, and mobile application (these 3 facilities, each,
collectively and in any combination thereof are referred to as our “Platform”)
and the Booking Services we provide through them (the “Service”).
Terms and Conditions with respect to Two Agreements
One between: You and Us
One Between: You and Your Contractor
I. The Agreement Between You and Us. These Preliminary
Matters of Importance and that portion of these Terms and Conditions of Service
set forth in Article A (As Between You and Us) are part of the contractual
relationship that govern the legal rights accruing to and duties owed to one
another with respect to the subject matter hereof as well as points of
agreement established by text or other legible forms of electronic
communications between you and us all in accordance with applicable law,
hereinafter collectively referred to as “Our Agreement”.
II. The Agreement Between You and Your Contractor.
Applicable portions of these Preliminary Matters of Importance and that portion
of these Terms and Conditions set forth in Article B (As Between You and Your
Contractor), the Quote Confirmation you receive from us, as the authorized
agent of Your Contractor, any scheduling notification you may receive from us
as authorized agent of Your Contractor and points of agreement established by
text or other legible forms of electronic communications between you and us as
authorized agent of Your Contractor all in accordance with law constitutes the
“Cleaning Contract,” which governs the legal rights and duties between you and
Your Contractor, the service provider that we booked for you to complete the
work specified in the Quote Confirmation.
These Preliminary Matters of Importance that Apply to Both
Agreements:
Your use of our Platform and our Service is conditioned upon
your acceptance of these Terms and Conditions of Service, whether they apply to
us or Your Contractor. If you do not accept these terms, then do not (i) use
our Platform or (ii) book your gutter-cleaning job using our Platform and/or
Service. Use of our Platform and/or booking your gutter-cleaning job through
our Service constitutes acceptance of all applicable terms and conditions
hereunder, whether applicable to us or Your Contractor.
We may change and amend these Terms and Conditions of
Service at any time and from time to time in the future without notice, for
ourselves and on behalf of Your Contractor. Use of our Platform and Booking
Service will be governed by the Terms of Service in effect at the time your Job
is booked. We suggest you print a copy of this each time you book your Job
through our Platform. Legal Notice to us, however, to be valid, must be
dispatched in accordance with the version of this Agreement in effect at the time
notice is dispatched.
NOTE: Section 3 contains a Class Action and Jury Trial
Waiver that applies to all claims brought against us and/or against Your
Contractor. Please read them carefully.
Section 1. Definitions. The below definitions contain
contractual provisions, covenants and warranties that you make to us and to
Your Contractor. These definitions do not merely define terms. Read them
carefully. Naturally, these definitions also provide the meaning of the terms
defined below as they are used in these Terms and Conditions of Service with
respect to Both Agreements. Accordingly, the following defined terms shall
apply:
The phrase “book your job” means any written or verbal
affirmation made by you to us that you want your job done for the price quoted
which has already been or shall be set forth in your Quotation Confirmation. If
any particularity set forth in your Quotation Confirmation does not match the
terms to which you intended to assent, notify us within eighteen (18) hours of
our dispatch of your Quotation Confirmation. You will not be bound by any terms
to which you did not intend to assent if you timely notify us of a discrepancy.
The term “you,” means: you, the person using our Platform
and/or our Service.
“Us” or “we” means and refers to Byrd International, LLC, a
South Dakota limited liability company or whatever party Byrd International,
LLC designates in substitution of itself in accordance with the terms of its
licensing agreements that govern the use of the intellectual property it leases
by license agreement(s) for use in the promotion of or operation of its
business. The foregoing notwithstanding, the term “we” shall mean and refer to
“you” and to “us” collectively when the context clearly implies that meaning.
Your Contractor. For purposes of these Terms and Conditions,
the term “Your Contractor” means the service provider who we book for you to do
your Job. Each of the contractors that utilizes our Service to receive jobs
from us in exchange for compensation paid by you via our collection service for
them, have appointed us as their agent for the purpose of binding Your
Contractor to your Cleaning Contract with you. In accordance with our
Independent Contractor Agreement with Your Contractor, by scheduling your Job
and accepting your job opportunity, your Contractor shall have agreed to
perform your Job in accordance with the Cleaning Contract. While you may not
know the identity of your Contractor, in the event of dispute or other need,
upon written request, we will provide to you all of the Contact information we
have for your Contractor.
Job. For purposes of these Terms and Conditions, “Job” means
the work to be done to clean those gutters on your property or premises which
you booked through our Service as is more fully described in your Quotation
Confirmation.
Property, premises, or job location. For purposes of these
Terms and Conditions, the term “your property, premises, and or job location”
means and refers to the real estate underlying the structure upon which the
gutters to be cleaned are affixed. You authorize your Contractor to use all
places on the premises reasonably necessary or appropriate to do the work.
What’s more is you undertake to make the premises safe from and warn us of any
dangerous animals, pets and conditions that could foreseeably harm Your
Contractor and any of your Contractor’s employees and servants.
“Duly authorized” means that when you book your Job, you, by
doing so, warrant that you have all legal power and authority to authorize Your
Contractor to safely enter upon the premises where the Job is to be performed
and you, by doing so, undertake to indemnify and hold your Contractor and us
harmless from and against any harm, be it for personal injury or an action
against Your Contractor for trespass.
Pre-Qualified.For purposes of these terms and conditions,
the term “Pre-Qualified” means that we have conducted the inquiry we deem
prudent and reasonable to assess Your Contractor’s ability to do your job in a
professional and workman like manner without presenting an unwarranted risk to
you or your property that is discoverable by cost effective means. We cannot
and do not represent or warrant that our pre-qualification processes will
ensure your safety or the safety of your property as no person can accurately
predict or assure the good conduct of another. Our pre-qualification of Your
Contractor in no way assures you that Your Contractor will not harm you or your
property. You are warned and advised to take all due precautions to protect you
and your property at all times. Your Contractor is an independent contractor of
ours. In the terms of our contract with your Contractor, Your Contractor has
made warranties that neither Your Contractor nor their employees present any
unwarranted risk to your person or property and that they possess all requisite
knowledge, training, skill, expertise, equipment, supplies, etc. to safely
perform your Job;
“Cleaning Service(s)” refers to the gutter cleaning services
Your Contractor will or has provided to you in accordance with the Cleaning
Contract established through our Booking Service.
Cleaning Contract. Has the meaning established in the
paragraph identified by Roman Numeral II on page 1.
“Affiliate”means any related entity which controls or is
controlled by us or is under control of persons who either directly or
indirectly control us and all employees, agents, and servants of ours and of
any such entities. It is specifically understood that none of the Cleaning
Service providers are controlled by us, nor do we have a right to control them
or the manner in which your Contractor provides the cleaning service pursuant
to your Cleaning Contract. Your Contractor is not an Affiliate of ours.
Section 3. No Class Actions or Representative Proceedings –
Waiver of Right to Jury Trial. All proceedings to resolve Claims against us
shall be conducted only on an individual basis and not in a class,
consolidated, or representative action, including without limitation as a
private attorney general. No Court may consolidate more than one party’s Claims
and may not otherwise preside over any form of any class or representative
proceeding. You, Us and Your Contractor do hereby waive our respective rights
to a jury trial.
Article A – The Legal Agreement Between You and Us,
In addition to the Preliminary Matters of Importance, the
following terms and conditions set forth in this Article apply to the Agreement
between you and us.
Section 1. Basic Terms. When you book or accept a job
through this Service, you promise the following.
To timely pay us the quoted contract price1 whether
conforming work is done early, on time or late, and if you fail to timely pay,
whether or not the services of a collection firm are employed, to pay in
addition a $45 collection fee;
Pay a $65 Cost-Indemnification Fee if the Job is canceled
after Your Contractor arrives at (or reports to us that Your Contractor
traveled not less than half-way to) your job location. Note: Unless there is a
reason, you do not have to be home for the work to commence and Your Contractor
may present to do the work at any time on or before the agreed deadline, so
please help yourself and your Contractor out and let us know without delay if
there is a reason work cannot be done at any time on or before the deadline;
and
Grant unfettered and safe access to the premises. If dogs or
other guard animals are present on the property, you promise to notify us prior
to the date your Job is scheduled, and to take whatever steps are needed to
ensure that the guard animals on your property do not present a risk of harm to
Your Contractor.
If you need to cancel or change your job, contact us here.
You do not have an automatic right to cancel or reschedule your job. We hope to
and will do our best to accommodate any change or cancellation request. As long
as no material costs have been incurred or other jobs lost, this will generally
be achievable. However, if you try to cancel or change after costs have been
incurred, other jobs lost or after Your Contractor has confirmed that he has
traveled at least half-way to your location, we have the right to assess and
you have a duty to pay, if assessed, a $65 cost-indemnification fee.
You agree not to pay Your Contractor directly or to attempt
to contract with your Contractor directly in the future or otherwise circumvent
the use of our Service to directly hire Your Contractor in the present Job or
in a future Jobs.
Any refunds that may be granted will be transferred back to
you to the payment method you used to make the original booking.
Section 2. Our Role in Getting Your Job Done. We provide the
Platform and interface needed to book a local and Pre-Qualified gutter cleaning
service provider (referred to herein as “Your Contractor”) to get your Job done
and to make the process of addressing your need for gutter cleaning quick,
convenient, and efficient for you. First, we learn your job in accordance with
the information you provide, find, and book your Job with Your Contractor who
we book as one among one or more Pre-Qualified gutter cleaning service
providers who operates in reasonable proximity to your area and who we have
booked after Your Contractor has committed to doing your Job in a timely manner
for the stated price. Accordingly, we do not perform your gutter-cleaning Job,
Your Contractor does. We operate the Platform from which gutter cleaning
services can be ordered and we serve as communication agent for the scheduling,
collection and payment of funds by and between you and Your Contractor.
Section 3. We are Not Liable on Your Cleaning Contract –
Only Your Contractor Is. The party we book to perform your cleaning job alone
is liable on your Cleaning Contract with Your Contractor. Your Contractor alone
has the duty to perform Your Cleaning Contract. Accordingly, you do hereby
release any claims against us for breach of the Cleaning Contract and agree to
indemnify and save us harmless from and against any liability thereon. Our duty
is primarily to book Your Contractor, coordinate with timing and other
particulars, and pay Your Contractor the agreed price.
Section 4. Potential Consequence of Your Breach of Our
Agreement with You. If you breach your agreement with us, breach our rules,
Your Cleaning Contract, or any rules your Contactor may reasonably impose, your
Job may be cancelled, and you may be denied access to our Service. You may also
lose any money paid for your Job and we may debit your account or your credit
card for any costs we or Your Contractor may have incurred in reliance upon
your booking and as a result of any such breaches or violations.
Section 5. Our Rules. We provide our Booking Service to
match the right available Contractor to get your Job done. We engage in this
business to serve you, benefit Your Contractor, and earn a reasonable profit
for the value we create for you and for Your Contractor. We provided this
Service to you for no other purpose. Accordingly, You represent, warrant,
covenant and agree that:
You are at least 18 years of age and have the legal
authority to enter into contracts;
You will use our Service in accordance with our terms and
for no illegal or wrongful purpose or manner;
All information supplied by you is true, accurate, current,
and complete;
If you have an account with us, you will:
secure and safeguard your account information;
be responsible for any use of your account by you or others;
if you book on behalf of others, you hereby warrant and
covenant that:
you will procure their prior authorization to act on their
behalf;
you will inform the principal for whom you act as
his/her/its agent all of the terms and conditions that apply to our Agreement
and Your Cleaning Contract and ensure that they agree to such terms;
You are and shall remain responsible for their complete
performance of all such terms, conditions and agreements and shall timely pay
any and all amounts that may be or become due, payable and/or owing, to include
without limitation any change/cancellation requests and for any other costs;
Additional Representations and Warranties Made by You to Us.
In addition to the foregoing, by using this Service You Represent and Warrant
to us that You (i) own or lease the premises where the job will be done, (ii)
have all requisite power and authority to both (a) grant a license for your
Contractor to enter upon the premises to do the work without any trespass and
(b) enter into the Cleaning Contract, and (iii) undertake to bear all damages
sustained to your property or the premises notwithstanding the exercise of
ordinary care in observance of the standards applicable to the Job in the
industry.
You also agree not to:
book any false or fraudulent jobs;
access, monitor or copy any content on our Service using any
robot, spider, scraper or other automated means or any manual process;
violate the restrictions in any robot exclusion headers on
any of our sites or Services or circumvent any measures used to prevent or
reduce access to our Service;
take any action that imposes an unreasonably large load on
our infrastructure;
deep link to any part or portion of our Service; or
incorporate any part of our Service into any other website.
Section 6. Access to our Platform(s). We may deny anyone
access to our Service at any time for any valid reason or no reason whatsoever
except as otherwise prohibited by applicable law. We may also make improvements
and changes to our Service at any time.
Section 7. Our liability. We own and operate our Service.
Pursuant to the Independent Contractor Agreement between us and Your
Contractor, we are authorized by your Contractor to bind Your Contractor to the
terms of Your Cleaning Contract with your Contractor. Therefore, to the maximum
extent permitted by law, neither us nor any of our affiliates will be liable
for:
Malfeasance, misfeasance, negligence, contractual breach or
otherwise in connection with the Cleaning Services your Contractor has
contractually undertaken to provide to you pursuant to the terms of your
Cleaning Contract. Your recourse on that contract is solely against your
Contractor and not against us.
For any acts, errors, omissions, representations, breach of
warranties or negligence, if any, of Your Contractor, or
For any personal injuries, death, property damage or other
damages or expenses caused by Your Contractor or resulting from the above.
To the maximum extent permitted by law and subject to the
limitations in these Terms, neither us nor any of our affiliates will be liable
for any direct, indirect, punitive, special, incidental, or consequential
losses or damages arising from:
the Cleaning Services,
the use of our Service,
any delay or inability to use our Service or the Cleaning
Service, or
your use of links from our Service,
whether your claims are based in negligence, contract, tort,
strict liability, consumer protection statutes, or otherwise, even if we or our
Affiliates have been advised of the possibility of such damages.
If we or our Affiliates are found liable for any loss or
damages under these Terms, then, to the maximum extent permitted by law, we
shall only be liable to you for direct damages that were:
reasonably foreseeable by both you and us (or our Affiliates
as applicable),
actually suffered or incurred by you, and
directly attributable to our actions (or the actions of our
Affiliates as applicable),
and in the event of any liability, such liability will in no
event exceed, in total, the greater of (a) the cost paid by you for the
Cleaning Services in question or (b) one-hundred dollars ($100.00).
This limitation of liability reflects the allocation of risk
between you and us. The limitations specified in this Section will survive and
apply even if any limited remedy specified in these Terms is found to have
failed in its essential purpose. The limitations of liability provided in these
Terms inure to the benefit of us, our Affiliates, and our successors and
assigns.
Every instance of force majeure, including, pandemics,
automobile wreck involving Your Contractor, extreme weather events, the
interruption of means of communication, etc., will lead to the suspension of
the obligations in these Terms, and, as justified, also in your Cleaning
Contract, that are affected by the force majeure event. In such a case the
party affected by the force majeure event will not be liable as a result of the
inability to meet such obligations.
Section 8. Indemnity. You shall defend, indemnify, and hold
harmless us, our Affiliates and our respective officers, directors, employees,
and agents from and against any claims, causes of action, demands, losses,
damages, fines, penalties or other costs or expenses of any kind or nature
whatsoever (“Losses”), including without limitation, reasonable legal and
accounting fees, brought by third parties as a result of:
your breach of these Terms and Conditions of Service and
contractual or legal obligations to us,
your violation of any laws or other legal obligations to
third-parties, or
your use of our Service,
to the extent that such Losses are not directly caused by
the actions of us or our Affiliates (as applicable).
Section 9. Reviews, Comments, and Images. By submitting
content to our Service by email, postings and/or the like, including without
limitation any comments, reviews, questions, ideas, suggestions, and the like
or any images, videos or the like contained in any submissions (collectively
“Submissions”), you:
confirm that all Submissions you make are your original
creation and that you have and will maintain all rights necessary to allow us
to use the Submissions as set out in these Terms, and
grant us and our Affiliates as permitted by law, a
non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully
sub-licensable through multi-levels right to use, reproduce, modify, adapt,
translate, distribute, publish, create derivative works from and publicly
display and perform such Submissions throughout the world in any media, now
known or later employed.
You also acknowledge and agree that we and our Affiliates
may choose to use the name(s) that you submit with such Submission to attribute
your Submissions (for example, listing your first name and hometown on a review
that you submit) at our discretion in a non-identifiable format. Such
Submissions may also be shared with Your Contractor as we deem appropriate.
You also grant us and our Affiliates the right to legally
pursue any person or entity that violates your, our or our Affiliates’ rights
in the Submissions.
Section 10. Submissions are non-confidential and
non-proprietary. You expressly waive any and all ‘moral rights’ (including
rights of attribution or integrity) that may subsist in your Submissions. You
agree that you have no objection to the publication, use, modification,
deletion, or exploitation of your Submissions by us and our Affiliates or any
of our other licensees, to include without limitation, Your Contractor or any
other independent contractor with whom we do business.
Section 11. You are Responsible for the Content of your
Submissions. You must not post or transmit to or from our Service and agree
that any Submissions you make do not contain any content that:
is harmful, illegal, disparaging, threatening, defamatory,
obscene, inappropriate, pornographic, or would otherwise violate any privacy or
publicity rights or any law, rule, or applicable regulation;
is proprietary property or commercial property of another
person;
infringes, misappropriates, or violates any copyright,
trademark, patent, or other proprietary right of any third-party, or
is immoral or otherwise objectionable on the grounds of
being injurious to public harmony, interest, order, or security.
You alone will be liable for any damages resulting from not
complying with the rules above, or any other harm resulting from your posting
of Submissions to our Service. We may employ our rights to publish, display,
use, or remove any Submissions without notice to you.
Except as otherwise expressly set forth above, in the event
that you submit more than one review for the same job or Contractor, we reserve
the right to exclude all but your most recent Submission.
Section 12. All Submissions must comply with the following
guidelines, as well as any further guidelines which may later impose during the
content submission process:
On topic – all Submissions must be relevant to the Job or
Contractor in question.
Original – you may only submit your own reviews, photos, and
other content. Do not submit content from any other source (personal or
commercial).
Non-commercial – do not make any Submissions that include
third party trademarks, logos, branding, images of celebrities or other
recognizable people, promotional materials, or any other content intended for commercial
purposes.
No harmful files – do not make any Submissions that contain
viruses or other harmful code that is either intended or may result in damage
to our systems and/or those using them. Comments
containing HTML tags or URLs will not format correctly on our site.
Photos – images must be in BMP, PNG, GIF, or JPEG format
with a file size of 5 MB or less.
We claim no ownership or endorsement of, or affiliation
with, any Submissions made by you.
Section 13. Intellectual Property Policy and Notices. The
Service and its original content, features and functionality are and will
remain our (or our Affiliates or Licensees) exclusive property. We claim
copyrights in all our works of authorship, and we claim service mark rights in
all marks we or our Affiliates use in connection with our services in commerce.
Logos and Company names, whether proper or fictitious, are or may be protected
tradenames, service marks or trademarks of their respective owners which may be
owned by, licensed by us or one of our Affiliates. We are not responsible for
content on websites operated by parties other than us. Our Service may contain
links to websites operated by parties other than us. Such links are provided
for your reference only. We do not control such websites and are not
responsible for their content or your use of them. Our inclusion of such links
does not imply any endorsement of the material on such websites or any
association with their operators, nor does such inclusion in any way constitute
a representation by us that they are not harmful or otherwise problematic.
If you are aware of an infringement of our brand, please let
us know by emailing us at info@proguttercleaningservices.com.
We reserve the right to prohibit you and other users of our
Platform from posting materials that infringe the copyright, trademark rights,
or other intellectual property rights of others, and under appropriate
circumstances we will terminate the account of those who infringe repeatedly.
Links to Other Web Sites: Our Service may contain links to
third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for,
the content, privacy policies, or practices of any third-party web sites or
services. You further acknowledge and agree that We shall not be responsible or
liable, directly or indirectly, for any damage or loss cause 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.
Section 14. Miscellaneous Provisions.
Severability. If any provision of this Agreement is held
unenforceable, then the provision will be modified to reflect the parties’
intention. All remaining provisions of this Agreement will remain in full force
and effect.
No Partnership, Agency, or Employer – Employee Relationship
Established. The Relationship between you and us is that of a vendor (us) and
customer or consumer (you). No agency, partnership, joint venture,
employee-employer, or franchiser-franchisee relationship is intended or created
by this Agreement.
Right of Termination. We reserve the right to terminate your
access to our Platform and to refuse service to you, for any reason or no
reason whatsoever. The foregoing notwithstanding, we will not terminate your
access to our Platform merely because your fall within a protected
classification.
Choice of Law. This Agreement will be governed by and
construed under and in accordance with the laws of the State of Arkansas,
without regard to its laws regarding conflicts of laws. Arkansas law shall be
applied to all rights, duties, and causes of actions that may accrue as between
the parties with respect to the subject matter hereof, without regard to
whether such claims arise in tort or in contract.
Exclusive Forum. In the event of dispute arising out of the
relationship between you and us, both you and us agree that jurisdiction and
venue of the state and Federal Courts shall be exclusively in either the
Circuit Court of Stone County, Arkansas or the United States District Court for
the Eastern District of Arkansas and no other venue.
Notices. To be effective unless otherwise specified herein,
all legal notices shall be in writing and will be deemed to have been duly
given when received, if personally delivered, sent by certified or registered
mail, return receipt requested or by reputable overnight delivery service (such
as by UPS or FedEx); upon receipt. In the case of electronic transmissions of
which, only telecopy (facsimile) or e-mail shall be effective, then upon
electronic confirmation. We may employ any email address, facsimile, or
physical address you have provided to us for the purpose of effecting notice.
To provide us notice, you may provide notice to us at (i)120 East Main St.,
Mountain View, AR 72560 and (ii) to our Counsel by Certified US Mail, Return
Receipt Requested, address to Crochet & Landreneau, PLLC; Attention Gerald
Crochet, Jr., 10201 W. Markham St., Ste, 213, Little Rock, AR 72205.
Article B – Terms And Conditions of the Legal Agreement
Between You and Your Contractor.
Section 1. Our Role – Locate, Book & Bind Your
Contractor. To understand your obligations to Your Contractor and Your
Contractor’s obligations to you, it is helpful to understand our role in
getting your job done. We:
Elicit from you the information we need to correctly price
your job and when you want the job done;
We issue to you a price for the Job in the form of the Quote
Confirmation;
Locate one or more Independent Contractors who have signed
an Independent Contractor Agreement with us and whom we have Pre-Qualified (but
limited to the sense described in paragraph 1.(h) of the Preliminary Matters of
Importance set out above) to do your gutter cleaning Job, from your local area
to do the work and who is willing to perform your job within the time frame you
have given us; and
Once such an Independent Contractor agrees to do your job
within the time frame you want it done, they, by the terms of our Independent
Contractor Agreement with us, authorize us to bind them to perform your
Cleaning Contract with them.
We collect payment for the job from you and pay Your
Contractor the agreed compensation to do your job.
Section 2. Your Recourse for Breach of your Cleaning
Contract is Against Your Contractor. Your recourse for the Breach of your
Cleaning Contract is against your Contractor and not against us.
Section 3. Duties Your Contractor Owes to You under the
Cleaning Contract. Your contractor expressly owes you the following duties
under your Cleaning Contract. Your Contractor owes you the duty to:
Timely perform your job in a non-negligent professional
workman-like manner.
Exercise ordinary care to avoid injuring you and avoid
damaging your property; and
Pursue its work on your behalf with all diligence and
prudence and to exercise all appropriate care and precautions (including safety
precautions) that a reasonably prudent professional contractor would employ
under the circumstances.
Section 4. No class actions or representative proceedings.
You and Your Contractor agree that any and all proceedings to resolve Claims
will be conducted only on an individual basis and not in a class, consolidated,
or representative action, including without limitation as a private attorney
general. You and Your Contractor agree irrevocably that no Court may
consolidate more than one party’s Claims and may not otherwise preside over any
form of any class or representative proceeding. You and Your Contractor further
acknowledge that both you and Your Contractor are waiving both parties’
respective rights to a jury trial.
Section 5. Your Duties to Your Contractor. You agree to:
Provide to Your Contractor a safe work area insofar as it
can readily be made safe, excepting only the normal and natural hazards of
gutter cleaning;
Warn your Contractor of any hazards or dangers that you
cannot readily make safe (the Contractors duty to perform is excused if your
warning is inadequate to enable your Contactor to avoid material risk of injury
to the Contractor or any of Contractor’s employees or servants);
Protect Your Contractor from foreseeable harms, such as from
being bitten by any pets or other animals you might keep upon the premises. You
have the duty to restrain any animals that could harm Your Contractor or
his/her/its employees, agents, subcontractors and or servant. Any such animal
must be restrained in such a manner as to ensure no appreciable risk of harm or
material disturbance to Your Contractor’s work on your Job;
Provide your Contractor access to all areas where the
gutters to be cleaned are located; and
To timely pay us for the work done by your Contractor so we
can timely pay him.
1 If an obvious error in the Contract Price of Job that has
been booked but not yet performed, we will offer you the opportunity to keep
your booking by paying the correct price or we will cancel your booking without
penalty. We have no obligation to honor a gutter cleaning job contracted at an
obviously low or erroneous contact price even after you have been sent a
Booking Confirmation. If the error is discovered too late to get in contact
with you before the job is completed, you shall be responsible to pay the
appropriate price calculated in accordance with the standard methodology
employed.
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