In everything that we do Nest Protect will always aim to provide our members with the highest level of service possible. Including going above and beyond (when we can). But all great things need limits, that's below.
This document sets forth the legally binding terms and conditions ("Terms") that govern the access to and use of the services (the "Services") offered by Nest Protect LLC, a limited liability company organized and existing under the laws of the State of New York ("Nest Protect," "we," "us," or "our"). These Terms constitute a binding agreement between Nest Protect and any individual or entity accessing or using the Services ("Member," "you," or "your").
ARTICLE 1: ACCEPTANCE OF TERMS
1.1 By accessing, browsing, or utilizing the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you are expressly prohibited from using the Services and must cease such use immediately.
1.2 These Terms may be amended or updated by Nest Protect from time to time in its sole discretion, with or without notice. Your continued use of the Services following the posting of any changes to the Terms constitutes your acceptance 1 of those changes. It is your responsibility to review these Terms periodically for any updates or modifications. 2
ARTICLE 2: SCOPE OF SERVICES
2.1 Nest Protect LLC agrees to provide, and Member agrees to engage Nest Protect LLC for, the following non-exclusive home maintenance services (the "Services"):
(a) Routine Inspections: This includes, but is not limited to, comprehensive visual assessments of the property's interior and exterior, evaluating the condition of various systems and components, and identifying potential maintenance needs or areas of concern.
(b) Plumbing Repairs: Addressing malfunctions or necessary repairs to plumbing systems, including fixtures, pipes, drains, and water heaters, to ensure proper functionality and prevent leaks or water damage.
(c) Electrical Work: This encompasses the inspection, repair, and maintenance of electrical systems, including wiring, outlets, switches, and fixtures, to ensure safety and compliance with electrical codes.
(d) HVAC Maintenance: Providing preventative maintenance and repairs for heating, ventilation, and air conditioning systems, including furnaces, air conditioners, and ductwork, to optimize performance and energy efficiency.
(e) Landscaping: Performing routine lawn care, such as mowing, trimming, and edging, as well as seasonal maintenance, including planting, weeding, and mulching, to maintain the aesthetic appeal and health of the property's landscape.
(f) General Repairs: Addressing a wide range of repairs and maintenance tasks throughout the property, including but not limited to drywall repair, painting, carpentry, and minor handyman services.
2.2 The Services provided by Nest Protect LLC are subject to availability and may be modified or expanded from time to time at the sole discretion of Nest Protect LLC.
2.3 The Services is a general term to include all services offered. Please see the subscription page for the specific Services that are included in your subscription.
ARTICLE 3: SCHEDULING AND CANCELLATIONS
3.1 Appointment Scheduling: All Services must be scheduled in advance through the designated channels provided by Nest Protect LLC. Member acknowledges that timely scheduling is necessary to ensure the availability of qualified personnel and resources.
3.2 Cancellation Policy: Member may cancel a scheduled Service appointment without penalty provided such cancellation is made at least twenty-four (24) hours prior to the scheduled appointment time. Cancellations made less than twenty-four (24) hours in advance may be subject to a cancellation fee as determined by Nest Protect LLC.
3.3 Rescheduling: Nest Protect LLC reserves the right to reschedule any Service appointment due to unforeseen circumstances, including but not limited to: inclement weather, equipment malfunction, personnel unavailability, or force majeure events. Nest Protect LLC will make reasonable efforts to provide Member with as much advance notice as practicable in the event of a rescheduling.
ARTICLE 4: PAYMENT TERMS
4.1 Fees and Payment: Member agrees to pay Nest Protect LLC the applicable fees for the Services rendered as set forth in the agreed-upon service agreement or subscription plan. Payment is due in full upon completion of the Services, unless otherwise specified in writing.
4.2 Payment Methods: Nest Protect LLC accepts the following payment methods: major credit cards, debit cards, and Zelle payments. Nest Protect does not accept cash and will never ask for cash during a home visit. Member is responsible for ensuring that the chosen payment method is valid and has sufficient funds to cover the cost of the Services.
4.3 Late Payment: Any payment not received within three (3) days of the date of invoice may be subject to a late payment fee as determined
by Nest Protect LLC. Continued failure to make timely payments may result in the suspension or termination of Services.
4.4 Returned Payments: In the event a payment is returned due to insufficient funds or any other reason, Member shall be responsible for any associated fees or charges imposed by the financial institution.
ARTICLE 5: ESTIMATES AND QUOTES
5.1 Initial Estimates: Any estimates or quotes provided by Nest Protect LLC for Services are based on the information available at the time of the initial assessment and are subject to change. Final costs may vary depending on the actual scope of work, unforeseen conditions, or changes requested by the Member.
5.2 Approval of Additional Work: In the event that the scope of work changes or unforeseen conditions arise requiring additional work or materials, Nest Protect LLC shall promptly notify the Member and provide a revised estimate. No additional work shall be commenced without the express written or verbal consent of the Member.
5.3 Documentation: All estimates, quotes, and approvals for additional work shall be documented in writing or electronically and maintained by both Nest Protect LLC and the Member for their records.
ARTICLE 6: MEMBER RESPONSIBILITIES
6.1 Access to Property: Member shall provide Nest Protect LLC with reasonable access to the property at the scheduled appointment times. This includes providing access to all necessary areas and utilities required to perform the Services.
6.2 Safe Working Environment: Member is responsible for ensuring a safe working environment for Nest Protect LLC personnel. This includes, but is not limited to, securing any pets, clearing work areas of obstructions, and informing Nest Protect LLC of any known hazards or dangerous conditions on the property.
6.3 Disclosure of Information: Member shall promptly inform Nest Protect LLC of any known or suspected defects, malfunctions, or other issues related to the systems or components to be serviced. Failure to disclose such information may affect Nest Protect LLC's ability to perform the Services effectively and may impact any applicable warranties or guarantees.
ARTICLE 7: LIABILITY
7.1 Limitation of Liability: To the fullest extent permitted by applicable law, Nest Protect LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to1 the Services, including but not limited to loss of profits, data, use, or goodwill, even if Nest Protect LLC has been advised of the possibility of such damages.
7.2 Exclusion of Certain Damages: Nest Protect LLC shall not be liable for any damages arising from:
(a) Pre-existing Conditions: Any pre-existing conditions or defects in the property or its systems that were not disclosed by the Member prior to the performance of the Services.
(b) Member's Negligence: Any damage caused by the Member's negligence, misuse, or failure to maintain the property or its systems.
(c) Third-Party Actions: Any damage caused by the actions or omissions of third parties, including but not limited to other contractors, service providers, or utility companies.
7.3 Maximum Liability: In no event shall Nest Protect LLC's total liability to the Member for any and all claims arising out of or relating to the Services exceed the total amount of fees paid by the Member to Nest Protect LLC for the Services giving rise to such claims.
ARTICLE 8: WARRANTIES
8.1 Service Warranty: Nest Protect LLC warrants that the Services will be performed in a workmanlike manner, using reasonable skill and care, in accordance with industry standards. This warranty shall be in effect for a period of thirty (30) days from the date of completion of the Services.
8.2 Exclusions from Warranty: This warranty does not cover:
(a) Normal Wear and Tear: Damage or defects resulting from normal wear and tear, misuse, neglect, or improper maintenance.
(b) Acts of God: Damage caused by acts of God, such as fire, flood, earthquake, or other natural disasters.
(c) Third-Party Products: Defects in any products or materials supplied by the Member or any third party.
8.3 Manufacturer Warranties: Nest Protect LLC makes no representations or warranties with respect to any manufacturer warranties for products or equipment serviced or installed by Nest Protect LLC. Member is solely responsible for pursuing any claims under such manufacturer warranties.
ARTICLE 9: PRIVACY
9.1 Collection and Use of Information: Nest Protect LLC collects and uses Member's personal information solely for the purpose of providing and improving the Services, communicating with the Member, and processing payments.
9.2 Disclosure of Information: Nest Protect LLC will not disclose Member's personal information to any third party except as required by law or as necessary to provide the Services, including but not limited to sharing information with subcontractors or service providers.
9.3 Data Security: Nest Protect LLC takes reasonable measures to protect Member's personal information from unauthorized access, use, or disclosure. However, Nest Protect LLC cannot guarantee the absolute security of such information.
9.4 Member Consent: By using the Services, Member consents to the collection, use, and disclosure of their personal information as described in this Article.
ARTICLE 10: GOVERNING LAW AND DISPUTE RESOLUTION
10.1 Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to1 its conflict of laws principles.
10.2 Dispute Resolution: Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Monsey, New York.
10.3 Waiver of Jury Trial: Member and Nest Protect LLC hereby irrevocably waive any and all right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms5 and Conditions.
ARTICLE 11: MODIFICATION OF TERMS
11.1 Right to Modify: Nest Protect LLC reserves the right, at its sole discretion, to modify or amend these Terms and Conditions at any time. Such modifications or amendments shall be effective immediately upon posting on Nest Protect LLC's website or other designated platform.
11.2 Notification of Changes: Nest Protect LLC may, but is not obligated to, provide Member with notice of any material changes to these Terms and Conditions via email or other reasonable means.
11.3 Continued Use: Member's continued use of the Services following the posting of any modifications or amendments to these Terms and Conditions constitutes acceptance of such changes.
ARTICLE 12: NOTICES AND CONTACT INFORMATION
12.1 Notices: All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, E-mail, or sent by reputable overnight courier service, addressed as follows
12.2 Contact Information: For any questions or concerns regarding these Terms and Conditions, Member may contact Nest Protect LLC at: momo@getnestprotect.com
ARTICLE 13: INDEMNIFICATION
13.1 Indemnification by Member: Member agrees to indemnify and hold harmless Nest Protect LLC, its affiliates, officers, directors, employees, agents, and subcontractors from and against any and all claims, losses, damages, liabilities, costs and expenses (including, but not limited to, attorneys' fees) arising out of or relating to:
(a) Member's breach of these Terms and Conditions; (b) Member's negligence or misconduct; (c) Any injury to persons or property arising out of Member's use of the Services; or (d) Any dispute between Member and a third party related to the Services.
13.2 Indemnification by Nest Protect LLC: Nest Protect LLC agrees to indemnify and hold harmless Member from and against any and all claims, losses, damages, liabilities, costs and expenses (including, but not limited to, attorneys' fees) arising out of or relating to:
(a) Nest Protect LLC's breach of these Terms and Conditions; (b) Nest Protect LLC's negligence or willful misconduct in the performance of the Services; or (c) Any injury to persons or property arising directly out of Nest Protect LLC's performance of the Services.
13.3 Indemnification Procedure: The party seeking indemnification shall promptly notify the other party of any claim for which indemnification is sought. The indemnifying party shall have the right to control the defense and settlement of such claim, provided that the indemnifying party shall not settle any claim without the prior written consent of the indemnified party, which consent shall not be unreasonably withheld.
ARTICLE 14: ENTIRE AGREEMENT
14.1 Entire Agreement: These Terms and Conditions, along with any exhibits, schedules, or attachments hereto, constitute the entire agreement and understanding between Nest Protect LLC and Member with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
ARTICLE 15: SEVERABILITY
15.1 Severability: If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be struck from these Terms and Conditions and the remaining provisions shall remain in full force and effect. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid and enforceable provision that comes as close as possible to expressing the intention of the invalid, illegal, or unenforceable provision.
ARTICLE 16: WAIVER
16.1 No Waiver: No waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any other provision or of any subsequent breach.
ARTICLE 17: SUBCONTRACTING
17.1 Right to Subcontract: Nest Protect LLC reserves the right to subcontract any or all of the Services to qualified third-party service providers. Nest Protect LLC shall remain responsible for the performance of the Services and for the acts and omissions of its subcontractors.