Terms and Conditions (updated 9/16/2023)
1. By signing the Agreement, for the Project, Homeowner represents that Homeowner has read and understands the Agreement, and agrees to abide by the Terms and Conditions set forth herein and Scope of Work set forth in Appendix A hereto.
2. This Agreement constitutes the entire agreement and understanding between Everyday Upkeep and Homeowner. This Contract supersedes all previous proposals, representations, understandings and communications between EVERYDAY UPKEEP and Homeowner, whether written or oral. Homeowner is not relying on any oral representations of EVERYDAY UPKEEP or its representatives.
3. Any changes to this Agreement must be made in writing and signed by both Homeowner and EVERYDAY UPKEEP.
4. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. The parties agree to attempt to resolve any dispute arising from this Agreement through good faith negotiation. If the parties are unable to resolve the dispute within 30 days, either party may bring a claim in magistrate court or Allegheny County Court of Common Pleas. This provision does not preclude or restrict EVERYDAY UPKEEP’s mechanic’s lien rights.
5. This Agreement must be accepted in writing by both parties within thirty (30) days or the prices given may no longer be valid.
6. EVERYDAY UPKEEP is a service company that does not provide or supply materials. EVERYDAY UPKEEP will have some standard items on hand, however, Homeowner is responsible for providing all materials and supplies necessary to complete the Scope of Work. Specifically, Homeowner will need to supply any materials needed to match their existing aesthetic, for instance colored caulking, particular paint colors, non-standard molding, etc. If necessary materials are not on-hand for a scheduled visit, Homeowner is still responsible for the full rate of the visit.
7. The work performed by EVERYDAY UPKEEP generally does not require permits. However, any permits required will be the responsibility of Homeowner.
8. EVERYDAY UPKEEP may refer other professionals for work beyond the scope of EVERYDAY UPKEEP’s services. These professionals are not employees or subcontractors of EVERYDAY UPKEEP and EVERYDAY UPKEEP is not responsible for any work performed by referred professionals. Homeowner should contract directly with referred professionals for this additional work.
9. Other than the Basic Upkeep package, payment is due either monthly or upon completion of scheduled visit, depending on the agreed upon terms. Monthly plans require a 20% deposit in order to schedule first appointment. Any additional payment for Upkeep Additions will be due upon competition of service. EVERYDAY UPKEEP may keep a credit card on file through its third party service, Jobber. Homeowner agrees that EVERYDAY UPKEEP may charge the credit card on file upon the completion of service. If for any reason the credit card on file is declined, Homeowner agrees to provide alternative card information or provide alternative payment within 24 hours’ notice. Late payments will result in a $50 charge per additional day and may be turned over to collections.
10. Homeowner will be charged 3.0% convenience fee for use of credit card for payment. Homeowner may alternatively elect to pay by check. There will be a $35 fee charge for all checks returned for insufficient funds.
11. Homeowners selecting a package beyond Basic Upkeep are agreeing to schedule a number of visits per year, based on the package selected. If Homeowner elects to cancel or downgrade a package, Homeowner will immediately be invoiced the full per visit rate for all previous visits not yet paid in full under monthly plan. At that time, Homeowner can chose to enter into a new Agreement with EVERYDAY UPKEEP for the package of their choice.
12. This contract does not renew automatically. Homeowner’s scheduling of a new visit beyond the original term shall be deemed a renewal of the term under the same terms and conditions.
13. Unless otherwise communicated in the case of an Upkeep Addition or an unforeseen circumstance, Homeowner will schedule a visit for an agreed upon date and time and all work will be completed on that day.
14. Homeowner agrees to provide EVERYDAY UPKEEP with safe access to the property on the agreed upon date and time. If EVERYDAY UPKEEP cannot access the property due to Homeowner’s failure to provide access, obstructions or hazards in the work area, or excessive ice and snow, Homeowner will be charged the full rate for the visit.
15. Homeowner is responsible for containing any animals at the property during each scheduled visit. If EVERYDAY UPKEEP cannot perform its work due to an aggressive or intrusive pet, Homeowner remains responsible for the full rate of the visit.
16. Appointments may be rescheduled by contacting EVERYDAY UPKEEP 72 hours or more prior to scheduled appointment. Appointment rescheduled or canceled with less than 72 hours’ notice will result in inconvenience fee up to the full rate of the visit.
17. Upon request of Homeowner, EVERYDAY UPKEEP may perform maintenance on existing fixtures and/or appliances. EVERYDAY UPKEEP will use reasonable care while working with such items, however, Homeowner acknowledges that such items may be beyond repair or unable to withstand repair. EVERYDAY UPKEEP is not responsible for damage to Homeowner’s fixtures and/or appliances resulting from their existing condition and limited life.
18. EVERYDAY UPKEEP does not provide call-out or emergency services of any kind and such services are not included in this Agreement. All visits must be scheduled at least a week in advance of service.
19. EVERYDAY UPKEEP does not store any personal information and uses Jobber for all dispatch and payment processing. Jobber uses a third-party service that is independently certified to store sensitive personal information such as credit card and banking information. Your billing details are transferred over an encrypted (SSL) connection to this third party, and all transactions happen directly through them.
20. The determination of the presence of any hazardous material or pollutants (i.e. asbestos, molds, acids, etc., excluding lead in pre 1978 houses) is solely the responsibility of the Homeowner. EVERYDAY UPKEEP has not made and is not required to make any determination of whether the premises contains or is free of hazardous material or pollutants. The building owner warrants and represents that there are no hazardous materials or pollutants present in the area to be disturbed by this construction project. Should hazardous material or pollutants, excluding lead in pre-1978 houses, be discovered at any time, it will be the Homeowner’s responsibility to: provide any and all testing; have material properly removed and disposed of; pay EVERYDAY UPKEEP for any and all work completed as of the time of discovery; and indemnify EVERYDAY UPKEEP for any injuries or damages incurred by EVERYDAY UPKEEP or third-party as a result of said hazardous material or pollutants.
21. EVERYDAY UPKEEP has a commercial liability insurance policy in good standing at all times. Homeowner shall maintain a homeowner’s insurance policy in good standing for the entire duration of the Project. By signing this Agreement, Homeowner represents and guarantees to EVERYDAY UPKEEP that Homeowner has a homeowner’s insurance policy and/or commercial liability policy covering the property in good standing and Homeowner will keep that policy current throughout the Project.
22. Events beyond the control of EVERYDAY UPKEEP could delay the start or completion of the Project. Some examples of such delays are (but not limited to): inclement weather, natural disasters, and staffing shortages. EVERYDAY UPKEEP will not be responsible for damages resulting from any such delays.
23. Homeowner agrees that EVERYDAY UPKEEP may display a yard sign while working at the Property.
24. Homeowner agrees to allow EVERYDAY UPKEEP to photograph project during all stages of work, including when project is complete. Photographs will be used for business purposes, including, but not limited to: press, publications, online, social media, marketing, advertising, and print. Any photographs used for business purposes will not include any personal identifying information. Homeowner further agrees that EVERYDAY UPKEEP may use any review submitted by Homeowner for the same business purposes.
25. You, the Homeowner have a three day right to cancel this home improvement contract. To cancel this Agreement, you must present a representative of Everyday Upkeep with written notice of cancellation within three days (72 hours) of signing this Contract.
26. The toll free phone number for the Pennsylvania Bureau of Consumer Protection is (888) 520-6680.
27. EVERYDAY UPKEEP carries $1,000,000.00 in both personal injury and property damage insurance. Proof of our insurance will be furnished upon request.
Appendix A:
Scope of Work:
EVERYDAY UPKEEP will complete the following items during a Standard Visit to your home. This includes:
Health & Safety Checks:
Identify readily apparent moisture or mold issues (attics and basements)
Clean grout and caulk of dirt, mold
Install grab bars, railings; tighten railings to reduce fall risk
Check functionality of window lock and seal
Door lock replacement and lubrication, install keyless entry
Exhaust fan replacement
Assess insulation
Fire and Carbon Monoxide Monitor Install, Checks
System Functionality Tests
Light electrical: check electrical service and box, replace malfunctioning outlets, LED Conversions
Light plumbing: check and remediate all faucets and shut-offs with drips; toilet swaps and part replacement
Appliance checks: functionality confirmed, cleanouts conducted (lint traps, dishwasher traps)
Security camera functionality check
Garage door lubrication, track and lighting check
Window and sliding door track cleanouts, lubrication
Aesthetic Repairs
Re-caulk or paint trim, crown molding, baseboards, railings
Touch-up painting for paint chips, scratches, pet marks
Replace cracked floor or shower tiles, grout sealing and repair
Install toilet paper holders, towel racks, pictures and shelving
Check and aesthetic remediation of foundation and building facade settling, mortar joints, small pest nest removal
Replace, clean HVAC and bathroom exhaust fan vent covers
Replace and patch redundant, unnecessary in-wall wiring
Cord organization, hiding (conduit, in-wall, behind trim)
Consumable Replacements
Light bulb replacement
HVAC filters and thermostat swaps
Appliance air or water filter replacements
Whole house water system filter replacements
Batteries for sensors, security cameras, etc
Upkeep Additions
For memberships above Basic Upkeep, clients can schedule additional services to coincide with or be scheduled in addition to our standard service offering. Upkeep Additions include, but are not limited to: landscape cleanups, childproofing, room painting, security camera installation, power washing, gutter cleanings, window cleanings, closet shelving install, and other items. Upkeep Additions must be scheduled in advance at which time EVERYDAY UPKEEP will notify Homeowner if additional charges will apply based on the scope of work requested. EVERYDAY UPKEEP reserves the right to decline an Upkeep Addition if it is beyond the scope of services provided by EVERYDAY UPKEEP.