Terms & Conditions
1. Acceptance of Agreement
Your agreement consists of any Service Proposal, approved work orders, these Standard Terms and Conditions, and any Payment Authorization (collectively, the “Agreement”). By signing and returning the Service Proposal, approving any FBG Home Care work order or submitting any work request (in all cases, whether verbally, in writing or electronically), you acknowledge that you have read, understood, accepted, and agree to be bound by these Standard Terms and Conditions. These terms and conditions will govern all work provided to you by FBG Home Care. Any reference in the Agreement to (i) “Client” means all owners of the real property located at the service address in the applicable Service Proposal or work order, (ii) “FBG Home Care” means FBG Home Care, LLC, a Texas limited liability company, (iii) “the parties” means FBG Home Care and Client, collectively, (iv) “Service Proposal” means the written Service Proposal signed by the parties, as may be amended from time to time, (v) “Package” means the applicable package(s) and option(s) selected by Client in the Service Proposal, (vi) “Covered Maintenance Services” means the maintenance services specifically stated as within the Package selected by the Client, (vii) “Non-Covered Work” means any and all work (e.g. labor, goods, equipment, materials) provided by FBG Home Care which is not explicitly stated as a Covered Maintenance Service under the Package selected by Client, (viii) “Work” means Covered Maintenance Services or Non-Covered Work, as the case may be, and (ix) “FBG Parties” means, collectively, FBG Home Care, its affiliates, subcontractors, vendors and each of their respective owners, partners, managers, directors, officers, agents, representatives, consultants, employees, attorneys and insurers.
2. Covered Maintenance Services
The scope of the Covered Maintenance Services is subject to the terms and descriptions contained in your Service Proposal, along with the terms and conditions herein, and may vary depending on the Packages selected by the Client. Client becomes entitled to Covered Maintenance Services after the first payment is received and continues thereafter so long as Client makes timely payments. At signup, Client is required to sign and deliver to FBG Home Care written authorization in the form provided allowing FBG Home Care to auto-debit Client’s specified account, or auto-charge Client’s specified credit card, during the Term in order to cover the amounts due from Client for the Covered Maintenance Services corresponding to their Package (the “Payment Authorization”). All such amounts are due in advance of each calendar month during the Term and will be withdrawn from or charged to Client pursuant to the Payment Authorization on or around the 1st day of each calendar month during the Term (with exception of the first monthly installment, which will be due at the time of sign-up and prorated if sign up occurs mid-month). In the event payment that FBG Home Care is not able to process payments through the Payment Authorization for any reason, Client will be notified. If Client fails to immediately rectify this, the Covered Maintenance Services will be suspended at the end of the applicable month for which such Covered Maintenance Services have been prepaid, which may result in a lapse in Covered Maintenance Services provided to Client hereunder for which FBG Home Care will not be responsible. The applicable rates set forth in the Service Proposal are subject to change upon notice to Client.
3. Non-Covered Work
If Client desires FBG Home Care to provide any Non-Covered Work, it agrees to submit a request electronically through the form found on FBG Home Care’s website, or as otherwise directed by FBG Home Care from time to time. It is within FBG Home Care’s sole discretion whether to perform any Non-Covered Work. If FBG Home Care is willing to provide such Non-Covered Work, it will provide Client with a work order for Client’s approval, electronically through a BuilderTrend account set up for Client, prior to scheduling and/or performing the same. FBG Home Care has no obligation with respect to any Non-Covered Work unless and until Client has signed and returned such work order pursuant to the processes and procedures then in place by FBG Home Care. Upon performing any Non-Covered Work, FBG Home Care will present an invoice electronically to Client through Client’s BuilderTrend account, which amounts are due immediately upon presentment and are separate and above any amounts paid or payable as per the Package. Notwithstanding any failure of the parties to adhere to the above-described processes, Client is responsible for paying for any Non-Covered Work requested or authorized by Client, whether verbally or in writing, at FBG Home Care’s published pricing then in effect
4. Service Hours
The Work provided by FBG Home Care under the Agreement will normally be performed between the hours of 8:00 A.M. to 5:00 P.M., Central Time, Monday-Friday (“Normal Hours”). Any Work requested by Client to be provided beyond Normal Hours, including on weekends or holidays, may be provided by FBG Home Care at its sole discretion and subject to additional charges at its then applicable rates, except as otherwise expressly provided in the Service Proposal.
5. Conditions to Work
FBG Home Care’s service technician must receive full and safe access to the systems subject of the Work, with sufficient working space and access to utilities and all other accommodations reasonably necessary to provide the Work. If these requirements are lacking, or if FBG Home Care discovers abnormal conditions (such as a failure by Client to undertake recommended preventative maintenance and/or adhere to the applicable manufacturer or contractor recommendations) which make scheduled Work no longer practical in its reasonable estimation, or if Client has failed to comply with the requirements of the Agreement or any other agreement between the parties and/or their affiliates (including without limitation the timely payment of amounts owed), FBG Home Care is relieved of all obligations to provide such scheduled Work. Additionally, FBG Home Care is not be responsible for any delay, damage or failure to perform Work for any reason beyond FBG Home Care’s reasonable control (“Force Majeure”), including but not limited to unsuitability of access, labor shortage, equipment failure, unavailability or problems obtaining parts, consumables or supplies, inclement weather, acts of God, strikes, war, terrorism, and Client failures or delays. FBG Home Care cannot guarantee a specific completion date for Work performed hereunder. In the case of Covered Maintenance Services, if a scheduled service is missed due to any extended period of Force Majeure, such Covered Maintenance Services will be resumed as soon as practical after the cause of the Force Majeure has been resolved unless sooner terminated.