CUSTOMER SERVICE POLICIES
Last Updated July 12, 2023
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These Customer Service Policies (“Policies”) are between Its Arranged LLC (“Company”), located at 401 Crabtree Court, Franklin, Tennessee 37069 and you (“Customer”).
In these Policies, Company and Customer are sometimes referred to individually as a “Party” and collectively as the “Parties.”
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These Policies set forth the terms, conditions, and provisions under which Customer desires to hire Company for its professional organizing, move management, home styling, and maintenance services, and Company desires to accept such engagement.
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Therefore, the Parties agree as follows:
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By signing these Policies, the Parties agree to all the terms, conditions, and provisions within these Policies.
1. Scope of Services
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1.1. During the Term (defined below in Section 3.1.) of these Policies, Company agrees to perform the Services outlined in Customer Services Agreement attached to and made part of these Policies. The offer listed within the Customer Services Agreement shall expire 30 days from the date sent to Customer unless the Customer Services Agreement is fully executed by the Parties.
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1.1.1. Both these Policies and the Customer Services Agreement attached to and made part of these Policies may be collectively referred to as “Policies” in this Agreement.
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1.2. The project schedule and estimated completion dates are outlined in these Policies. In instances where additional tasks beyond the agreed-upon Services (defined above in Section 1.1.) are requested, the Parties may create a written amendment to these Policies effective upon the signature of both Parties.
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1.3. Company shall notify Customer if the additional time or staff is needed to perform the Services (defined above in Section 1.1.) exceed the estimates provided within the Customer Services Agreement. Customer understands and agrees that Customer shall be responsible for paying Company for any and all additional time or team members required to complete the Services, whether an additional agreement is executed between the Parties or not. Company will utilize the number of staff reasonably necessary to perform the Services. If move management is part of the Services, Company recommends Customer secure additional liability insurance for Customer’s move.
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1.4. If Customer is not satisfied with performance of the Services (defined above in Section 1.1.) upon reasonable cause, Customer shall notify Company in writing within 7 days of the work being performed and allow Company the opportunity to cure any remaining problems or issues. Failure to notify Company within this deadline shall be deemed acceptance of the Services delivered.
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1.5. In the event Company encounters any property, documents, images, information or other such items which disclose or appear to disclose or involve any illegal or dangerous activity, Company may have a duty to report such information to the appropriate authorities. In any such instance, Customer agrees to hold Company harmless.
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1.6. Customer gives Company permission to take and use photos and videos of Customer projects (without reference to the Customer’s identity or location) for commercial purposes, including use on social media, Company’s website, etc.
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1.7. Any reviews, praises, and/or feedback may be included in testimonials for the sole purpose of promoting Company. Customer gives Company permission to be added to Company's mailing list.
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2. Fees and Billing
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2.1. Company shall charge a fee based on the project proposal provided in the attached Customer Services Agreement. In the normal course of this project, certain ordinary expense items may be incurred, such as, shredding, cleaning, dropping off donations or shopping for products and solutions. In such circumstances, those charges will be reflected on each invoice provided. Any expense which is individually over $50.00 or cumulative expenses exceeding $250.00 are subject to Customer’s prior written or verbal approval. A one time supply fee of $25 is applied to Customer’s initial invoice to cover basic supplies. All product and supply purchases made by Company on behalf of Customer shall be invoiced to Customer.
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2.1.1. Trip charges within the Service Area (within 40 miles of 37069) are as follows: 1-2 individuals, $50.00; 3-4 individuals, $75.00; and 5-6 individuals, $100.00. Trip charges outside of the Service Area will be identified on a project-by-project basis.
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2.2. Customer understands and agrees that an initial Deposit Fee provided in the Customer Services Agreement is due and payable to Company upon receipt. Customer understands and agrees that Company will not begin Services (defined above in Section 1.1.) for the Customer until 100% of the Deposit Fee has been received by Company. Payments made to Company are non-refundable.
2.3. If Customer fails to make any payment to Company by the due date listed on the applicable invoice(s), Company may terminate these Policies and Customer shall be in Default.
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2.3.1. In the event Customer Defaults (defined above in Section 2.3.) or otherwise breaches these Policies, Customer shall be responsible for any and all fees and collection costs incurred by Company, including reasonable attorneys’ fees, collection costs, and other costs. Company reserves the right to charge interest at the highest rate permitted by Tennessee law from due date until the date any outstanding balance is paid by Customer. Customer shall be also responsible for a $50.00 bounced or canceled check fee, if applicable, in addition to all other remedies available to Company under applicable law.
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2.4. Company shall send Customer an itemized invoice every week, detailing the work completed, the cost of any supplies or materials purchased, and any outstanding balance owed to Company.
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2.5. Company assumes no responsibility for any costs incurred by Customer related to these Policies such as, but not limited to business expenses to, during, and from Company's visits to the project property, the purchase of project supplies or materials as may be applicable, and/or equipment or other products or services undertaken as a result of Company's Services (defined above in Section 1.1.) or recommendations.
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2.6. Cancellation of a scheduled appointment must be done in writing within 48 hours prior to the date scheduled. Cancellation of a scheduled date with less than 48 hours notice will be charged 50% of the Deposit Fee (defined above in Section 2.2.).
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3. Term
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3.1. The Term of these Policies shall last 12 months following the Effective Date provided within the attached Customer Services Agreement, unless terminated earlier a provision within these Policies, or by either Party by providing the other Effective Notice (defined below in Section 8.1.) at least 30 days in advance.
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4. Non-Solicitation
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4.1. Both during the Term (defined above in Section 3.1.) and for 1 year following the termination or expiration of these Policies, Customer shall not directly or indirectly solicit or attempt to hire or otherwise compete against Company for employment of any of Company’s officers, managers, employees, vendors, or independent contractor acquired by Company before or during the term of these Policies in the State of Tennessee. Customer understands and agrees that third parties Company engages with to provide the Services (defined above in Section 1.1.) are subject to non-solicitation agreements with Company and their services shall be invoiced to Customer by Company.
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5. Termination
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5.1. Customer understands and agrees that Company shall have the right to terminate these Policies if, in the reasonable opinion of Company, Customer fails to make any payment to Company by the due date listed on the applicable invoice(s), Customer commit multiple acts of unprofessionalism and/or disrespect against Company or any of Company's employees or independent contractors, or Customer violates any material term, condition, or provision within these Policies.
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6. Force Majeure Event
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6.1. Any delay in the production deliverables caused by any civil disturbances, new laws, ordinances, or governmental regulations, acts or omission of public enemies, fires, earthquakes, tornadoes, hurricanes, significant infrastructure damage, power outage, strikes, epidemics, pandemics, outbreaks of communicable disease, viral outbreaks, quarantines, national, or regional emergencies, actions of any governmental authority shall not constitute a breach of these Policies (collectively, “Force Majeure Event”).
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7. Indemnification
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7.1. Customer expressly agrees to indemnify and hold Company harmless for any actions, as between the Parties or any third party, pursuant to or arising out of these Policies, and as to any loss or damage to any data, information, documents, or other property on the premises, in the impacted area or otherwise, except that Company expressly agrees to indemnify and hold Customer harmless for any actions, as between the Parties or any third party, pursuant to or arising out of any intentional misconduct by Company in connection with the Services (defined above in Section 1.1.) performed or to be performed under these Policies. Customer agrees to remove from the impacted area any item, document, data or other property of value or otherwise secure the location of the relevant property.
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8. Effective Notice
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8.1. Notice provided to the Parties shall be deemed “Effective Notice” upon Receipt of the communication by email or mail. In the case of email communications, “Receipt” shall mean the day the email communication is sent. In the case of mailed communications, “Receipt” shall mean 3 days after the communication is mailed.
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9. Representations and Warranties
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9.1. All Parties represent and warrant that they have the authority to enter into these Policies on behalf of themselves and/or the organizations they warrant to represent, there are no contracts, agreements, encumbrances, or liens that prevent the performance of these Policies, and they can perform their respective obligations under these Policies without violating applicable law.
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9.2. Customer represents and warrants that Customer is the rightful owner and/or occupant of the area and premises for, on, or at which Services (defined above in Section 1.1.) are to be performed under these Policies (“Impacted Area”), owner of the miscellaneous property and other effects in the Impacted Area that will be affected by the Services, and that Customer has the right to modify the property, premises and/or contents as requested in these Policies.
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9.3. If Customer directs Company to donate any items or property, Customer represents and warrants that Customer is the rightful owner of such items or property and that Customer has the right to relinquish ownership of such items or property.
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10. Limitation of Liability
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10.1. It is Customer's sole responsibility and obligation to consider and, if Customer so chooses, implement Company's recommendations provided to Customer under this Agreement. Customer understands and agrees that Company shall not be liable for any consequence of Customer choosing to use or implement Company's recommendations provided to Customer under this Agreement.
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10.2. To the maximum extent permitted by applicable law:
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10.2.1. Company shall not be liable for any indirect, consequential, or special damages, including economic loss, loss of profits, loss of business, depletion of goodwill, interest allowed by law, including prejudgment interest, post-judgment interest, court costs,
expenses of any legal action, expert fees, attorney fees, punitive damages, treble
damages, or any similar loss; and
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10.2.2. Company's aggregate liability under these Policies for any event giving rise to any claim or other legal action is limited to the total amount paid for Services (defined above in Section 1.1.) rendered to Customer under these Policies.
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10.3. The provisions in this Section 10. shall survive any termination or expiration of these Policies.
11. Amendments, Assignments, and Delegation
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11.1. Amendments and modifications to these Policies must be made in writing and signed by all the Parties. No Party may assign or delegate its rights or obligations under these Policies without the prior written approval of both Parties. Any attempts to assign or delegate a Party’s rights or obligations under these Policies shall be null and void.
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12. Governing Law, Jurisdiction, and Forum Selection
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12.1. These Policies are entered into and partly performable in the State of Tennessee and shall be governed by, and construed in accordance with, the laws of the State of Tennessee without regard to conflict of law principles. All Parties consent to the jurisdiction of the federal and state courts serving Davidson County, Tennessee, and the Parties agree that any legal proceeding arising out of or in connection with these Policies must be brought solely in the federal or state courts located in Davidson County, Tennessee. Both Parties waive objections based on lack of jurisdiction or forum non-conveniens to the exercise of Tennessee federal and state courts’ jurisdiction over the Parties.
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13. Integration, Binding Effect, and Severability
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13.1. These Policies represent the entire understanding between the Parties and supersedes any prior oral or written statements regarding the terms, conditions, provisions, and subjects within these Policies. These Policies shall bind the Parties and any permitted successors, heirs, assigns, executors, and administrators. If any provision within these Policies is deemed unenforceable by a court of competent jurisdiction, that provision is deemed severable, and the remaining provisions shall remain in effect.
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14. Electronic Signatures and Execution of Counterparts
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14.1. These Policies may be signed by electronic or digital signatures. These Policies may be executed in any number of counterparts, in physical or digital form, each part of which shall be an original, and all of which shall together constitute the same, single instrument.
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By signing the Customer Services Agreement, to which these Services Policies are incorporated into and made a part of, the Parties have manifested their intent to be bound by these Policies as of the Effective Date provided within the Customer Services Agreement.
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