Last Updated: 03/12/2025

1. Definitions

  • “Service” refers to the home maintenance services provided on an annual subscription basis by Upkeepistry.
  • “Subscriber” or “Homeowner” refers to the individual or entity that subscribes to the Service.
  • “Property” refers to the residential premises of the Subscriber where the Service is rendered.
  • “Access Hours” refer to the time period from Monday through Saturday, between 7:00 AM and 7:00 PM.
  • “Peak Period” refers to the summer months (approximately April through October) during which a significant portion of heavy maintenance work is performed.

2. Subscription Term and Payment

  • Subscription Term: The Service is provided on a one-year subscription basis. Payment is due in advance on the 1st (first) day of each month, covering the full annual term.
  • Billing: The Subscriber authorizes Upkeepistry to charge the designated payment method for the subscription fee. Timely payment is required for the continuation of services.
  • Cancellation and Early Termination:
    • Annual Commitment: The Subscriber commits to a full year of service. Cancellation before the end of the subscription term will be subject to an Early Termination Fee as detailed below.
    • Early Termination Fee: Should the Subscriber elect to cancel the subscription before the end of the one-year term, an Early Termination Fee will apply. This fee is designed to cover the costs associated with scheduling, resource allocation, and preparation for the peak service period, and will be calculated on an hourly basis of all work completed at $65 hr less any fees paid.
    • Non-Refundable Commitment During Peak Period: In recognition of the significant work performed during the Peak Period, the Subscriber acknowledges that cancellation requests received during these months (i.e., April through October) will not result in any pro-rated refund for services rendered, and the full annual fee remains due.

3. Scope of Services

  • Service Description: Upkeepistry will provide home maintenance services, including but not limited to cleaning, minor repairs, landscaping, and general upkeep as outlined in the Service Agreement.
  • Service Modifications: Upkeepistry reserves the right to modify the services with prior notice to the Subscriber.

4. Access to Property

  • Permitted Access Hours: The Subscriber agrees to provide Upkeepistry or its authorized personnel access to the Property Monday through Saturday from 7:00 AM to 7:00 PM.
  • Emergency Access: In cases of emergency, Upkeepistry may access the Property outside of the permitted hours after making reasonable efforts to contact the Subscriber.
  • Unrestricted Access: The Subscriber agrees that Upkeepistry may use all relevant and necessary parts of the Property (including driveways, backyards, and other external areas) to complete scheduled services.

5. Authorized Use of Utilities and Property Features

  • Utility Access: The Subscriber grants permission for Upkeepistry to use electrical outlets, water sources, and other utilities as necessary to perform maintenance tasks.
  • Equipment and Materials: Upkeepistry reserves the right to use hoses, power tools, and any other equipment required to complete the Service.
  • Other Provisions: The Subscriber agrees not to impede the performance of the Service by restricting access to areas essential for maintenance, such as storage closets, utility rooms, or other areas containing service-related infrastructure.

6. Homeowner Responsibilities

  • Preparation: The Subscriber is responsible for ensuring that the Property is ready for maintenance, including removing personal items or obstacles that might hinder service completion.
  • Security and Liability: The Subscriber must secure any valuables and notify Upkeepistry of any specific areas that should be treated with additional care.
  • Notification: The Subscriber shall inform Upkeepistry of any hazards, pets, or security systems that may affect the Service delivery.

7. Limitations of Liability and Indemnification

  • Service Limitations: While Upkeepistry will take every reasonable precaution to avoid damage to the Property, the Subscriber acknowledges that incidental or minor disruptions may occur.
  • Indemnity: The Subscriber agrees to indemnify and hold Upkeepistry harmless against any claims arising out of access issues, interference, or failure by the Subscriber to provide the agreed-upon access or facilities.
  • Insurance: Upkeepistry maintains liability insurance for the scope of services provided. Proof of such insurance can be furnished upon request.

8. Termination

  • For Cause: Either party may terminate this Agreement immediately in the event of a material breach by the other party, provided that the breach is not cured within 7 days of written notice.
  • Without Cause: Cancellation by the Subscriber before the end of the annual subscription term is subject to the Early Termination Fee described in Section 2. Non-refundable obligations during the Peak Period ensure that services scheduled during heavy work months remain fully charged.

9. Governing Law and Dispute Resolution

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Idaho.
  • Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10. Amendments

  • Modification of Terms: Upkeepistry reserves the right to amend these Terms & Conditions at any time. The Subscriber will be notified of any significant changes at least 7 days prior to the new terms taking effect.

11. Entire Agreement

  • Integration: These Terms & Conditions, along with any additional policies referenced herein, constitute the entire agreement between the parties and supersede all prior understandings or agreements, whether written or oral.

Disclaimer: This sample Terms & Conditions document is provided for informational purposes only and does not constitute legal advice. It is recommended that you consult with a qualified attorney to review and customize these terms to suit your specific needs and ensure compliance with all applicable laws.