Terms of service
These terms and conditions are between Haus Call (Producer or Haus Call) and the Client (Client) with respect to use of this Website and services to be rendered by Producer for Client (Service.) Haus Call may in its sole discretion, change or modify these terms at any time, with or without notice. If you are not satisfied with the terms contained in this agreement, you may simply refrain from using this Website and/or Service. By your use of the Website and/or Service, you agree to comply with all of the terms and conditions below.
SERVICE SCOPE: Producer shall provide home services that may include interior styling, organizing, shopping, flower decorating, concierge services, and party planning as required, on or off Client's premises. Producer's services do not include contractor services, landscape design, architecture, or repair services. Producer may contract or consult third party companies and/or professionals for services such flower design consultants, professional chefs, cleaning companies, catering companies, interior designers, and others (Consultants.) Client acknowledges that project deadlines are subject to the vagaries of the marketplace and the performance of third parties.
SERVICE REQUEST AND PROJECT ESTIMATE: Client will submit a Service Request to Producer through the Haus Call Website. Producer may require that Client supply additional details relating to a Service Request before calculating an estimated fee for the Service (Project Estimate.) Delays in Client replies may delay project timing and/or availability of services. Based on information collected from the Client, Producer will email Client a Project Estimate.
ACCEPTANCE OF SERVICE: Once Client receives a Project Estimate, Client will have up to 3 days, but no less than 72 hours prior to project start date, to either accept or decline the service. For acceptance, email approval followed by full payment of Project Estimate is required to initiate the project. No Service will be begin until Haus Call receives approval and full estimated advance payment.
ADVANCE AND PRODUCER FEES: Producer shall be compensated for Service with a package rate and/or hourly fee. All hours or partial hours Producer is working on and/or for the project will be considered Production Fees. Upon acceptance of the Project Estimate, Client will pay Haus Call a non refundable advance for Production Fees in the amount specified in the Project Estimate, which constitutes the minimum fee due to Producer for Services. The advance will be credited against hourly fees otherwise payable by Client to Producer at completion of project. All Production Fees are non refundable.
PURCHASING ITEMS OR THIRD PARTY SERVICES: Full deposit is required for each item or Consultant service and only upon receipt of full deposit will Producer facilitate purchase. Producer may arrange delivery and installation of Producer-purchased groceries, flowers, home goods and other items purchased on behalf of the Client for the project. When practical, Producer will present Specification to Client for Client to purchase direct from vendor. Client is wholly responsible for all items purchased by the Client.
REFUNDS & CANCELLATIONS: Once purchased, most items cannot be returned or cancelled, therefore requests to do so will be assessed on a per-item basis with no guarantee of return or cancellation; custom items cannot be cancelled or returned. Requests for returns and cancellations will be billed hourly. Producer Fees and reimbursable expenses are non-refundable, even when associated with a return or cancellation.
NO PRICE GUARANTEE: Producer cannot guarantee prices of merchandise or services not performed by Producer. Vendor pricing is subject to change and out of the control of Producer.
REIMBURSABLE EXPENSES: Client agrees to reimburse Producer for out-of-pocket expenses actually incurred by Producer or Producer's staff in relation to the project, including but not limited to, postage and handling, delivery and relevant incidental costs.
PAYMENT: All payments will be paid through Haus Call's online credit card/payment processing. Advance payment of Production Fees relating to Project Estimate are due before commencement of project. Payment for items, Consultant services, and additional Production Fees are due before Producer facilitates such item purchases or services. Reimbursable expenses are due upon receipt of invoice. Invoices more than 14 days past due will accrue a 10% late fee per month and all work will cease until invoice is paid. Producer shall be entitled to withhold Service or delivery of any item or Consultant service purchased on behalf of Client should Client fail to make any payments due to Producer as specified here.
CONTRACTORS & CONSULTANTS: If project requires Consultants to perform work based on Producer's concepts, Client will not enter in a contract directly with each Consultant. Producer provides no warranty, guarantee, certification, or responsibility for the performance, quality, or timely completion of any work performed or materials installed by Consultants, nor their agents or employees. Producer shall cooperate with and observe Consultants for the purpose of general conformity of the service plan but is not responsible for their oversight.
PERMITS: Client is responsible for permitting and or any and all approvals and compliance required by any governmental agency.
INSURANCE: Client is required to have insurance coverage for any of Client's possessions that remain on premises including all furnishings and materials during handling, moving, storage, and installation. Client is responsible for ensuring that their insurance coverage is sufficient per this agreement. Producer will not be held responsible for Client's inadequate insurance coverage.
LIABILITY: Producer shall not be liable for and Client shall not indemnify Haus Call or Producer against injury, loss or damage sustained by Client or by any person who uses the premises. Neither Haus Call, the Producer, Consultants, nor their agents or employees shall be jointly or individually liable to the Client for an amount in excess of the proceeds of the available professional liability insurance coverage. In no event shall Haus Call be liable for any damages including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use the materials on Haus Call’s Website.
INDEMNITY: You agree to indemnify and hold Haus Call, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the service, your connection to the service, your violation of the terms of service, or your violation of any rights of another.
PHOTOGRAPHS & PUBLICITY: Client agrees to allow Producer and/or Producer's representatives to photograph project during all stages of project 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. Producer will not disclose address or Client’s name without prior consent. Costs of photographs and publicity are the responsibility of the Producer. Additionally, if Client or Client's agents document the project, Haus Call shall be given credit as the producers if documentation is released publicly.
USE OF THE WEBSITE: You may not reproduce, create derivative works from, modify, or otherwise exploit this Website or any portion of its content unless expressly permitted by Haus Call in writing. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information regarding the Service is inaccurate at any time.
TERMINATION: Producer or Client can terminate this agreement by notifying the other party in writing. Client will be responsible for any outstanding reimbursable charges, Consultant fees, hourly fees, and Production Fees. All in-process proposals and orders will be completed by Producer and delivered to Client at hourly rate. If a balance remains in Client’s account, the amount will be refunded less any outstanding reimbursable charges, Production Fees, or other fees. Client agrees to take no action which is intended, or would reasonably be expected, to harm Haus Call’s or Producer's reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Haus Call or Producer. Haus Call reserves the right to refuse service, terminate accounts or projects, and/or cancel orders at its discretion, at any time, with or without notice, including, without limitation, for conduct that is in breach of these terms, for conduct that Haus Call believes is harmful to its business, or for conduct where the use of the service is harmful to any other party.
DISPUTES: All disputes arising from this Agreement shall be resolved by binding private arbitration in New York, New York with each party to bear its own fees and costs. This agreement is governed by New York law.
HAVE FUN: Haus Call strives for the most comfortable, enjoyable, and transparent production experience possible. We require open communication and honest feedback.