Service Terms and Conditions
Carefully read the general terms and conditions below. By accepting any quote or otherwise agreeing to have any service performed by Halftime Help, you agree to these Terms and Conditions.
Terms and Conditions ("Contract")
The (“Owner”) is the person or entity requesting services be performed. Owner identified above authorizes Get In The Game, L.L.C. dba Halftime Help (“Contractor”) to perform the services described above (the “Work)” at the address identified above (the “Premises”) subject to the terms and conditions below (“Contract”). The person clicking “Accept” represents that he or she accepts and agrees to the Contract, owns the Premises or is authorized to enter into this Contract. If you do not agree, understand, and agree to be bound by this Contract you should not sign nor click “Accept” or any button with similar descriptive language.
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ADDITIONAL WORK: Additional Work or changes in specifications of any portion of the Work must be agreed upon in a mutually signed modified work authorization. Contractor may subcontract any portion of this Contract.
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ESTIMATES: Any estimate provided to Owner by Contractor will be valid for 7 days from date of issue, unless otherwise stated. Contractor will make reasonable attempt at thoroughly and accurately estimating costs associated with the Work based upon information provided by Owner. For certain services, Contractor may use a time and materials approach to constructing estimates and will make best efforts to determine the estimated level of cost(s) and effort to complete the Work. Unless otherwise stated or mutually agreed upon, final job costs will reflect the total labor hours required to complete the work (rounded upward to the nearest 15-minute increment) and any associated material charges, inclusive of any applicable minimums. All labor service estimates require a minimum hourly labor charge of 1 labor hour per person or 75% of the total estimated labor hours, whichever is greater.
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RECURRING SERVICES: The parties hereby agree that these terms and conditions shall remain valid and enforceable for all subsequent Work accepted by Owner as routine, recurring or with similar descriptive language indicating repeating intervals, unless otherwise amended by Contractor. Seasonal and annual programs will automatically renew for future periods of service unless otherwise cancelled by Owner.
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SERVICE DISCOUNTS: From time to time and at Contractor’s sole discretion, Contractor may offer service discounts to eligible Owners. Unless otherwise stated, service discount offers expire in conjunction with the accompanying quote and are revocable prior to Owner’s acceptance of quote. In the event of service cancellation in-part or in full, Contractor reserves the right to revoke applied and future service discounts and at its sole discretion and to charge Owner retroactively for prior, accrued discounts involving bundled or recurring services delivered in-part. A maximum discount of 20% shall apply to any service, whole or in-part, unless otherwise expressly agreed upon in writing by Owner and Contractor. Owner agrees to provide and maintain a valid credit card on file to qualify and maintain eligibility for service discounts.
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JOB STAFFING: Unless otherwise specified and mutually agreed upon, Contractor reserves the right to staff the Work as it deems necessary and appropriate. Contractor will make reasonable efforts to inform Owner of material changes to staffing plans if deemed appropriate by Contractor.
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REFUSAL OF SERVICE: Contractor reserves the right to refuse service, in whole or in-part, in accordance with applicable federal and state laws regarding protected classes. Reasons for denial of service include, but are not limited to: matters of safety, job location, availability, inexperience, Owner difficulty or rudeness, unreasonable requests, customer payment history, abuse or combination thereof.
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QUALITY OF WORK: All Work will be completed in a workmanlike manner in conformity with customary industry practices (THIS DOES NOT MEAN “ZERO DEFECTS”) using current techniques and materials. All Work specifically excludes concealed conditions. Any color, style, or quality selections and/or Work decisions that are made verbally by the Owner are the Owner's responsibility, and Contractor shall not be liable for Owner's decisions or judgment. Contractor shall remove all job-related materials from Premises and leave same in a broom-clean condition upon completion of Work.
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SERVICE STANDARDS: Unless otherwise specified and agreed upon, Contractor commits to material completion of the Work and Owner agrees to default Contractor standards, quality and judgment applied to the Work. Contractor reserves the right to charge Owner for unexpected or additional work resulting from materially understated or excessive conditions in order to meet reasonable service, condition, performance or appearance standards. Any collected debris will be left at Premises unless accompanied by waste disposal service. Contractor will make reasonable efforts to accommodate Owner preferences or minor requests but makes no guarantees for the same. Contractor assumes no responsibility, nor liability, for any continuing upkeep, maintenance, condition and performance required following completion of the Work.
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WORK CONDITIONS: This Contract is based upon, and Owner shall provide, clear and continuous access for all work on a concurrent, unscheduled basis, during the timeframe scheduled with Owner for completion of the Work. Owner is responsible for resecuring work area once Contractor has left the Premises. If Contractor arrives at Premises without proper access, Contractor reserves the right to charge Owner for the full service or a trip charge of up to $75, whichever is less. Owner’s electric and water are to be made available for Contractor’s use during the process of the Work at no cost to the Contractor. Owner agrees to be present during all onsite work unless otherwise stated and agreed to with Contractor upon scheduling the Work; however, Owner may comply with the foregoing condition by supplying Contractor with remote access or a Premises key. Contractor assumes no liability for unauthorized entry. Unless otherwise mutually agreed upon by Owner and Contractor, Owner presence is required at the beginning of the Work to confirm service tasks, priorities and preferences. Owner presence is required at the completion of the Work for final walk-through and approval. If Owner is not present upon completion of the work, then Owner waives right to approve and accepts standards as applied and work as is.
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CANCELLATION OR POSTPONEMENT: Contractor recognizes that from time to time, unexpected events and/or unforeseen circumstances can result in the need for rescheduling service appointments. Contractor will make reasonable attempts to accommodate Owner’s requested scheduling preferences on an availability basis. Contractor reserves the right to charge Owner additional administrative fees for unreasonable or repeated postponements and rescheduling requests. Owner shall make best efforts to give Contractor as much notice as possible for service appointment cancellations. Service appointment cancellations can be made without penalty by providing reasonable advance notice, notwithstanding any related costs incurred by Contractor prior to the cancellation. Owner is liable for any, and all related material(s), labor, equipment, administrative or other costs incurred by Contractor prior to any service appointment cancellation.
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COMPLETION DATE: Contractor agrees to diligently pursue Substantial Completion of the Work but shall not be held liable for delays due to late deliveries, weather, or any other condition beyond Contractor's reasonable control. Owner shall not delay the Work and agrees to avoid interrupting or interfering with Contractor's employees or subcontractors while they are performing the Work. Substantial Completion is the date when Work is sufficiently complete as determined by Contractor.
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HAZARDOUS SUBSTANCES: During the course of the Work should the contractor encounter any Hazardous Substances (asbestos, chemicals, gas or the like) or unsafe condition, Contractor may halt the work. Should the Work be halted for more than one week for this reason, or for any other reason whatsoever, Contractor may terminate this Contract and Owner agrees to pay Contractor for all Work performed to date as determined by the Contractor's reasonable estimate and any additional costs occasioned by the discovery and disposal of, and decontamination due to, said Hazardous Substance. Owner shall inform Contractor of the presence of any Hazardous Substances or unsafe conditions on or about the Premises and does hereby indemnify and agree to hold harmless Contractor from any and all claims by any person arising from the existence of and/or exposure to the Hazardous Substances or unsafe conditions.
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OWNER OBLIGATIONS: Owner is responsible for providing complete and accurate information pertaining, but not limited to, service and/or delivery address, contact information, relevant information and conditions related to the service(s) requested. Contractor reserves the right to revise incorrect or incomplete information, including any related impacts to service price, materials and service delivery costs. Owner is liable for any costs incurred by Contractor resulting from reliance upon data and/or information that is deemed to be materially incorrect or incomplete. Owner is responsible for obtaining any and all approvals needed from any Home Owner’s Associations, neighborhood associations, groups, or corporations as required. Owner shall make Owner selections, if any, within Contractor designated time frames so as not to interfere with Contractor's Work or Contractor's schedule. In the event Owner fails to make Owner selections as agreed, Owner specifically authorizes Contractor to make the required selections and understands and agrees to be bound by the selections. Thereafter, the Contractor selections can only be changed by signed work authorization.
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WORK AREA: Owner is responsible for ensuring a reasonably clean, dry, safe and tidy work area. Prior to any service, Owner is responsible for removing or clearly marking all existing and potential hazards, obstacles, obstructions or infrastructure that would otherwise impede Contractor’s ability to complete the Work to include, but not limited to trip and fall risks, utility lines, irrigation lines, sprinkler heads, pet fence lines, hoses, plumbing and sewer infrastructure, trampolines, playsets, safety hazards and any other obstacles in, or around, the Premises. Contractor will use reasonable efforts to identify unmarked hazards, obstacles, obstructions or infrastructure; however, Contractor is not responsible for any related damage caused from Owner’s failure to remove or clearly mark the same. Contractor reserves the right to charge Owner to remove pet waste, toys, equipment, trash or debris from the Work area in order to complete the Work. Owner shall keep pets inside Premises or otherwise away from Work area during the entirety of the Work. Large or heavy items on Premises will not be moved during Work unless otherwise agreed upon by Owner and Contractor. Contractor will take reasonable precautions when moving Owner’s items but is not liable for any consequential damages to property. Owner is responsible for informing Contractor of nuances of Premises that would preclude Contractor from maneuvering required equipment to all applicable work zones. If Contractor is unable to perform the Work upon arrival due to Owner’s failure to perform the Work Area obligations in this provision, Contractor reserves the right to charge Owner the full cost of the service or a trip charge of up to $75, whichever is less.
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CONTRACTOR OBLIGATIONS: Contractor will complete the Work as stated and agreed upon in the accepted work authorization. With respect to moving services, Contractor only provides labor for loading, unloading and rearranging furniture and household goods unless otherwise agreed upon in writing. Owner is responsible for packing, preparing, protecting and securing property prior to Contractor moving Owner’s property. Contractor will take reasonable precautions and employ reasonable efforts to protect Owner's property while loading, unloading or moving but is not liable for damages resulting from inadequately packed, prepared or protected property.
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PAYMENT: Owner agrees to pay the Contractor upon delivery of the Work and receipt of invoice from Contractor. Owner hereby agrees to pay Contractor in full and Owner agrees to pay Contractor's standard and/or reasonable invoice for appointments cancelled too late or missed by Owner. Should Owner desire to terminate Contractor's services hereunder, owner shall pay Contractor for all Work performed to the date of termination including all materials delivered for the Work. Payments are due upon receipt, however; for Owner’s convenience, Contractor has included a grace period extending 7 calendars days from the date of service completion. Upon expiration of the grace period, Owner acknowledges the forfeiture of all discounts and promotions, as well as the inclusion of late fees totaling $25 per outstanding invoice. Additional late fees of $1 per day, per invoice, will accrue and be charged to Owner for each calendar day the invoice remains unpaid. Contractor may, at its sole discretion, waive late fees in consideration of valid payment disputes, reasonable delays in payment delivery, legitimate circumstances or other reasons it deems reasonable and appropriate.
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PAYMENT INFORMATION: Owner grants Contractor authorization to collect and store payment information within Contractor’s business systems. Unless otherwise agreed to by Contractor, Owner also authorizes Contractor to utilize stored payment information to process payments for services rendered upon expiration of the payment grace period.
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OVERPAYMENTS: Unless otherwise specified by the Owner, payment amounts exceeding the balance due will be deemed as gratuity and distributed as deemed appropriate by Contractor.
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TEXT COMMUNICATION: Owner hereby authorizes Contactor to communicate with them via text messages for purposes including, but is not limited to, informational messages, service updates, account or service related notifications, general inquiries and other communications deemed relevant by the Contractor. Owner expressly consents to receiving text messages from Contractor and acknowledges that standard text messaging rates and carrier fees may apply, and that Owner is solely responsible for any such charges incurred.
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DEFAULT: In the event Owner is in default of any of his obligations hereunder, Contractor may, at its option, choose from the following remedies, which are cumulative. The selection of any remedy does not preclude the selection of others or any other remedy at law or equity. If Contractor consults with an attorney for collection or otherwise, then in addition to all sums due hereunder, Owner agrees to pay all costs incurred by Contractor, including reasonable attorneys’ fees. In addition, upon Owner’s default, Owner agrees to forfeit all applied discounts and/or fee reductions and pay all costs incurred by Contractor (including reasonable attorney's fees): (A) Contractor may cease all Work and, upon written notice to Owner, terminate this Contract. In such event, Owner hereby grants Contractor a right of re-entry to the Premises for the purpose of removing any materials delivered to the Property under this Contract; and/or (B) Contractor may assert a lien for services pursuant to Colorado law. In such event, Contractor shall be entitled to all amounts provided by statute, case law, and this Contract, and Contractor may proceed to collect all monies owed through civil proceedings. In such event, the parties agree that it would be difficult to determine the actual other additional damages Contractor would suffer as a result of Owner's default and that $2,500.00 in liquidated damages is a reasonable amount for such other additional damages, all circumstances considered. Therefore, in addition to all sums owing Contractor and other damages expressly provided for in this Contract, Owner agrees to pay Contractor, as liquidated damages for such other additional damages, the additional sum of $2,500.00.
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CHANGES TO TERMS AND CONDITIONS: These Terms and Conditions may be modified by Contractor at any time without notice to Owner. Owner agrees to modified Terms and Conditions by clicking Accept prior to engaging in any subsequent Work with the Contractor.
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DATA COLLECTION: Owner grants Contractor right to collect, store and use all communications and interaction records, pictures, videos and other media shared between Owner and Contractor in relation to the Work and for any purpose in accordance with applicable laws.
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VENUE: This Contract shall be governed by, construed and enforced in accordance with the internal laws of the State of Colorado, without giving effect to principles and provisions thereof relating to conflict or choice of laws and irrespective of the fact that any one of the parties is now or may become a resident of a different state. The parties hereby consent to the personal jurisdiction of the competent courts of Denver County, State of Colorado. If any legal or equitable action arises relating to the enforcement of this Contract, the prevailing party shall be awarded all court costs, expenses, and reasonable attorneys’ fees.
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ENTIRE AGREEMENT: This Contract constitutes the entire agreement of the parties and no oral representation is a part hereof unless the same is in writing signed by both Contractor and Owner. Owner and Contractor agree that the terms of this Contract shall be binding upon their heirs, assigns, legal representatives and upon any person claiming by, under or through them, their agents or attorneys. If any provision of this Contract becomes or is found to be illegal or unenforceable for any reason, such clause or provision must first be modified to the extent necessary to make this Contract legal and enforceable and then, if necessary, served from the remainder of the Contract to allow the remainder of the Contract to remain in full force and effect.
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Contacting Us
If you have questions, concerns or complaints regarding these Terms & Conditions, we encourage you to contact us at compliance@halftimehelp.com
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This document was last updated on February 6, 2024