terms and conditions

NESTHETIC HOME, LLC – TERMS AND CONDITIONS

1. STANDARD TERMS AND CONDITIONS FOR NESTHETIC HOME, LLC (“Nesthetic”)
Please take some time to review this Agreement. Use of our services constitutes your acceptance of these terms and conditions as our customer (the “Client”). By ordering Nesthetic services by telephone, in-person, e-mail, or website, the Client agrees to the Nesthetic terms and conditions set forth herein.
2. DEFINITIONS
In relation to the proposal, estimate, or quote (the “Proposal”) for services (the “Service”) rendered to the Client by Nesthetic (both the Client and Nesthetic are referred to as the “Parties”, separately the “Party”), the Client accepts the Proposal and the following terms and conditions (the “Agreement”). Nesthetic agrees to provide residential and commercial services (the “Service”) at an address specified by the Client (the “Premises”).
3. DESCRIPTION OF WORK – UNBOXING, ORGANIZATION, AND SHOPPING SERVICES
a. Subject to the terms of this Agreement, Nesthetic agrees to provide residential and commercial unpacking, organizational, and shopping Services to the Client at the Premises.
b. The Service will be for such duties as mutually agreed upon with the Client at the time of booking.
c. The Services include move unpacking, item placement, home organization, and home editing (the review and purging of household items).
d. Other Services not outlined in the Proposal remain separate from the stipulated Services.
e. All Services are carried out by trained organizational specialists (the “Organizer(s)”). Services are supervised. This does not mean that the supervisor/team leader will remain on the Premises during the full duration of Service. Should a team leader not be present as one of the Organizers for the Service, then a supervisor/team leader will inspect the Service rendered by the Organizer(s) before the end of the Service.
f. Nesthetic will always try to accommodate its regular Clients by assigning the same Organizers, should repeat services be rendered for Clients Premises, however Organizer assignment is subject to availability and at Nesthetic’s sole discretion.
g. Should Client require Organizers to operate any in-home appliances, Client accepts and assumes all risk associated with their use.
h. Nesthetic is an unboxing and organizing service, not a cleaning service. Nesthetic Organizers will tidy all areas in which Services are performed, but are not responsible for cleaning unless Organizers caused the need for such cleaning.
4. ALTERATIONS / ADDITIONS TO WORK
a. If the Client requires any additional Services or variations at the time the Service is being performed, the Client must first contact Nesthetic, who will determine in its sole discretion whether such additional Services may be performed. Should Nesthetic approve 3such changes, Client must sign and return updated Proposal prior to start of additional Services.
b. The Client must not request such changes directly from the Organizers. The Organizers are not authorized to agree to any changes to the Service being provided.
5. DURATION OF WORK
a. Hours of Services at Client’s Premises will be in accordance with the established timeline as outlined in the Proposal.
b. Nesthetic Organizers are entitled to an unpaid 1-hour meal break and 15-minute break every two hours during a daily shift.
6. JOB QUOTATIONS – AGREEMENTS
a. The actual price payable by the Client is calculated on actual hours, and number of Organizers, plus the cost of goods.
b. Any price quoted by Nesthetic is an estimate only based on Nesthetic’s experience, without inspection, and based on information provided by the Client. Subject to this clause, quotes are valid for a period of 7 days from the date given.
c. If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by Nesthetic, Nesthetic will provide the Client with the option to pay an increased fee to complete the Service, or pay the quoted amount with mutually agreed upon adjustments to the Service.
7. BOOKINGS
a. The Client may make a booking via email or on the Nesthetic website. Bookings are final only upon written confirmation from Nesthetic.
b. At the time of booking the Client must provide details of any hazards, slippery surfaces, and risks or dangers, located at the Premises.
c. Nesthetic reserves the right not to accept a booking without cause, or for any lawful reason.
d. All areas to be addressed by the Organizers on the day of Services must be mentioned to Nesthetic during the initial consultation or any other means of communication prior to Service start date. Only the items agreed to in the Proposal will be completed, unless otherwise agreed upon in writing by the Parties.
8. RATES ON NON-ACCESS TO PREMISES
a. Hourly Service rates begin upon arrival at Premises at the time detailed in Proposal.
b. Should Organizers be unable to access the Premises, hourly Service rates will still be charged until access is granted.
c. If Organizers arrive after times detailed on proposal, hourly Service rates will not be recorded until such time.
9. ACCIDENTS, BREAKAGE, DAMAGE AND THEFT
a. The Client must inform Nesthetic of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Organizer in writing, within 24 hours of completion of the Service.
b. The Client is not entitled to claim any loss for any incident if the incident is not reported to Nesthetic within 24 hours of completion of the Service.

10. GOOD FAITH
a. The Parties shall use reasonable efforts to ensure the objectives of this Agreement are met and realized.
11. CANCELLATION
a. If this Agreement is cancelled or abandoned for whatever reason, the Client will pay Nesthetic:
i. a pro-rated amount for the Services, including both labor and deliverables, duly completed by Nesthetic in accordance with the provisions of this Agreement, as at the date of cancellation or abandonment;
ii. costs and expenses incurred and/or reasonably and necessarily committed to by Nesthetic in respect of the Services.
b. The Client must provide Nesthetic with at least 48 hours’ notice prior to the time of Service, if they wish to suspend, postpone or cancel the Service for any reason.
c. In the event that such notice has been given, Nesthetic will endeavor to reschedule the Service if required.
d. In the event that the Client does not provide 48 hours’ notice prior to the commencement of the Service, the Client agrees to pay a cancellation fee of $150 for administrative costs and loss in addition to the amounts above.
12. FORCE MAJEURE
a. NESTHETIC WILL NOT BE LIABLE FOR ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT WITHOUT BEING LIMITED TO, ANY OF THE FOLLOWING:
i. THE SERVICES OF NESTHETIC ORGANIZER NO LONGER BEING AVAILABLE FOR ANY REASON;
ii. STRIKES, LOCK OUTS OR OTHER INDUSTRIAL ACTION;
iii. SABOTAGE, TERRORISM, CIVIL COMMOTION, RIOT, POLITICAL RIOT OR DISTURBANCE, INVASION, WAR, THREAT OR PREPARATION FOR WAR;
iv. FIRE, EXPLOSION, STORM, FLOOD, EPIDEMIC OR NATURAL PHYSICAL DISASTER;
v. IMPOSSIBILITY OF THE USE OF RAILWAYS, SHIPPING, AIRCRAFT, MOTOR TRANSPORT OR OTHER MEANS OF PUBLIC OR PRIVATE TRANSPORT;
vi. AND ANY ACT OF ANY STATE OR GOVERNMENT OR OTHER AUTHORITY HAVING JURISDICTION OVER EITHER PARTY.
13. INDEMNIFICATION
a. NOTWITHSTANDING ANY PROVISIONS IN THIS AGREEMENT AND WHILST NESTHETIC WARRANTS THAT IT SHALL USE REASONABLE EFFORTS TO ENSURE THAT THE SERVICE IS OF THE REASONABLE STANDARD, NO WARRANTY CAN BE GIVEN BY NESTHETIC IN RESPECT OF THE SERVICE AND ACCORDINGLY THE CLIENT HEREBY AGREES TO WAIVE THE FOLLOWING:
i. ALL CLAIMS FOR ANY HARM OR LOSS, INCLUDING CONSEQUENTIAL LOSSES, WHICH IT MAY SUBSTANTIALLY HAVE AGAINST NESTHETIC, ITS EMPLOYEES, AGENTS, MANAGERS, BOARD, PARENT COMPANIES, MANDATORIES AND OTHER PERSONS CONNECTED IN SOME WAY TO SUCH WORK, SUCH CLAIMS HAVING ARISEN FROM ANY CAUSE WHATSOEVER;
ii. ALL LEGAL COSTS (ON AN ATTORNEY AND OWN CLIENT OR FULL INDEMNITY BASIS, WHICHEVER IS GREATER) AND OTHER EXPENSES INCURRED BY NESTHETIC IN CONNECTION WITH A DEMAND, ACTION, ARBITRATION OR OTHER PROCEEDING (INCLUDING MEDIATION, COMPROMISE, OUT OF COURT SETTLEMENT OR APPEAL AND INCLUDING ANY ACTION TAKEN FOR THE RECOVERY OF A DEBT FROM THE CLIENT).
14. INTELLECTUAL PROPERTY
a. All copyright, title and interest in any document produced or process designed or devised by Nesthetic during this Agreement shall remain vested in Nesthetic.
15. VARIATIONS / AMENDMENTS
a. No variation or amendment of the terms and provisions of this Agreement shall have any force or effect unless such amendments to the Agreement are mutually agreed upon in writing and signed by the Parties.
b. Nesthetic reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect upon notice to Client.
c. The Client agrees that any use of the Service following any such change, whether as a single job or as part of a regular schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
16. HEALTH AND SAFETY RISKS
a. In addition to the obligations and warranties, the Client acknowledges and agrees that:
i. the Organizers are entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
ii. the Organizers may, either before or during the provision of the Service, not use or cease using any appliances, materials or equipment provided by the Client if the Organizers think, in their absolute discretion, that the use of such item poses a risk to health and safety;
iii. the Organizers may, either before or during the provision of the Service, not provide or cease the provision of the Service, where carrying out the Service presents, in the absolute discretion of the Organizers, a risk to health and safety.
17. BREACH
a. Should either party be in breach of any provision of this Agreement the aggrieved party shall by written notice give the offending party 14 working days in which to remedy the cause for complaint failing which the aggrieved party shall have the right to:
i. grant the offending party further time to remedy the cause for complaint;
ii. apply to the Court for an order demanding specific performance with or without damages;
iii. cancel this Agreement and sue for damages.
18. ARBITRATION AND JURISDICTION
a. Any and all differences and disputes of whatsoever nature arising out of this contract shall be put to arbitration in the City of Austin, Texas.. The decision of the Arbitrator on any point or points shall be final. Until such time as the Arbitrator formally closes the hearings, either Party shall have the right by written notice served on the Arbitrator and on the other Party to specify further disputes or differences under this contract for hearing and determination. The Arbitrator may grant any relief which they, deem just and equitable and within the scope of the Agreement of the Parties, including, but not limited to, specific performance. Awards made in pursuance to this Clause may include costs, including a reasonable allowance for attorney’s fees, and judgment may be entered upon any Award made hereunder in any Court having jurisdiction in the premises.
19. LIMITATION OF LIABILITY
a. In circumstances where the Client is entitled to recover damages from Nesthetic (including fundamental breach, negligence, misrepresentation, or other contractual claim), Nesthetic is liable for no more than the amount of actual, direct damages up to the total of the amounts paid by the Client under this Agreement.
b. Neither Party will be liable for any indirect or consequential damages or losses of whatsoever nature.
c. Information provided by Nesthetic to the Client during the Services will be for the Client’s use only. Nesthetic will not be liable for any loss suffered by any third party who is supplied with such information contrary to this provision and relies on it.
d. The Parties agree that Nesthetic’s obligations will cease upon delivery of the last agreed deliverable, and that no direct or indirect liability will rest upon it for the effects of any product or process that may be produced by the Client and any other Party, notwithstanding that the formulation of such product or process may be based on the results of the Services.
20. GENERAL CONDITIONS
a. Neither Party may bind the other in any way. Neither Party may assign or cede any benefit, obligation, or interest it may have in the contact to any other person without the prior written consent of the other Party.
b. Neither Party is regarded as having waived, or is precluded in any way from exercising any right under or arising out of this Agreement by reason of such Party having at any time granted any extension of time for, or having shown any indulgency to, the other Party with reference to any performance of any obligation under this Agreement, or having failed to enforce, or delayed in enforcing any right of action against the other Party.
c. In the event of any clause of this Agreement or any part thereof being found to be invalid for any reason whatsoever, such clause or part thereof will be severable from the remainder of this Agreement and will not affect the validity of such remainder. Neither Party grants the other the right to use its trademarks, trade names, logos or other such designations in any promotion or publication without prior written consent.
d. Once signed, any reproduction of this Agreement or part thereof made by reliable means (for example, photocopy, facsimile, or electronic copy) is considered an original.
e. The Client acknowledges that any information provided by the Client may be used by Nesthetic for the purpose of providing the Service. Nesthetic agrees not to share any information provided by the Client with any third party not directly involved in the provision of the Service (unless required to do so by law).
f. The Client agrees to Nesthetic communicating with them via [email protected], (OrganizerName)@nesthetichome.com, via phone, or standard mail to provide the Service or for reasons related to the provision of the Service.
g. Nesthetic will use reasonable precautions to protect personal information provided by the Client from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
h. The Nesthetic website may contain links to other sites that are not owned or controlled by Nesthetic. Please be aware that we, Nesthetic, are not in any way responsible for the content, security, or privacy policies of these external web sites. In the event Nesthetic goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred.
21. CLIENT REPRESENTATIONS AND WARRANTIES
a. The Client represents and warrants that:
i. it will provide a safe working environment at the Premises for the Organizers to perform the Service;
ii. the Organizer will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
iii. it will provide the Organizers with access to all services and utilities (including hot and cold water, electricity, and rubbish bins) as required by the Organizers to provide the Service;
iv. it will have all household items and boxes of items located in the rooms for which the items belong;
v. it will provide all usual and necessary organizational equipment and materials required by the Organizers to provide the Service, unless the Client has chosen to source and use the organizational equipment and materials that belong to or have been purchased by Nesthetic
vi. all Nesthetic’s equipment and materials remain the property of Nesthetic.
vii. all organizational equipment and materials provided by the Client are safe, have not been tampered with and are in full working order;
viii. it will advise Nesthetic prior to the commencement of the Service of any hazards, slippery surfaces, or risks or dangers at the Premises;
ix. it is authorized to use the Premises and obtain the provision of Service;
x. if the Client requires the Organizers to move heavy items (i.e.: refrigerator, bookshelf, or other furniture), it will move those items prior to the commencement of the Service; and it will secure or remove any fragile, delicate, breakable, or valuable items, including but not limited to; cash, jewelry, works of art, antiques, or items of sentimental value prior to the commencement of the Service.
22. NO ENGAGEMENT OF ORGANIZERS
a. The Client acknowledges Nesthetic invests significant resources in recruiting, selecting, and training its Organizers. Unless Nesthetic gives prior written permission, the Client must not, directly or indirectly, independently engage, employ or contract any Organizer to provide services outside of Nesthetic Services.
23. NON-APPEARANCE
a. If an Organizer fails to attend the Premises within 1 hour of the scheduled time of Service and does not provide the requested Service, Nesthetic will provide the Client with either:
i. a full refund of payments made by the Client; or
ii. offer to reschedule the Service at another time mutually agreed between the Client and Nesthetic
24. COMPLAINTS
a. If the Client is dissatisfied for any reason with the Service provided, it must inform Nesthetic within 24 hours of completion of the Service. Nesthetic strives to achieve customer satisfaction and will endeavor to resolve the problem quickly and efficiently. Nesthetic may, at its discretion, offer the Client either of the following:
i. partial or full refund;
ii. re-supply of the Service without charge;
iii. such other remedy as deemed appropriate by Nesthetic
25. EXCLUSIONS AND LIMITATIONS
a. Nesthetic is not responsible for:
i. not completing or providing the Service as a result of a breach of a warranty by the Client (including but not limited to utility services, a safe working environment or unencumbered access to the Premises); or
ii. any damages caused by defective materials, furniture, or equipment provided by the Client; or
iii. not completing or providing the Service as a result of the Organizer not proceeding for health and safety reasons under clause 17; or
iv. any loss or damage incurred by the Client or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of Nesthetic; or
v. not completing or providing the Service due to an act or omission of the Client or any other person at the Premises during provision of the Service; or
vi. any loss incurred as a result of any breakage or damage to goods, items of value (including antiques, items of sentimental value) or the Premises; or
vii. the cost of any key replacement or locksmith fees, unless keys were lost by Nesthetic or the Organizer.
b. Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on Nesthetic are excluded.
c. The Client acknowledges that the results of any Services provided may vary depending on a number of factors including but not limited to: products and materials used, equipment provided, time elapsed since Premises was last cleaned and organized, and nature of organization required; Nesthetic gives no guarantee as to the actual results of the Service.
d. Except to the extent provided in this clause, Nesthetic has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by Nesthetic (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency of any kind in the products used or Services provided by Nesthetic).