Privacy Terms & Conditions
Effective Date May 1, 2018
Please Read These Terms Carefully Before Using this Site.
By agreeing to receive Harmony™ Home Concierge Services pursuant to a telephone call that was recorded with your permission, you have agreed to engage Harmony to provide such concierge services for you at the location pursuant to the following terms and conditions (these “Terms and Conditions”).
In these Terms and Conditions, the words “Harmony, we, us, our and ours” mean Harmony Home Concierge. The words “Client, you, your and yours” means the person or entity named on the Harmony account with us. The word “location” means the address or dwelling identified by you to us as the location for the performance or delivery of Home Services.
- CONCIERGE SERVICES: Our concierge services (collectively, the “Concierge Services”) include phone support for your inquiries, identifying third party or affiliate vendors for your requested work or services for your review and approval, and scheduling the vendor’s work and service to be provided or performed for you at the location.
- HOME SERVICES: The types of work and services that are available from time to time to be provided or performed by vendors for you are described on our website at www.harmonyhome.com (the “Home Services”). Not all Home Services are available in every geographic area. Vendors are subject to availability and may change from time to time without notice. You agree to provide us with detailed and accurate information regarding the scope of your Home Services request. You are authorized to receive Home Services at the location. These Terms and Conditions are personal to you and the location.
- BUSINESS HOURS: Harmony phone support is available 24 hours a day, 7 days a week. Harmony personnel will provide you with our personal concierge contact number to request or discuss any Home Services for the location.
- CONCIERGE FEES: You will pay Harmony an annual fee for Concierge Services as provided under these Terms and Conditions (the “Concierge Fee”). The Concierge Fee is as follows:
- ANNUAL FEE FOR CONCIERGE SERVICES: The Concierge Fee is payable by you as agreed.
- FEES FOR HOME SERVICES: In addition to the Concierge Fee, on behalf of the vendor, we will bill and collect (including any applicable taxes) for the Home Services requested by you and performed or provided by vendors. Fees for reoccurring Home Services (i.e., landscaping) may change periodically, as determined by the vendor. C. CREDIT. We may order a consumer report in connection with requested work and/or services requested by you under these Terms and Conditions and subsequent consumer reports in connection with updating, renewing and reviewing the existing or future extension of credit. Upon your request, we will provide the name and address of the consumer credit agency furnishing such report to us. The Federal Equal Credit Opportunity Act prohibits us from discriminating against you in any way in the granting of credit. The federal agency which administers compliance with this law is the Federal Trade Commission, Washington D.C. 20580. D. INVOICING: Amounts for Home Services (including deposits) are due and will be invoiced as per the contract for the particular Home Service, but not later than when the Home Services are provided. You may be required to keep a credit or debit card on file with us to pay for Home Services automatically. If we do not receive the full payment due by the due date, you must pay a late fee. The late fee will appear on your next statement. Late fees will be computed based on a periodic rate of 1.5% per month, which is an ANNUAL PERCENTAGE RATE of 18%, with the minimum late fee of $0.50. We will calculate the late fee using the Adjusted Balance Method. In no event will late fees, interest or returned check fees be more than allowed by applicable law. If you fail to pay any amounts when due, we may also immediately terminate these Terms and Conditions or suspend our performance hereunder. E. RETURNED CHECKS: You will be charged a $25.00 fee for all returned checks ($20.00 in New York). F. COLLECTION COSTS: If we hire an attorney or collection agency to collect your outstanding balance, you agree to pay, in addition to your balance, all costs of collection, including without limitation, reasonable attorney and agency fees and court costs and other amounts as permitted by law. We can accept late payments, partial payments or payments marked “payment in full,” without losing any of our rights under the Terms and Conditions. We can also delay in enforcing our rights under the Terms and Conditions without losing any of our rights under the Terms and Conditions. You shall make all payments when due for Concierge Fees and Home Services ordered by you, and shall not withhold payment based on any disputes.
- TERM: These Terms and Conditions are effective on the Effective Date and will continue for a period of twelve (12) months (“initial term”). For each twelve (12) months after the initial twelve (12) month term, you will receive an Invoice (annual or monthly) for the then-current Concierge Fee. If you do not pay the invoice in full within 30 days of the date thereof, the Terms and Conditions will be considered expired as of the prior twelve (12) month term’s expiry date. If you pay the invoice in full within such period, these Terms and Conditions will apply to such additional twelve (12) term(s) unless updated as provided below. You remain responsible to pay for any Home Services provided to you. We or you may terminate these Terms and Conditions for convenience at any time upon thirty (30) days written notice to the other party as provided herein, and the Concierge Fee shall be pro-rated for the balance of the then existing twelve (12) month term.
- 6. OBLIGATIONS; DISCLAIMER: Home Services will be provided by vendors who are our affiliates and/or third-party businesses. If you accept Home Services from these vendors, you agree to accept the vendor’s terms and conditions for such Home Services. You agree that any contract entered into by you with any vendor is an independent contract from these Terms and Conditions. We are not and cannot be liable or responsible for any and all acts or omissions of any vendor or any loss incurred by you as a result of any act or omission of a vendor whether or not arranged through us. Unless otherwise agreed in writing by us and/or the vendor, you shall not be entitled to cancel any Home Services requested where, on your instructions, performance has already begun. We act as your agent when arranging a vendor to provide Home Services to you. We act as vendor’s agent in payment and collection of any Home Services provided to you. We make no warranty of any kind as to any Home Services offered hereunder, either expressed or implied, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose.
- WAIVER OF SUBROGATION: Harmony and you hereby mutually waive any and all rights of subrogation and or recovery, against each other, including each other’s officers, clients, representatives, agents, servants or employees, occurring on or arising out of the Terms and Conditions or the Concierge Services or Home Services, to the extent such loss or damage is covered by proceeds received from casualty, homeowners or other insurance carried by the other party.
- NON-SERVICES CONDITIONS: We have no obligation to provide Concierge Services or arrange for Home Services to the extent that we are prevented from or delayed or hindered from providing or arranging either of such services by any circumstances which are beyond our control. In each and every case, we have the right either to cancel or to postpone any Concierge Services without any liability whatsoever.
- LIMITATION OF DAMAGES; LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL HAVE NO LIABILITY FOR DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. We are not responsible for damage as a result of a delay in rendering Concierge Services. Any and all actions, whether based in contract or tort, whether for personal injury or property damage, and whether brought by you or your insurance company, must be commenced within one (1) year of the cause of action or shall be barred as a matter of law. IN NO EVENT SHALL OUR MAXIMUM LIABILITY TO YOU OR OTHERS, WHETHER ARISING UNDER OR RELATED TO THE AGREEMENT OR OTHERWISE, EXCEED THE CONCIERGE FEE PAID PLUS THE FEES FOR THE PARTICULAR HOME SERVICES GIVING RISE TO THE LIABILITY.
- GOVERNING LAW: The law of the state where the location is governs the Terms and Conditions.
- DISPUTES; CLASS ACTION WAIVER: Any controversy or claim arising out of or relating to these Terms and Conditions or any breach thereof shall be settled exclusively by binding arbitration in the state where the location is, and administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the forgoing, any controversy or claim may be submitted by either party to a small claims court having jurisdiction of the controversy or claim. LITIGATION OR ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS YOU, WE AND THE ARBITRATOR OR JUDGE MAY NOT JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR PARTIES, OR LITIGATE IN COURT AS A REPRESENTATIVE OR CLIENT OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- NOTICES: Except as otherwise provided under these Terms and Conditions, all notices, demands, or requests which may be given by you or us to the other party shall be deemed given if in writing and if delivered in person or if sent via nationally recognized overnight express courier, to the other party and addressed to the Harmony at the address above, or to you at the billing address. Such notices, demands and requests shall be deemed given (i) when delivered if in person and (ii) two (2) business days after deposit with the express courier, postage prepaid.
- PUBLICITY: Each party shall keep these Terms and Conditions confidential and not identify, either expressly or by implication, the other party or any of its trademarks in any advertising, press releases, publicity matters or other promotional materials without the other party’s prior written consent.
- GENERAL: A. SEVERABILITY: If a court or regulatory agency of competent jurisdiction holds any provision of the Terms and Conditions to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. B. ASSIGNMENT: you are not permitted to assign the Terms and Conditions or any rights hereunder. Any assignment in violation of these Terms and Conditions are void. C. AMENDMENTS: Other than the available Home Services, which we may change at any time as described above, we can change the terms of these Terms and Conditions and the Concierge Fee for each subsequent 12-month term, provided we give you 30 days (90 days in New Jersey) written notice before the period in which the change becomes effective or billing takes place; any changes or amendments (other than available Home Services) during a 12-month term must be made in writing and signed by both parties hereto. D. PARTIES BOUND: These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successor and permitted assigns. All applications are subject to verification by us. E. SURVIVAL: Rights and obligations that, by their nature, continue after the termination or expiration of these Terms and Conditions including, but not limited to, those regarding applicable law, dispute resolution, limitation of liability and damages, confidentiality and indemnification, shall survive and continue after the termination or expiration of these Terms and Conditions, and shall bind the parties, their successors, heirs and permitted assigns. F. ENTIRE AGREEMENT. These Terms and Conditions constitutes the entire agreement between you and us. In the event of a conflict or inconsistency between this Agreement and a request by you, this Agreement shall control in all instances. G. AUTHORITY. Each party that is an entity represents that it has full authority to enter into and perform its obligations under these Terms and Conditions and that the person signing these Terms and Conditions on behalf of the party has been properly authorized to enter into these Terms and Conditions.
- ELECTRONIC COMMUNICATIONS. You agreed to the use of electronic communication, including the Internet or telephonic recordings (or similar technology) to enter into contracts, including these Terms and Conditions, place Service orders and create other records with us; provided that any termination or dispute notices must be sent in accordance with section 12.