Services Provided
We Oversee, (hereto referred as “Service Provider”) agrees to perform, or cause others to perform, a range of property services necessary to maintain and enhance Client’s home known as (the “Services”). The Client will select the Services by submitting a repair or service request through their individual We Oversee Owner’s Portal. The Services may include, but are not limited to:- Cleaning
- Linen service
- Maintenance
- Repairs
- Concierge services
- Home improvement services
Client Responsibilities
Client agrees to:- Provide access to the premises as required for the Service Provider to perform the Services.
- Ensure that the premises are safe and secure for Service Provider.
- Promptly notify Service Provider of any issues or concerns related to the Services.
- Timely pay for all Services ordered and comply with the payment terms outlined below.
- Cooperate with Service Provider in its performance of the Services and take reasonable steps to minimize Client-caused delays or risks in performing the Services.
Service Provider Responsibilities
Service Provider agrees to:- Perform the Services, or cause the Services to be performed, in a professional and workmanlike manner.
- Comply with all applicable laws, regulations, and industry standards.
- Maintain appropriate insurance coverage for the duration of this Agreement.
Payment
By adding Client’s payment method on the We Oversee Owner’s Portal, Client agrees that its payment method on file will be automatically charged each month for the membership fee. This recurring payment will continue until Client cancels its membership. Client agrees to keep a current payment method on file on the Owner’s Portal at all times. If the payment method on file is invalid or rejected, Service Provider reserves the right to charge an additional $50 administrative fee for each month the issue remains unresolved, after providing a 7-day grace period to update the payment method. Payment is due within 14 days of completion of Services, unless otherwise agreed upon by both parties in writing. Late Payment: A late fee of 2% per month will be assessed for payments not received within 14 days of the completion of the Services. Authorization to Charge: In the event that payment is not received within 30 days of the completion of Services, Client authorizes Service Provider to charge the payment method on file for the outstanding amount, including the original Service fees, late fees, and any additional costs incurred in the collection of payment. Service Call Fees: Client agrees to pay a higher service call fee for Maintenance Services performed outside of regular business hours. Regular business hours and the current service call fee schedule are set forth on the Owner’s Portal. Lockout fee: If Service Provider is unable to enter the property due to Client’s or Client’s guests’ fault (property inaccessible; double bolted locks, animals not contained, or if Service Provider is turned away at the door on a scheduled service day/time), a $25 fee may be charged.Authorization for Minor Repairs
Client acknowledges that minor repairs may be necessary to address unforeseen issues or to maintain the integrity of the property. Client hereby authorizes Service Provider to perform, without the need to obtain additional Client approval, minor repairs that are necessary to complete the agreed-upon Services or ensure the property is suitable/safe for guests, provided that the total cost of such repairs does not exceed $100 or a higher amount which Client has approved via the property profile on the Owner’s Portal. These minor repairs may include, but are not limited to, replacement of small parts, minor adjustments, and other similar tasks required to ensure the satisfactory completion of the Services. Service Provider agrees to inform Client of any repairs performed and to provide documentation of the associated costs.Satisfaction Guarantee
Service Provider will use its best efforts to ensure Client satisfaction with all Services provided. Client agrees to contact Service Provider within 24 hours of work completion if they are unsatisfied with the quality of the work performed. Service Provider will make all reasonable attempts to correct any deficiencies within 24 hours, or as otherwise coordinated with Client. Refunds may only be provided, at Service Provider’s discretion, should corrective actions not be possible and said deficiencies result in the Client refunding a third party, such as a renting guest, an equivalent amount.Property Access Considerations
Client agrees to provide access to Service Provider via key, keypad, or app access in order for the Services to be completed on time. If Client’s property has a security system, it must be turned off the day the Service is to occur, or a code and instructions must be provided to Service Provider to deactivate the alarm. Service Provider will not be responsible for false alarms or access delays. If pets are present in the home, they must be crated or otherwise contained for the safety of Service Providers. Likewise, Service Providers are restricted from cleaning up or performing work in an area that appears to be insect infested (fleas, bed bugs, etc.) or that contain pet feces.Non-Solicitation Agreement
Client agrees that, during the term of their engagement with Service Provider and for a period of one (1) year following the termination of any services with Service Provider, they shall not, directly or indirectly: Solicit, induce, or encourage any service partner, contractor, or employee of We Oversee to terminate or alter their business relationship with We Oversee. Engage, contract with, or obtain services from any service partner, contractor, or employee of Service Provider, with the intent to bypass Service Provider’s involvement. For clarity, this restriction includes, but is not limited to, engaging a cleaning or maintenance service, or other service partner introduced through Service Provider to provide services directly to the Client, unless explicitly authorized in writing by Service Provider.Limited Liability
Client is responsible and liable to Service Provider, and shall indemnify and hold (a) Service Provider, (b) WE3OVERSEE, LLC, (c) their respective owners, officers, directors, managers, affiliates, subsidiaries, employees, contractors, franchisees, and other agents ((a) to (c) are collectively the “We Oversee Parties”), and (d) any contractors or subcontractors providing the Services (“Contractors”) harmless at all times from and against, any and all, claims, demands, liabilities, injuries, disability, death, damages, losses, costs, and expenses incurred by or threatened against the We Oversee Parties and/or the Contractors (including those against the We Oversee Parties by the Contractors) as a result of (1) Client’s or its guests’ negligence, willful misconduct, or breach of this Agreement or (2) dangers and conditions at the premises.
Except in the case of the We Oversee Parties’ gross negligence or willful misconduct, the We Oversee Parties shall not be liable to Client, Client guests, or any other third party for any injuries, disability, death, damages, losses, costs, or expenses resulting from the Services rendered by the We Oversee Parties or the actions and omissions of the Contractors.
IN NO EVENT SHALL THE WE OVERSEE PARTIES BE LIABLE TO CLIENT, CLIENT GUESTS, OR TO ANY OTHER THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE ANY OF THE WE OVERSEE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE WE OVER SEE PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.Termination
Either party may terminate this Agreement upon written notice to the other party at any time. However, monthly memberships are not prorated, and cancellation of the membership will occur on the last day of the month following the notice of cancellation.Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State where the Client’s property is located. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to this Agreement, in any forum other than the state and federal courts of the State where the Client’s property is located.Miscellaneous
This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, whether written or oral. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each party.
Client shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Service Provider. Service Provider may assign any of its rights or delegate any of its obligations without Client’s consent.
Any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof.
Client acknowledges and agrees that the term “Service Provider” refers to the We Oversee office whose territory includes the Client’s property or the office that otherwise provides the Services. Client acknowledges and agrees that the Services may be performed directly by the Service Provider’s employees or by other contractors and subcontractors. The contractors and subcontractors that provide the Services are hereby designated as third-party beneficiaries of this Agreement and have the right to enforce it against Client.
I have read and understood this letter describing the We Oversee services and agree to the terms.We Oversee Vendor Terms and Conditions:
You agree to review these terms and conditions thoroughly prior to use of the WeOversee4U.com portal or to conduct any business activity related to We Oversee. Your continued access to or use of the website for any business activity related to We Oversee indicates your acknowledgement of these terms and conditions and your acceptance of all of the provisions hereof.
We3Oversee LLC, a North Carolina limited liability company (the “Company”), provides it’s vendor partners access to WeOversee4U.com (Webpage, Software, and System Services, collectively the “System”) for the purpose of coordinating communication, service activities and billing related to maintenance, repair, and miscellaneous concierge activities for We Oversee clients. The Company requires all Vendor partners to comply with the requirements of this Terms and Conditions Agreement, use the System appropriately, and to reasonably protect the System, the Company, our collective clients, and all content therein.
Certain products or services offered on the System, and certain areas within this System may be governed by additional Terms and Conditions and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms are hereby incorporated by reference, where applicable, and the Additional Terms and these Terms and Conditions shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms and Conditions, the Terms and Conditions shall control. The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions and any other policy or Additional Terms posted on the System, in whole or in part, at any time. Notification of changes to the Company’s Terms and Conditions may be posted on this System. You are responsible for regularly reviewing the Terms and Conditions and all posted policies and Additional Terms on the System. By continuing to use the System after we have posted changes to these Terms and Conditions or any other posted policy or Additional Terms, you agree to and accept such changes.
In exchange for the privilege of performing work as a vendor for the Company and obtaining access to the System, you, as a User, hereby agree to the following terms and conditions:
- Confidential Information Your Duty to Protect Usernames and Passwords. All information on the System, including, but not limited to, usernames (sometimes referred to as “User IDs”) and passwords, training programs, manuals, policies, marketing concepts, operating methods, technology platforms and techniques, financial results, sales and profit information, confidential communications, proprietary and confidential information (all of the preceding information is referred to herein as the “Confidential Information”) is deemed to be proprietary to and trade secrets of the Company. You do not acquire any interest in the Confidential Information by your use of the System. If you learn about an unauthorized use of any Confidential Information, you must report it to the Company immediately. You may not disclose or share your username, password, or any other information on the System, including the System’s domain name or URL, to any person. Each User will have a separate account with his or her own username and password. You may not use another User’s account and password. The Company will never ask you for your password. It is your responsibility to maintain the confidentiality of your System username and password. You are entirely responsible for all activities that occur under your password and username. You must take the precautions that the Company periodically specifies to protect the Confidential information. If you learn of a breach of the confidentiality of a username or password assigned to you, or any breach of security through a User’s account, you must report it to the Company immediately. The Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Your confidentiality obligations continue even if your access to the System ends.
- Authorized Access Termination Access to and use of the System is permitted only for: (i) current authorized staff of the Company; (ii) current authorized officers, employees, agents, and principals of We Oversee locations in good standing; (iii) current authorized consultants, auditors, and service providers of the Company, (iv) current authorized officers, employees, agents, and principals of Company-owned outlets, (v) certain approved suppliers and (vi) certain prospective We Oversee location owner candidates as authorized by the Company. Access to or use of the System by any other persons is strictly prohibited without the express prior written consent of the Company. Your authorization to access the System may be limited to certain services, web pages or content. You agree to access only that portion of the System to which you have been given access. Access to and use of System access may be revoked or restricted at any time at the sole discretion of the Company. Individuals and/or entities may have varying degrees of access to the System, as determined by the Company. The Company may or may not give you prior notice of revocation or restriction of your access.
- Rules of Conduct Your Representations and Warranties The System may only be used for the benefit of the Company and its Franchisees in good standing and may not be used for the benefit of any third party or individual without the express prior written consent of the Company. You may use the System for lawful purposes only. Your use of and access to the System is at your sole risk. The content is provided for informational purposes only on an “AS IS” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. Company makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the content. Company further makes no representations, warranties or guarantees that the quality and reliability of any information will meet your expectations and requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the System and/or its content.By way of illustration and not limitation, you represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the System or the services provided thereon, any materials which (i) restrict or inhibit any other user from using and enjoying the System, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, pornographic, profane, hateful, violent, sexually explicit or indecent, or otherwise objectionable, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, Trojan horse, worms, time bombs, spiders, robots or other harmful component intended to disrupt or interfere with the intended operation of the System or any other site on the World Wide Web, (vi) impose an unreasonable or disproportionately large load on any systems or infrastructure, or (vii) constitute or contain false or misleading indications of origin or statements of fact. In addition you agree that you will not (a) attempt to gain unauthorized access to the System, any part thereof, or the accounts of others; (b) use the System, or any part thereof, to harass or harm any other User or any other person in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) interfere with or disrupt the System or servers of networks connected to the System, or disobey any Terms and Conditions, Additional Terms, requirements, procedures, policies or regulations of networks connected to the System; (e) harvest, collect or store information about the users of this System or the content posted by others on this System or use such information for any purpose inconsistent with the purpose of the System; (f) disparage, defame, libel or make untrue, malicious, offensive statements about the Company or the System; or (g) use the System or Services to violate any applicable, local, state, national or international law or regulation. This list is not intended to be exhaustive. If you violate any of the above-mentioned representations, warranties, or covenants, your access to and use of System may be revoked or restricted at any time at the sole discretion of the Company.
- Limitation of Liability You expressly understand and agree that Company and any contributor to the user generated content SHALL NOT BE LIABLE to you for: 1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the content, or any changes Company may make to the System or content, or any temporary interruption or permanent cessation in the provision of the System or content, or, if applicable, your failure to safeguard your account details or passwords. 2) As a Vendor partner, or support company conducting business with the Company, you agree to accept transfer of all liability associated with work performed by you or your representatives, and to hold We Oversee harmless should a liability issue arise related to work performed. Furthermore, you agree to add We3Oversee LLC as an additional insured to you/your company’s general liability insurance policy. 3) To the full extent permitted by law, Company is not liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with your use of or related to the system and content (including without limitation for loss of or damage to business, revenues, goodwill, or data) even if Company had previously been advised of, or reasonably could have foreseen the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.
- Indemnification You agree to indemnify and hold Company, its subsidiaries, affiliates, members, officers, directors, agents, employees and representatives and Company Licensees or Franchisees, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the System and content; (ii) content you submit, post, transmit or otherwise make available via the System; (iii) your violation of these Terms and Conditions. This indemnification obligation will survive the termination of your right to use the System.
- Intellectual Property Unless otherwise noted, all materials on the System (including articles, text, photographs, images, illustrations, graphics, video material, audio material, and software) are protected as the copyrights, trade dress, trademarks, patents and/or other intellectual properties owned by the Company or its parent, subsidiaries and affiliates or by other parties that have licensed their material to the Company. Additionally, the System itself is protected by copyright as a collective work and/or compilation. The System or any portion of the System may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by the Company. You may browse through the System and occasionally download a copy of materials appearing on the System that are of interest to you solely for the purpose of conducting activities authorized by the Company. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the System unless specifically authorized by the Company in writing. You may not attempt to alter or modify the content posted on the System. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the System itself.
- Disputes Disputes to these Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws principles. You agree that your breach of these Terms and Conditions will result in irreparable harm to the Company, and that the Company is therefore entitled, as a non-exclusive remedy, to obtain injunctive relief in response to a breach of these Terms and Conditions, including, without limitation, barring you from access to the System.
- Links to Third-Party Sites There may be links in the System that will allow Users to access other websites. These linked sites are not under the control of the Company, and the Company is not responsible for the contents or practices of any linked site. The Company provides links only as a convenience, and such inclusion of any link does not imply endorsement by the Company of the site or its content.
- Monitoring, Privacy and Security Your access and use of the System may be monitored by the Company at any time, with or without notice, and shall not in any way be deemed to be private or personal to you. The Company reserves the right to use “cookies” (a small amount of software automatically downloaded to your computer’s hard drive) or other programs or methods to gather information about your use of the System in order to improve the System. You may set your browser not to accept cookies, but if you do so, certain areas of the System may not function as intended. All information, including personally-identifiable information, that you disclose via the System is the property of the Company. The Company reserves the right to use these records and this information for its own purposes or those of its affiliated entities to the extent permitted by applicable law and its agreements with visitors to the System. These purposes may include disclosure to our agents, advisors, affiliates, service providers, assignees, franchisees, and successors in interest. The Company may reproduce, distribute, transmit, or publish any software, file, information, communication or other content received or accessed through the System. You will not hold the Company responsible for privacy in or to communications transmitted via the System, including, but not limited to, any cyber-attacks by hackers and/or data breaches. You are solely responsible for protecting your computer system from disruptions, Internet access failures, Internet content failures, and cyber-attacks by hackers and other unauthorized intruders. The Company will use industry standard security practices to protect information provided via the System.
- Non-Solicitation and Exclusive Engagement Clause
Vendors are strictly prohibited from contacting or performing work directly for We Oversee current clients without prior written consent from We Oversee. All work and communication with clients must be conducted exclusively through the We Oversee vendor portal. Engaging in work with We Oversee clients outside of this platform will result in the immediate termination of our partnership.
Contact Us If you have any questions regarding these Terms and Conditions, you contact us via email at info@weoversee4u.com or mail us via at 5818 Beach Dr. SW, Ocean Isle Beach, NC 28470.