TERMS AND CONDITIONS OF SERVICE
GREENDALE HOME WATCH & PROPERTY CHECK LLC — Last Updated: January 1, 2024
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to GREENDALE HOME WATCH & PROPERTY CHECK LLC. These Terms and Conditions of Service (hereinafter referred to as the "Terms", "Agreement", or "Terms of Service") constitute a legally binding contract between you (hereinafter referred to as the "Client", "You", or "Your") and GREENDALE HOME WATCH & PROPERTY CHECK LLC, a limited liability company registered in the State of Wisconsin, with its principal place of business located at 5504 AVENA CT GREENDALE WI 53129 (hereinafter referred to as the "Company", "We", "Us", or "Our"). By engaging with, requesting, or accepting any services offered by GREENDALE HOME WATCH & PROPERTY CHECK LLC, including but not limited to interior property checks, exterior perimeter inspections, mail and package retrieval, plant care and watering, storm damage assessments, vendor access supervision, concierge pre-arrival preparation, and any other ancillary services as may be offered from time to time (collectively, the "Services"), you expressly acknowledge that you have read, understood, and agreed to be irrevocably bound by all of the terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms in their entirety without modification, you are strictly prohibited from accessing, utilizing, or contracting for any Services provided by the Company. We reserve the exclusive right, at our sole and absolute discretion, to amend, modify, update, or change these Terms at any time without prior notice to you. The most current iteration of the Terms will be posted on this web page, and your continued use of the Services following any such changes constitutes your unconditional acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically for any modifications.
2. DEFINITIONS AND INTERPRETATION
For the purposes of this Agreement, the following definitions shall apply: "Property" shall mean the residential or commercial premises located at the address specified by the Client in the service agreement, including all structures, fixtures, landscaping, and personal property contained therein for which the Client has legal authority to contract for Services. "Home Watch Service" refers to the systematic, non-invasive visual inspection of a property to identify obvious deficiencies, damages, or irregularities that may arise during the Client's absence. "Client" means the legal owner of the property or a legally authorized representative who has been granted explicit permission by the property owner to enter into this binding Agreement on their behalf. "Service Period" means the specific dates, frequency, and duration of the Services as mutually agreed upon in writing between the Company and the Client. "Normal Business Hours" shall mean Monday through Friday, 8:00 AM to 6:00 PM Central Standard Time, excluding federal public holidays. "Force Majeure Event" means any act, event, or circumstance beyond the reasonable control of the Company, including acts of God, war, terrorism, civil unrest, pandemics, governmental sanctions, embargoes, fires, earthquakes, floods, or severe weather events.
3. SCOPE AND NATURE OF SERVICES
The Client hereby acknowledges and expressly agrees that GREENDALE HOME WATCH & PROPERTY CHECK LLC is NOT a security service, security company, or security agency. We do not employ licensed security guards or personnel. Our Services consist solely of visual, non-invasive observation and reporting of conditions at the property. We do not and cannot guarantee the security of the premises, the prevention of unauthorized access, the detection of all potential hazards, or the prevention of any damage, loss, or casualty event. The Company's role is purely observational and consultative in nature. Our personnel will perform a diligent visual assessment of the property's readily accessible areas. If a potential issue is identified, we will notify the Client or their designated emergency contact using the contact information on file. Any remediation, repair, or emergency service response is the sole responsibility of the Client. The Company is authorized to act in good faith to mitigate immediate and obvious threats to the preservation of the property only if expressly authorized in writing by the Client in advance.
4. LIMITATION OF LIABILITY AND INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF WISCONSIN, GREENDALE HOME WATCH & PROPERTY CHECK LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, THEFT, BURGLARY, VANDALISM, FIRE, WATER DAMAGE, MOLD INFESTATION, MECHANICAL SYSTEM FAILURE, PERSONAL INJURY, LOSS OF USE, LOSS OF INCOME, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES. OUR TOTAL LIABILITY, IF ANY, IN THE AGGREGATE FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CLIENT TO THE COMPANY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. The Client agrees to indemnify, defend, and hold harmless GREENDALE HOME WATCH & PROPERTY CHECK LLC, its members, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees and court costs) arising out of or in connection with the Client's breach of this Agreement, the Client's negligence or willful misconduct, or the condition of the Client's property that was unknown and not reasonably detectable by visual inspection.
5. CLIENT RESPONSIBILITIES AND COOPERATION
To enable the Company to perform the Services effectively and safely, the Client agrees to undertake several crucial responsibilities. The Client must disclose all known material defects, hazards, and dangerous conditions existing on the property prior to the commencement of the Services. This includes, but is not limited to, information regarding structural weaknesses, presence of toxic substances such as asbestos or mold, electrical faults, aggressive pets, security alarm nuances, or malfunctioning major systems. The Client is solely responsible for maintaining comprehensive property and casualty insurance coverage on the Property throughout the entire Service Period. The Client must ensure that all doors, windows, and access points are lockable and functional. The Company must be provided with accurate, working keys, access codes, and contact information at least 48 hours before the Service Period commences. Failure to provide safe access or accurate information may result in the immediate suspension or termination of Services without refund.
6. PAYMENT TERMS, FEES, AND LATE PENALTIES
The Client agrees to pay all fees associated with the selected service package prior to the commencement of the Service Period, unless otherwise agreed upon in a separate written agreement. Fees are non-refundable except as explicitly provided in the Refund Policy. Accepted methods of payment include cash, check, or electronic bank transfer. Returned checks will incur a service charge of $35.00. Should any invoice remain unpaid for a period exceeding fifteen (15) calendar days from the due date, the Company reserves the right to suspend all Services immediately without further notice. A late fee of 1.5% per month (or the maximum rate allowed by Wisconsin law) will be assessed on all past-due balances. In the event that the Company is required to pursue legal action or enlist the services of a collection agency to recover unpaid fees, the Client agrees to pay all costs of collection, including reasonable attorneys' fees and court costs.
7. INTELLECTUAL PROPERTY RIGHTS
All content, materials, reports, checklists, logos, text, graphics, and proprietary data provided or created by the Company in the course of delivering the Services constitute the exclusive intellectual property of GREENDALE HOME WATCH & PROPERTY CHECK LLC. The Client is granted a limited, non-exclusive, non-transferable license to use the inspection reports solely for their personal, non-commercial purposes. The Client may not reproduce, distribute, sell, or share these reports with third parties for commercial gain without the express written consent of the Company.
8. TERMINATION OF SERVICES
Either the Client or the Company may terminate this Agreement upon the provision of thirty (30) calendar days' written notice. The Company may terminate this Agreement with immediate effect without prior notice if the Client commits a material breach of these Terms that remains uncured for a period of ten (10) days after receiving written notification of the breach; if the Client fails to make any payment when due; if the Company reasonably believes that the Client's actions or omissions pose a safety risk to the Company's personnel; or if the Client becomes insolvent, enters into bankruptcy, or ceases to conduct business. Upon termination, the Client must immediately pay all outstanding balances for Services rendered up to the date of termination.
9. DISPUTE RESOLUTION AND GOVERNING LAW
This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws principles. The parties agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Milwaukee County, Wisconsin. Prior to initiating any formal legal action, the parties must first attempt to resolve any dispute in good faith by engaging in at least one session of mediation with a mutually agreed-upon mediator in Milwaukee County.
10. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. These Terms, along with any specific service agreement signed by the parties, constitute the entire agreement between the Client and GREENDALE HOME WATCH & PROPERTY CHECK LLC and supersede all prior or contemporaneous understandings, representations, or communications, whether oral or written. No waiver of any term shall be deemed a further or continuing waiver.
11. CONTACT INFORMATION FOR LEGAL INQUIRIES
For any questions, concerns, or legal notices regarding these Terms and Conditions, please direct all communications to the principal place of business: GREENDALE HOME WATCH & PROPERTY CHECK LLC, Attn: Legal Department, 5504 AVENA CT GREENDALE WI 53129. For electronic correspondence, please use the following email address: info@greendalewatch.com. All legal notices must be sent via certified mail, return receipt requested, to be effective.