terms &conditions

This Service Agreement ("Agreement") is made between Jay Service Company Ltd. Co. ("JSC Ltd. Co." or the "Business") and the Client ("Client"), who agrees to the terms and conditions outlined herein. This Agreement pertains specifically to the Home Maintenance Subscription Plans offered by JSC Ltd. Co. By enrolling in a Home Maintenance Plan, the Client agrees to the following terms and conditions, which comply with the laws of the State of Georgia.

 

1. Plan Overview and Services

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JSC Ltd. Co. offers two Home Maintenance Plans: Comprehensive and Essential. Each plan provides scheduled home maintenance services as outlined below:

 

Comprehensive Plan Services:

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• Smoke and monoxide detector testing and battery replacement

• Quarterly HVAC filter changes (2 units)

• Minor drywall repairs (up to 4 per visit)*

• Paint touch-ups (up to 20 square feet per visit)*

• Tightening of hinges and door knobs

• Standard light bulb replacement (up to 4 per visit)

• Securing or replacing loose wall plates (up to 20)

• Testing and replacing standard electrical outlets (up to 4 receptacles)

• Minor drainage clog clearing (up to 5 sinks/tubs)*

• Cabinet and drawer hardware functionality checks

• Repairing or replacing cabinet hinges (up to 8 hinges)

• Staircase railing safety checks and tightening

• Quarterly seasonal home inspections

• Blinds/shades tightening (up to 2 sets per visit)

• Furniture assembly (up to 1 item per visit)

• Re-caulking seams (up to 2 bath/sink)

• Filling caulk in separating interior trim & molding

• GFCI outlet testing/replacement (up to 2)

• Home-wide water leak inspection

• Fire extinguisher inspection and replacement (up to 1 per year)

• 1-year extended service warranty for all covered services

• 10% discount on services not covered by the plan

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Essential Plan Services:

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• Smoke and monoxide detector testing and battery replacement

• Quarterly HVAC filter changes (2 units)

• Minor drywall repairs (up to 2 per visit)*

• Paint touch-ups (up to 10 square feet per visit)*

• Tightening of hinges and door knobs

• Standard light bulb replacement (up to 2 per visit)

• Securing or replacing loose wall plates (up to 10)

• Testing and replacing standard electrical outlets (up to 2 receptacles)

• Minor drainage clog clearing (up to 2 sinks/tubs)*

• Cabinet and drawer hardware functionality checks

• Repairing or replacing cabinet hinges (up to 4 hinges)

• Staircase railing safety checks and tightening

• 6-month extended service warranty for all covered services

• 5% discount on services not covered by the plan

 

Note: Not all services of any service plan may be completed in one visit.

 

2. Replacement Items

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This section outlines JSC Ltd. Co.'s policy regarding the replacement of items covered under the Client's selected maintenance plan, including limits on the number of replacements, specifications for HVAC filter changes, and additional fees for same-day installation of specialty parts.

 

2.1 Scope of Replacement

 

Covered Items: Under the Comprehensive and Essential maintenance plans, JSC Ltd. Co. will replace certain items during regular maintenance visits as specified below:

• Smoke and Carbon Monoxide Detectors: JSC Ltd. Co. will test the Client's existing smoke and carbon monoxide detectors, replacing batteries as necessary. Replacement of the entire unit is not covered unless the unit is found to be non-functional due to normal wear and tear.

 

Maximum Replacement Limit: Up to 2 units per year if necessary (due to wear and tear).

• HVAC Filters: JSC Ltd. Co. will replace HVAC filters for up to 2 units per quarter, with a maximum of 8 filters per year for both the Comprehensive and Essential Plans.

 

Maximum Replacement Limit: Up to 8 filters per year.

• Light Bulbs: JSC Ltd. Co. will replace standard light bulbs during maintenance visits (up to 4 per visit for the Comprehensive Plan and up to 2 per visit for the Essential Plan). This includes standard incandescent, LED, or CFL bulbs. Specialty bulbs, such as dimmable, smart, or decorative bulbs, are not included and will be billed separately.

 

Maximum Replacement Limit: Up to 12 bulbs per year for the Comprehensive Plan and up to 6 bulbs per year for the Essential Plan.

• Wall Plates and Electrical Outlets: JSC Ltd. Co. will secure or replace loose wall plates (up to 20 for the Comprehensive Plan and up to 10 for the Essential Plan) and test and replace standard electrical outlets (up to 4 for the Comprehensive Plan and up to 2 for the Essential Plan). GFCI outlets are covered as well.

 

Maximum Replacement Limit: Up to 20 wall plates and 4 outlets for the Comprehensive Plan; up to 10 wall plates and 2 outlets for the

Essential Plan per year.

• Cabinet Hinges: JSC Ltd. Co. will repair or replace cabinet hinges (up to 8 for the Comprehensive Plan and up to 4 for the Essential Plan) as needed. This includes hinges that are loose, damaged, or non-functional due to normal use.

 

Maximum Replacement Limit: Up to 8 cabinet hinges per year for the Comprehensive Plan and up to 4 for the Essential Plan.

Limitations:

• The replacement of items not specifically covered under the Client's plan (such as specialty light fixtures, custom electrical components, or high-end cabinet hardware) will incur additional charges. JSC Ltd. Co. will inform the Client of these charges in advance.

• Replacement of items due to Client negligence, misuse, intentional damage, or circumstances outside of normal wear and tear (such as extreme weather, flooding, or vandalism) is not covered and will result in additional costs.

• JSC Ltd. Co. is not responsible for items not mentioned in this Agreement. Any additional items or services requested by the Client will be billed separately unless added through a custom agreement.

 

2.2 Replacement Costs

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Covered Replacements: For items covered under the maintenance plans, the cost of replacements (e.g., HVAC filters, light bulbs, wall plates, standard outlets, GFCI outlets, cabinet hinges) is included in the Client’s monthly or annual subscription fee. However, if the replacement item is a specialty product or not included under the maintenance plan’s specifications, JSC Ltd. Co. will provide the Client with a quote for the cost of the replacement part.

 

Additional Parts: Any parts that exceed the limits set forth in the Agreement (e.g., more than 8 HVAC filters or more than 4 electrical outlets) will incur an additional charge. JSC Ltd. Co. will notify the Client of any additional charges before proceeding with replacements. If the Client approves, the additional items will be billed accordingly, and payment is due upon completion of the service.

 

Same-Day Installation Fees: If the Client requests same-day installation for specialty replacement parts that are not covered under the maintenance plan or are not available during the regular visit, a standard trip fee of $20 will be charged. This trip fee can be avoided if the Client chooses to wait for the next scheduled maintenance visit for the installation of the specialty parts.

 

2.3 Warranties on Replacement Items

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Manufacturer Warranty: All replacement parts provided under the Comprehensive and Essential maintenance plans are covered by the manufacturer’s warranty. JSC Ltd. Co. will ensure proper installation, but any defects or malfunctions with the replacement items will be addressed according to the terms of the manufacturer’s warranty. This warranty covers defects in materials but does not cover damage caused by improper use, modifications by the Client, or external factors such as power surges or environmental damage.

 

Non-Covered Replacements: Items not covered under the Client's plan will only be warranted if purchased and installed by JSC Ltd. Co., with the warranty period specified at the time of replacement. Any third-party items or replacements not handled by JSC Ltd. Co. are not covered under this Agreement.

 

2.4 Replacement Item Availability

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Standard Items: JSC Ltd. Co. will use standard, commercially available items for replacements unless the Client specifies a particular product or brand. In such cases, the Client may be responsible for the additional cost and sourcing of the specified product if it exceeds the cost of a standard replacement.

 

Specialty Items: If a replacement item is not readily available or requires a custom order (e.g., unique or rare parts), JSC Ltd. Co. will notify the Client of any delays or additional costs related to sourcing and installing the item. The Client has the right to accept or decline the additional cost or delay and may opt to provide their own replacement item. If the Client provides their own item, JSC Ltd. Co. will install the item but will not warrant it unless purchased through JSC Ltd. Co.

 

Discontinued Items: In the event that an item needing replacement has been discontinued or is no longer available, JSC Ltd. Co. will suggest a comparable alternative. The Client may either accept the alternative or request to source the item independently. If the Client declines the alternative and wishes to wait for the exact item to become available, JSC Ltd. Co. is not liable for any delays in service or additional issues that arise during the waiting period.

 

2.5 Liability for Replacement Items

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JSC Ltd. Co. is not liable for any damage or injury resulting from the failure of a replacement item, provided that the item was installed properly and is free from defects covered by warranty. The Client assumes all risks associated with the use of replacement items, especially if the Client provides their own items for installation or chooses not to replace items identified by JSC Ltd. Co. as being faulty or in need of replacement.

JSC Ltd. Co. is also not liable for any damage caused by items that were not replaced due to the Client’s refusal or failure to schedule a service visit. If an item identified during a maintenance visit requires replacement and the Client chooses not to proceed, JSC Ltd. Co. will not be responsible for any subsequent damages or malfunctions.

 

3. Payment and Billing, Auto-Renewal, and Cancellation

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JSC Ltd. Co. strives to maintain clear and fair policies regarding payments, billing, auto-renewal, and cancellations for the benefit of both the Client and the Company. By entering into this Agreement, the Client agrees to the following terms:

 

3.1 Payment and Billing

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• Subscription Fees: The Client agrees to pay the applicable fees for the selected maintenance plan (either the Comprehensive Plan or the Essential Plan) as outlined in the Agreement. Payment is due upon signing this Agreement and may be billed annually, quarterly, or monthly depending on the Client’s preference and the terms agreed upon.

• Payment Methods: JSC Ltd. Co. accepts payments via credit card and debit card. The Client agrees to provide and maintain up-to-date billing information for the duration of this Agreement. 

• Late Payments: In the event that payment is not received by the due date, JSC Ltd. Co. reserves the right to charge a late fee equal to 1.5% of the unpaid balance for each month the payment is overdue, or the maximum amount permitted by Georgia state law, whichever is less. Additionally, JSC Ltd. Co. may suspend or terminate services until payment is made in full. The Client will be responsible for any legal or collection fees incurred by JSC Ltd. Co. in recovering overdue amounts.

• Returned Payments: If any payment made by the Client is returned or declined (due to insufficient funds, invalid account details, or any other reason), JSC Ltd. Co. reserves the right to charge a returned payment fee of $25 or the maximum allowed under Georgia law. The Client will be notified of the failed transaction and must provide an alternative payment method to continue services.

• Taxes: The Client is responsible for any applicable federal, state, or local taxes related to the services provided under this Agreement. JSC Ltd. Co. will calculate and include any applicable sales tax or use tax in the Client’s invoice, where required by law.

 

3.2 Auto-Renewal

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• Automatic Renewal: To ensure uninterrupted service, this Agreement will automatically renew at the end of each service term (either monthly, quarterly, or annually, depending on the Client’s selected plan) unless the Client provides a written notice of cancellation as described in Section 3.3.

• Notification of Renewal: JSC Ltd. Co. will notify the Client in writing (via email or postal mail) at least 30 days before the end of the current service term to remind the Client of the upcoming auto-renewal and any changes to the terms, pricing, or coverage of the selected plan. The Client has the opportunity to opt out of the auto-renewal or modify their plan before the renewal date.

• Price Adjustments: JSC Ltd. Co. reserves the right to adjust pricing for the services provided under this Agreement upon renewal. Any price adjustments will be communicated to the Client in writing at least 30 days before the renewal date. If the Client does not accept the price adjustment, they must cancel their subscription as per the cancellation policy outlined in Section 3.3.

• Payment for Auto-Renewal: Upon auto-renewal, JSC Ltd. Co. will charge the Client’s authorized payment method on file for the full amount of the new service term. If the payment fails, JSC Ltd. Co. reserves the right to suspend or terminate services until the payment is successfully processed.

 

3.3 Cancellation

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• Cancellation by the Client: The Client may cancel this Agreement at any time by providing written notice to JSC Ltd. Co. via email or postal mail. Cancellation requests must be received at least 30 days before the end of the current billing cycle to avoid being charged for the next billing cycle. If cancellation is requested during an active service term, no refunds will be issued for the unused portion of the service term, except as required by Georgia law.

• Termination for Non-Payment: JSC Ltd. Co. reserves the right to terminate this Agreement if the Client fails to make timely payments. In the event of termination for non-payment, the Client will remain responsible for any outstanding balance due under this Agreement, including late fees, collection costs, and legal fees, if applicable. Services will not resume until all outstanding amounts are paid in full.

• Early Termination Fees: If the Client chooses to cancel the Agreement before the end of the agreed-upon service term (monthly, quarterly, or annually), JSC Ltd. Co. reserves the right to charge an early termination fee equal to one month’s service fee for monthly plans or 10% of the remaining balance for quarterly or annual plans. This fee is designed to cover administrative costs and lost revenue resulting from early cancellation.

• Refunds: Refunds will not be issued for any prepaid amounts unless JSC Ltd. Co. is unable to deliver the agreed-upon services for reasons beyond the Client’s control. In such cases, JSC Ltd. Co. will refund the prorated amount for the unused portion of the service term. If the Client cancels the Agreement during a service term, no refunds will be issued for services already rendered or scheduled.

 

3.4 Cancellation by JSC Ltd. Co.

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• Right to Terminate: JSC Ltd. Co. reserves the right to terminate this Agreement for any reason by providing the Client with written notice of termination at least 30 days prior to the termination date. In such cases, the Client will receive a prorated refund for the unused portion of the service term, unless termination is due to a breach of the Agreement by the Client (such as non-payment, misuse of services, or violations of the terms outlined in this Agreement).

• Immediate Termination for Cause: JSC Ltd. Co. may immediately terminate this Agreement without notice in the event of fraud, illegal activity, or other serious legal violations by the Client. No refund will be provided in such cases, and the Client will be responsible for any unpaid balance due under the Agreement.

 

3.5 Disputed Charges

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• Dispute Resolution: If the Client believes there is an error or discrepancy in billing, they must notify JSC Ltd. Co. in writing within 30 days of the billing statement’s receipt. Failure to raise a dispute within this time frame will result in a waiver of the Client’s right to dispute the charge.

• Resolution Process: Upon receiving a billing dispute, JSC Ltd. Co. will review the claim and respond to the Client within 10 business days. If the dispute is found valid, JSC Ltd. Co. will adjust the billing statement accordingly. If the dispute is denied, the Client must pay the full amount due, including any late fees or interest, to avoid service disruption.

 

3.6 Changes to Payment Terms

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• JSC Ltd. Co. reserves the right to modify the payment and billing terms of this Agreement at any time by providing the Client with written notice at least 30 days in advance of the changes taking effect. The Client has the option to accept or reject the changes by notifying JSC Ltd. Co. in writing. If the Client does not agree to the modified terms, they may cancel the Agreement before the changes take effect without penalty.

 

4. Service Availability and Scheduling

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This section outlines the availability of services provided by JSC Ltd. Co. under the Comprehensive and Essential maintenance plans, as well as the scheduling protocols and procedures.

 

4.1 Service Availability

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• Normal Operating Hours: JSC Ltd. Co. operates Monday through Friday, from 9:00 AM EST to 6:00 PM EST; Saturday, from 11:00 AM EST to 6:00 PM EST; Closed on Sunday. All services included in the Comprehensive and Essential maintenance plans will be performed during these normal business hours unless otherwise agreed upon. Services requested outside of these hours (e.g., evenings, weekends, or holidays) may incur additional charges, which will be communicated to the Client in advance.

• Geographic Coverage: JSC Ltd. Co. provides services within the geographic area specified in the Client's Agreement. Service requests outside this area may be subject to additional travel fees or may not be available. The Company reserves the right to refuse service outside the agreed-upon geographic area unless special arrangements have been made.

• Exclusions: JSC Ltd. Co. reserves the right to refuse or delay service due to safety concerns, adverse weather conditions, or other unforeseen events beyond the Company’s control. If such conditions arise, the Company will make reasonable efforts to reschedule the service at the earliest possible time.

• Emergencies: JSC Ltd. Co. does not provide emergency services under the maintenance plans. If the Client has an emergency situation (such as a major water leak, electrical failure, or hazardous condition), the Client should contact emergency services or a licensed contractor. JSC Ltd. Co. is not liable for any delay or failure to provide emergency services.

 

4.2 Scheduling Services

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• Regular Maintenance Visits: Under the Comprehensive Plan, JSC Ltd. Co. will perform scheduled monthly and quarterly maintenance visits to conduct the services listed in the Agreement. Under the Essential Plan, regular maintenance visits are also performed monthly and quarterly, but the scope of work may be more limited compared to the Comprehensive Plan.

• Client Scheduling Requests: Clients are responsible for contacting JSC Ltd. Co. to schedule regular maintenance visits. JSC Ltd. Co. will make reasonable efforts to accommodate the Client’s preferred dates and times, but scheduling is subject to availability. It is recommended that Clients schedule maintenance visits at least 14 days in advance to ensure availability.

• Rescheduling: If the Client needs to reschedule a service appointment, they must provide at least 48 hours’ notice. Failure to provide adequate notice may result in a cancellation fee or loss of the scheduled service. JSC Ltd. Co. will make reasonable efforts to reschedule missed appointments but does not guarantee availability within the same billing period.

• Missed Appointments by JSC Ltd. Co.: If JSC Ltd. Co. is unable to attend a scheduled service visit due to unforeseen circumstances (e.g., technician illness, equipment failure), the Company will notify the Client as soon as possible and reschedule the service at no additional cost.

 

4.3 Client Responsibilities for Scheduling

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• Access to Property: The Client is responsible for ensuring that JSC Ltd. Co. has adequate access to the property on the scheduled service date. This includes unlocking doors, deactivating alarm systems, and ensuring that pets or other obstacles do not impede the technician's ability to perform services. If the technician is unable to access the property due to the Client’s failure to provide access, the Client may incur a missed appointment fee, and the service will need to be rescheduled.

• Presence of Client: While it is preferred for the Client to be present during the scheduled service visit, it is not mandatory unless specific issues require the Client's attention. However, the Client must ensure that JSC Ltd. Co. has permission to access the property and conduct the scheduled work. If JSC Ltd. Co. is given access to the property without the Client being present, the Client assumes responsibility for the technician’s activities and decisions regarding the service performed.

• Pre-Service Preparations: The Client is responsible for preparing the property for service, which may include moving furniture, clearing access to work areas, or shutting off utilities if required. JSC Ltd. Co. is not responsible for delays or incomplete services caused by the Client’s failure to prepare the property adequately.

 

4.4 Service Delays and Cancellations

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• Service Delays by JSC Ltd. Co.: JSC Ltd. Co. will make reasonable efforts to perform services on the scheduled date. However, the Company is not liable for delays caused by factors beyond its control, such as inclement weather, supply shortages, or unforeseen technician availability. In such cases, JSC Ltd. Co. will communicate with the Client and reschedule the service as soon as possible.

• Client Cancellations: Clients may cancel a scheduled service visit with at least 48 hours’ notice. Failure to cancel within this time frame may result in a cancellation fee, which will be charged at the discretion of JSC Ltd. Co. If the Client cancels multiple scheduled visits in succession, JSC Ltd. Co. reserves the right to modify or terminate the Client’s Agreement without refund.

• Recurring Services: For recurring services, such as monthly and quarterly maintenance visits, JSC Ltd. Co. will provide reminders to the Client at least one week before the scheduled visit. However, the Client is ultimately responsible for confirming and ensuring their availability for these recurring services.

 

4.5 Non-Scheduled Service Requests

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• On-Demand Services: If the Client requests a service that is not part of the regular maintenance plan (e.g., emergency repairs, additional work outside the covered services), JSC Ltd. Co. will provide an estimated cost for the service, which must be approved by the Client before the work is performed. Availability of on-demand services is subject to technician availability and is not guaranteed.

• Additional Service Requests: If the Client requests additional services during a scheduled visit (e.g., work that exceeds the scope of the plan, such as more than the allowable light bulb replacements or repairs), JSC Ltd. Co. may perform these services at an additional cost, subject to prior approval from the Client. The cost will be invoiced separately and will be due upon completion of the service.

 

4.6 Force Majeure

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• Force Majeure Clause: JSC Ltd. Co. is not responsible for any failure to perform its obligations under the Agreement if such failure is caused by events beyond the Company's reasonable control, including but not limited to natural disasters, government actions, pandemics, labor strikes, or other events classified as force majeure. In such instances, JSC Ltd. Co. will promptly notify the Client and attempt to reschedule the service, but no liability will be incurred for delays or cancellations due to force majeure events.

 

4.7 Acknowledgement of Communication Methods

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• By entering into this Agreement, the Client acknowledges and agrees to receive communications from JSC Ltd. Co. via text messages, emails, phone calls, alerts, and other electronic means for the purpose of scheduling, reminders, service updates, maintenance alerts, or other necessary information related to the services provided under this Agreement. Standard data and messaging rates may apply, based on the Client’s service provider and mobile plan.

 

The Client affirms that such communications are authorized by consenting to this Agreement and acknowledges that these methods facilitate effective and timely service delivery.

 

5. Extended Service Warranty

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This section outlines the terms and conditions of the Extended Service Warranty provided by JSC Ltd. Co. under both the Comprehensive and Essential maintenance plans. The Extended Service Warranty is designed to protect the Client from defects in workmanship and materials for the services provided by JSC Ltd. Co. and to give the Client added assurance that the services will meet expected standards.

 

5.1 Comprehensive Plan Warranty Coverage

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• 1-Year Warranty: Clients enrolled in the Comprehensive Plan receive a 1-year Extended Service Warranty on all services provided under the plan. This warranty covers any defects in workmanship or materials related to the services performed by JSC Ltd. Co.

• Scope of Coverage: The 1-year warranty applies to the specific work completed by JSC Ltd. Co. under the Comprehensive Plan, including:        

1.  HVAC filter changes;

2. Minor drywall repairs;

3. Paint touch-ups;

4. Replacement of light bulbs, electrical outlets, and wall plates;

5. Caulking and re-caulking services;

6. Plumbing and drainage work;

7. Cabinet and drawer hardware repairs or replacements;

8. Staircase railing safety checks and adjustments;

9. Fire extinguisher inspections and replacements 

 

Any defects, failures, or other issues related to the performance of these services will be remedied by JSC Ltd. Co. within the warranty period at no additional cost to the Client.

• Warranty Start Date: The 1-year Extended Service Warranty begins on the date the relevant service was performed by JSC Ltd. Co. and remains in effect for 12 months from that date.

 

5.2 Essential Plan Warranty Coverage

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• 6-Month Warranty: Clients enrolled in the Essential Plan receive a 6-month Extended Service Warranty on all services provided under the plan. This warranty covers any defects in workmanship or materials related to the services performed by JSC Ltd. Co.

• Scope of Coverage: The 6-month warranty applies to the specific work completed by JSC Ltd. Co. under the Essential Plan, including:

1.  HVAC filter changes;

2. Minor drywall repairs;

3. Paint touch-ups;

4. Replacement of light bulbs, electrical outlets, and wall plate;

5. Caulking services;

6. Plumbing and drainage work;

7. Cabinet and drawer hardware repairs or replacements;

8. Staircase railing safety checks and adjustments

 

Any defects, failures, or other issues related to the performance of these services will be addressed by JSC Ltd. Co. within the warranty period at no additional cost to the Client.

• Warranty Start Date: The 6-month Extended Service Warranty begins on the date the relevant service was performed by JSC Ltd. Co. and remains in effect for 6 months from that date.

 

5.3 Warranty Conditions and Exclusions

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• Covered Issues: The Extended Service Warranty covers defects in workmanship, faulty installation, or material failures for services performed under the Client’s selected plan. This includes issues such as improper repairs, inadequate materials, or incomplete work. If any covered issues arise within the warranty period, JSC Ltd. Co. will repair or replace the defective work at no cost to the Client.

• Exclusions: The following issues are not covered under the Extended Service Warranty: 

 

Problems caused by normal wear and tear, such as paint fading or deterioration over time. Issues arising from misuse, neglect, or unauthorized alterations to the work performed. Damages resulting from accidents, improper use of equipment, natural disasters, or acts of vandalism. Services that were not originally performed by JSC Ltd. Co., or any repairs or alterations made by third parties without the Company’s prior approval. Electrical and plumbing issues that arise from pre-existing conditions not disclosed to JSC Ltd. Co. at the time of service. 

• Force Majeure: The warranty does not cover damages caused by events beyond JSC Ltd. Co.’s control, including but not limited to natural disasters, government actions, pandemics, or other force majeure events.

• Client Obligations: To maintain warranty coverage, the Client must: 

 

Notify JSC Ltd. Co. of any issues as soon as they are discovered and within the warranty period. Provide access to the property for inspection and repair of any covered issues. Comply with the terms of this Agreement, including the payment of any outstanding balances. 

 

5.4 Warranty Claims Process

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• Notification of Issues: If the Client believes that a defect covered by the Extended Service Warranty has occurred, the Client must notify JSC Ltd. Co. in writing within the warranty period. The notification must include a description of the issue and any relevant supporting information (e.g., photographs or descriptions of the problem).

• Inspection and Verification: Upon receiving a warranty claim, JSC Ltd. Co. will schedule an inspection of the affected area to determine the validity of the claim. If the issue is covered by the warranty, JSC Ltd. Co. will make the necessary repairs or replacements at no additional cost to the Client.

• Repair or Replacement: JSC Ltd. Co. reserves the right to decide whether to repair or replace the defective work. All warranty-related work will be performed by JSC Ltd. Co. or its authorized subcontractors. The warranty on the repaired or replaced work will extend only for the remainder of the original warranty period.

• Uncovered Issues: If, upon inspection, JSC Ltd. Co. determines that the issue is not covered by the Extended Service Warranty (e.g., due to misuse, unauthorized alterations, or pre-existing conditions), the Client will be notified, and any repairs will be subject to additional charges.

 

5.5 Warranty Transferability

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• Non-Transferable: The Extended Service Warranty is non-transferable and applies only to the original Client who entered into the Agreement with JSC Ltd. Co. The warranty does not transfer to subsequent property owners or tenants unless otherwise agreed upon in writing by JSC Ltd. Co.

 

5.6 Limitations of Liability Under Warranty

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• Limitation of Damages: JSC Ltd. Co.'s liability under the Extended Service Warranty is limited to the cost of repair or replacement of the defective work. The Company is not responsible for any incidental or consequential damages, including but not limited to loss of use of the property, delays in scheduling, or damages caused by the defect to other parts of the property.

• Exclusive Remedy: The Client’s sole and exclusive remedy under the Extended Service Warranty is the repair or replacement of the defective work. No other warranties, express or implied, are granted beyond those explicitly stated in this Agreement.

 

6. Liability

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JSC Ltd. Co. aims to provide high-quality home maintenance services in accordance with the terms of the selected plan. However, by entering into this Agreement, the Client acknowledges and agrees to the following limitations and protections related to JSC Ltd. Co.’s liability:

 

6.1 Scope of Services

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• JSC Ltd. Co. provides services that are routine and preventative in nature. This Agreement covers the specific maintenance tasks outlined in the Client's selected plan (either Comprehensive or Essential). Any additional repairs, major renovations, or emergency services outside the scope of routine maintenance are not covered under this Agreement and are the Client's responsibility unless otherwise agreed in writing.

• JSC Ltd. Co. is not responsible for correcting any underlying issues that go beyond minor repairs, such as significant structural damage, plumbing, electrical malfunctions, or any conditions that pose imminent danger to health or safety.

 

6.2 Limits of Liability

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• Service Delivery: JSC Ltd. Co. will use commercially reasonable efforts to provide services as outlined in this Agreement. However, the Company does not guarantee that all requested services can be completed during a single visit. JSC Ltd. Co. will not be held liable for delays in service completion, provided that such delays are communicated to the Client and rescheduled within a reasonable time frame.

• Exclusion of Indirect or Consequential Damages: JSC Ltd. Co. is not liable for any indirect, incidental, special, or consequential damages that may arise from the use of its services or the failure to provide services in a timely manner, including but not limited to loss of property, loss of income, or damage to reputation, regardless of whether such damages were foreseeable or advised.

• Third-Party Services: If JSC Ltd. Co. recommends third-party contractors or service providers for repairs outside the scope of the plan, the Company assumes no responsibility or liability for the quality, timeliness, or performance of services rendered by those third-party providers. The Client agrees to enter into separate agreements with such third parties and hold JSC Ltd. Co. harmless from any disputes or claims arising from third-party services.

 

6.3 Exclusions from Liability

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• Pre-Existing Conditions: JSC Ltd. Co. is not responsible for damages, repairs, or maintenance related to pre-existing conditions in the Client's home that were not caused by JSC Ltd. Co.’s services. Pre-existing conditions include, but are not limited to, structural defects, long-standing plumbing or electrical issues, and other conditions that existed prior to the commencement of services under this Agreement.

• Client Negligence: JSC Ltd. Co. is not liable for any damages, injuries, or losses resulting from the Client's failure to maintain their home, comply with safety recommendations, or misuse of any equipment, fixtures, or systems within the home. The Client assumes full responsibility for such damages and shall not hold JSC Ltd. Co. liable.

• Force Majeure: JSC Ltd. Co. is not liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, lockouts, civil disturbances, acts of war, government actions, pandemics, and any other events or circumstances that are unforeseeable and beyond the control of the Company.

 

6.4 Damage During Service

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• In the event that damage is caused to the Client’s property as a direct result of JSC Ltd. Co.’s negligence during the performance of services, the Client must notify JSC Ltd. Co. in writing within 48 hours of the service visit in which the damage allegedly occurred. Failure to notify JSC Ltd. Co. within this timeframe may result in the forfeiture of the Client's right to pursue any claims for such damage.

• JSC Ltd. Co.’s liability for any damages resulting from negligence during the provision of services is limited to the cost of repair or replacement of the damaged area or item, at JSC Ltd. Co.’s discretion. JSC Ltd. Co. shall have no liability for any damages in excess of the total amount paid by the Client for the plan subscription under which the damage occurred.

 

6.5 Client Responsibilities

 

Access to Property: The Client agrees to provide JSC Ltd. Co. with timely and reasonable access to the property during scheduled service appointments. If the Client fails to ensure access or does not maintain the property in a condition suitable for services, JSC Ltd. Co. reserves the right to cancel or reschedule the appointment at its discretion. In such cases, the Client may still be charged for the missed service and any additional costs associated with rescheduling. Repeated failure to provide access may result in termination of the service agreement or additional fees.

 

Hazardous Conditions: The Client is responsible for informing JSC Ltd. Co. in advance of any hazardous conditions at the property, including but not limited to mold, asbestos, unsafe electrical wiring, structural defects, or plumbing issues that may pose risks to the safety of service providers. JSC Ltd. Co. is not liable for any injuries, delays, or additional costs arising from undisclosed hazardous conditions. Should such conditions be discovered during the service, JSC Ltd. Co. reserves the right to halt the work immediately and will not be liable for any damages or delays. The Client will be responsible for covering any additional expenses incurred as a result of hazardous conditions, including costs for specialized services or equipment necessary to safely complete the work.

 

By failing to disclose known hazards, the Client assumes responsibility for any risks or damages to both the property and service providers, and may be held liable for additional fees, injuries, or repair costs.

 

6.6 Waiver and Release

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• By entering into this Agreement, the Client acknowledges and agrees that JSC Ltd. Co. is not responsible or liable for any loss or damage resulting from the use or misuse of services provided under this Agreement, except as expressly stated herein.

• The Client agrees to indemnify, defend, and hold JSC Ltd. Co., its owners, employees, agents, and contractors harmless from and against any and all claims, losses, liabilities, and damages (including reasonable attorney's fees) arising out of or relating to any third-party claims resulting from actions or omissions by the Client or arising from non-covered services performed at the request of the Client.

 

6.7 Limitation on Total Liability

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• In any event, JSC Ltd. Co.'s total liability to the Client for any and all claims, damages, or losses, whether arising in contract, tort, or otherwise, shall be limited to the total amount paid by the Client to JSC Ltd. Co. under this Agreement during the 12-month period immediately preceding the claim. This limitation of liability is cumulative and not per incident.

• Under no circumstances shall JSC Ltd. Co.'s liability exceed this total amount, regardless of the nature or number of claims.

 

7. Modifications

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This section outlines the conditions and procedures under which modifications to the services, terms, and conditions of this Agreement may be made by either JSC Ltd. Co. or the Client. It is designed to protect both parties and ensure that any changes are clearly documented, mutually agreed upon, and in compliance with applicable laws.

 

7.1 Modification by JSC Ltd. Co.

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• Company-Initiated Changes: JSC Ltd. Co. reserves the right to modify the scope of services, terms, pricing, or other aspects of this Agreement at any time, subject to providing the Client with reasonable notice. Such changes may be necessary due to factors including, but not limited to, changes in material costs, regulatory requirements, safety concerns, or business needs.

• Notice Requirement: JSC Ltd. Co. will notify the Client in writing of any material changes to this Agreement at least 30 days in advance. The notice will include details of the modifications, the reason for the changes, and the effective date.

• Client Rights: If the Client does not agree with the proposed modifications, they may terminate the Agreement under the terms outlined in the Cancellation clause (see section 3.3). However, if the Client continues to use JSC Ltd. Co.’s services after the effective date of the modification, it will be deemed that the Client has accepted the changes.

 

7.2 Modification by the Client

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• Client-Initiated Changes: The Client may request modifications to the services provided under this Agreement, including but not limited to changes in the scope of services, frequency of visits, or additions to the work performed. Any such requests must be made in writing to JSC Ltd. Co. and are subject to the Company’s approval.

• Approval of Client Requests: JSC Ltd. Co. will review any modification requests submitted by the Client and respond within a reasonable time frame. If the requested modifications are feasible and do not significantly alter the nature of the Agreement, JSC Ltd. Co. may approve the changes. However, the Company reserves the right to reject any requests that it deems impractical, unsafe, or inconsistent with the original scope of work.

• Changes in Pricing: If the requested modifications result in an increase or decrease in the cost of services, JSC Ltd. Co. will provide the Client with a revised estimate of the costs. Any additional charges or credits will be reflected in the Client’s billing cycle, and a new or updated agreement may be issued to reflect the changes.

 

7.3 Documenting Modifications

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• Written Amendments: Any modifications to this Agreement must be documented in writing and signed by both the Client and JSC Ltd. Co. Oral agreements or informal communications, such as phone calls or emails, will not be considered binding unless followed by a formal written amendment.

• Amendment Date: All amendments will specify the effective date of the modifications, which will be agreed upon by both parties. Any services performed prior to the amendment date will be governed by the original terms of the Agreement.

 

7.4 Scope of Modifications

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• Permitted Modifications: Modifications may include, but are not limited to: 

Changes in service frequency (e.g., quarterly to monthly); Additions to or reductions in the services provided (e.g., including additional repairs or removing certain tasks); Adjustments in pricing or discounts based on changes to the service plan; Updates to comply with changes in applicable laws, regulations, or codes 

• Prohibited Modifications: The following types of modifications will not be permitted: 

Any changes that violate local, state, or federal laws or regulations, including those related to health and safety. 

Any changes that compromise the integrity or safety of the property or the work being performed. 

Any unauthorized changes to materials or processes used by JSC Ltd. Co. for completing the services. 

 

7.5 Modifications Due to Changes in Law

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• Legal Compliance: If any modification to the services or terms of this Agreement becomes necessary due to changes in local, state, or federal law (including laws specific to the state of Georgia), JSC Ltd. Co. will notify the Client in writing of the required changes and their effective date. Such modifications will be made in compliance with applicable legal requirements, and any associated costs will be passed on to the Client as permitted by law.

• Notice of Legal Changes: JSC Ltd. Co. will provide the Client with at least 30 days’ notice of any modifications required by law unless a shorter time frame is mandated by the applicable regulatory authority. The notice will include a description of the legal change, how it affects the Agreement, and any changes in pricing or service scope.

 

7.6 Force Majeure and Modification

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• Modifications Due to Force Majeure Events: In the event that unforeseen circumstances such as natural disasters, government actions, pandemics, or other force majeure events impact JSC Ltd. Co.’s ability to provide services, the Company reserves the right to modify the terms of this Agreement accordingly. Such modifications may include changes in service availability, scheduling, pricing, or scope of work, and will be communicated to the Client in a timely manner.

• Temporary Suspension of Services: If force majeure events temporarily suspend JSC Ltd. Co.’s ability to perform services, the Company may offer alternative service dates or modify the Agreement to accommodate the delay. The Client will not be charged for any services not performed due to such events.

 

8. Communication Methods Acknowledgement and Consent

 

8.1 Purpose and Scope

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By entering into this Agreement, the Client acknowledges and consents to receiving communications from JSC Ltd. Co., including but not limited to reminders, scheduling confirmations, service updates, maintenance alerts, billing information, and notifications of plan changes, using various communication methods, as outlined below.

 

8.2 Authorized Communication Channels

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JSC Ltd. Co. may contact the Client via the following channels:

• Text Messages: Standard text messaging to the Client’s registered mobile number(s). Data rates from the Client’s mobile service provider may apply.

• Email: Communications will be sent to the Client’s provided email address and may include attachments or links as required.

• Phone Calls: Voice calls made to the Client’s registered contact number(s), including voicemail messages if unavailable.

• Automated Calls and Texts: JSC Ltd. Co. reserves the right to use automated systems to deliver important messages, such as reminders or urgent service updates.

• Electronic Notifications and Alerts: Through JSC Ltd. Co.’s website, mobile app, or third-party service provider, the Client may receive push notifications or alerts.

 

The Client consents to these communications as part of their plan and acknowledges that they may contain important information pertinent to the services provided under this Agreement.

 

8.3 Opt-Out and Communication Preferences

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The Client has the right to opt-out of certain non-essential communications (e.g., marketing or promotional messages) by notifying JSC Ltd. Co. in writing or using an available opt-out feature provided in the communication (e.g., “unsubscribe” links in emails). However, opting out of essential communications (such as scheduling or service notifications) may limit JSC Ltd. Co.’s ability to provide timely and accurate service, and the Company assumes no liability for service delays or missed appointments resulting from such opt-outs.

 

8.4 Responsibility for Data Charges and Costs

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The Client is solely responsible for any data, messaging, or service charges incurred as a result of receiving communications from JSC Ltd. Co. JSC Ltd. Co. assumes no responsibility for these charges, which are subject to the Client’s individual service plan with their carrier.

 

8.5 Accuracy of Contact Information

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The Client agrees to provide JSC Ltd. Co. with accurate and current contact information and to promptly communicate any updates or changes in writing or through any other agreed communication channels. This ensures continued service availability and effective communication. JSC Ltd. Co. shall not be liable for any missed communications resulting from outdated or incorrect contact information provided by the Client.

 

8.6 Electronic Communication Security

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JSC Ltd. Co. will take commercially reasonable measures to protect the security and confidentiality of electronic communications. However, the Client acknowledges that electronic communication methods, including email, text, and push notifications, may carry certain risks, including unauthorized access or interception. The Client assumes responsibility for maintaining their own security measures to safeguard these communications, including keeping their email and mobile devices secure.

 

9. Governing Law

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This section outlines the laws governing the interpretation, validity, and enforcement of this Agreement and clarifies that certain services requiring permits are outside the scope of this Agreement.

 

9.1 Jurisdiction

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• State of Georgia: This Agreement is governed by and will be construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to this Agreement must be brought in a state or federal court located in Georgia. Both JSC Ltd. Co. and the Client consent to the exclusive jurisdiction of these courts and waive any objections to the venue of such courts.

 

9.2 Compliance with Local Laws

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• Adherence to State and Local Regulations: JSC Ltd. Co. is committed to performing all services in accordance with applicable state and local laws, regulations, and safety standards of Georgia. However, the Client acknowledges that JSC Ltd. Co. does not perform any services under this Agreement that require a building permit or other official government approval. These plans strictly cover maintenance and minor repairs that do not require such permits. The Client is responsible for securing any necessary permits for work outside the scope of this Agreement.

• No Permit-Required Work: JSC Ltd. Co.’s maintenance plans specifically exclude any work or services that would legally require a permit, such as structural changes, electrical rewiring, plumbing modifications, or other major repairs that fall outside the "routine maintenance" category. Any work requiring a permit must be handled separately by the Client through a licensed contractor.

 

9.3 Dispute Resolution

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• Negotiation and Mediation: In the event of a dispute arising from or relating to this Agreement, both JSC Ltd. Co. and the Client agree to attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through negotiation, either party may request that the matter be submitted to mediation in accordance with the mediation rules of the State of Georgia.

• Litigation: If mediation is unsuccessful, either party may initiate litigation in the courts of Georgia, as described in Section 9.1. Both parties agree that litigation will only be pursued as a last resort after all other avenues of resolution have been exhausted.

 

9.4 Severability

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• Partial Invalidity: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to make it enforceable. If modification is not possible, the provision will be severed from the Agreement, and the remaining provisions will remain in full force and effect.

• Modification of Invalid Provisions: The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that most closely approximates the intent of the original provision and that complies with applicable laws.

 

9.5 No Waiver

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• Failure to Enforce: The failure of either party to enforce any provision of this Agreement will not be construed as a waiver of that provision or of the right to enforce it in the future. Both JSC Ltd. Co. and the Client retain the right to enforce any and all provisions of this Agreement at any time.

• Consistent Enforcement: JSC Ltd. Co. reserves the right to enforce the terms of this Agreement consistently. Any failure to enforce a specific term or provision does not imply that the Company waives its right to enforce other terms or the same term in the future.

 

9.6 Attorney's Fees and Costs

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• Recovery of Legal Fees: In the event that legal action is necessary to enforce the terms of this Agreement or to resolve a dispute, the prevailing party will be entitled to recover its reasonable attorney’s fees and court costs from the other party, in addition to any other relief to which it may be entitled. This applies to both litigation and arbitration or mediation processes.

 

9.7 Entire Agreement and Amendments

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• Integration: This Agreement represents the entire agreement between JSC Ltd. Co. and the Client with respect to the services provided and supersedes any prior oral or written agreements, negotiations, or communications between the parties.

• Amendments: No amendment or modification of this Agreement will be effective unless it is in writing and signed by both JSC Ltd. Co. and the Client. Any oral agreements or changes made outside of a formal written amendment will not be enforceable. This Agreement is governed by and construed in accordance with the laws of the State of Georgia. Both parties agree to submit to the jurisdiction of the state and federal courts located in Georgia for any disputes arising out of or relating to this Agreement.

 

10. Authority to Agreement

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Both parties affirm that they have the full legal capacity and authority to enter into this Agreement and to bind themselves or the entities they represent to the terms and conditions stated herein. Each party represents and warrants that the person acknowledging this Agreement on their behalf is duly authorized to execute and deliver this Agreement and that no further corporate, governmental, or other approvals or authorizations are required.

 

10.1 Representation of Authority

 

By acknowledging this Agreement, both parties confirm that:

• They have the legal right, power, and authority to enter into and fully perform their obligations under this Agreement.

• All necessary corporate, organizational, or individual approvals have been obtained to execute the Agreement.

• The execution and performance of this Agreement do not violate any applicable laws, regulations, or any other agreements that the parties are bound by.

 

10.2 Personal Liability and Acknowledgment

 

In the event that an entity or person to this Agreement is later found to lack the appropriate authority to bind the respective party (whether a corporation, partnership, or other legal entity), that entity or person agrees to be personally liable for any and all damages, costs, and liabilities that arise as a result of the lack of authority. Additionally, such a lack of authority shall not invalidate the Agreement itself but may lead to enforceable personal obligations of the unauthorized signatory.

 

10.3 Indemnity for Misrepresentation 

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Each party agrees to indemnify and hold the other party harmless from any claims, damages, liabilities, or expenses (including reasonable attorney's fees) arising from any breach of the representations and warranties made in this section. If either party is found to have entered into this Agreement without proper authority, they will be responsible for indemnifying the other party for any resulting legal or financial consequences.

 

10.4 No Challenge to Validity

 

By proceeding with purchase of the service plan(s), under this Agreement, both parties agree not to challenge the validity, enforceability, or binding nature of this Agreement in any court of law or other dispute resolution process based on claims of lack of authority. Both parties acknowledge that they have had the opportunity to consult legal counsel and are fully aware of the implications of entering this Agreement.