TERMS AND CONDITIONS OF the
SERVICE AGREEMENT (“the Agreement”)
The Agreement was last updated on January 15th,2018.
- Thank you for signing up for a [type of subscription (Pay As You Go / Two (2) Hours Trial/ Bronze Membership Package / Silver Membership Package / Gold Membership Package/ Senior Special)] with Errands Master LLC (“Errands Master”) at https://errandsmaster.com/ (“Website”) owned and operated by Kizzy Cooke located at 40 Hunt Ave Apt 5 A, Stratford NJ 08084.
- By placing an order, [clicking to accept this Agreement/signing and returning the original of this Agreement] or using or accessing any Errands Master or related services, you agree to all the terms and conditions of the Agreement.
- If you are using or ordering Errands Master service(s) or related service(s) on behalf of a Company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
- The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between Errands Master and the Client from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from Errands Master.
- No failure or delay by Errands Master in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Errands Master of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
- We hereby remind you that the terms and conditions of the Agreement pursuant to Clause 25 and 26 may be changed without prior notice to you, so you should make sure to check this page from time to time.
DEFINITION AND INTERPRETATION
- The following words used herein have the following definitions and meanings:-
- 7.1. ‘Authorized Users’ refers to the Client’s employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Client.
- 7.2. ‘Client’ refers to you as the receiver of the Services and will also include inter alia, to your employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of you.
- 7.3. ‘Materials’ refers to any materials, goods, parts or items Errands Master needs to buy in order to perform the Services.
- 7.4. ‘Parties’ collectively refers to ‘Errands Master’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of Errands Master for the carrying out of the Services as the Service Provider and ‘You’ as the Client and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
- 7.5. ‘Services’ refers to the assistance we provided and will provide including but not limited to the list of Services hereinafter enlisted in Appendix A and the Website (subject to change).
- 7.6. ‘Service Provider’ refers to Errands Master and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorized to act on behalf of Errands Master for the carrying out of the Services.
- 7.7. ‘We, Us or Our’ refers to Errands Master and its employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of Errands Master for the carrying out of the Services.
- ‘7.8. You or Your’ refers to the Client with reference to clause 7.1.
- General terms of Services
- 8.1. Errands Master shall provide the Services to the Client subject to the terms and conditions contained herein or any other reference to documents referred to by Errands Master to the Client or such other terms and conditions as may be agreed in writing between Errands Master and the Client.
- 8.2. The Services permits the Client to instruct Errands Master to facilitate errands for or on the behalf of the Client. This may involve without limitations the pickup and/or delivery of personal or other items, messages or goods.
- 8.3. Errands Master may decline to run an errand which it deems immoral or unlawful.
- 8.4. Errands Master has a weight restriction of 50lbs applicable to all carriages. Outsize items may attract an extra charge or be declined to be carried by Errands Master.
- 8.5. Errands Master and its employees, staff, agents and/or other entity authorized by Errands master will travel up to 25 miles without charge to provide you with the Services. If the travel distance exceeds 25 miles an extra charge will be incurred per the Schedule of Charges in Clause 12 hereinafter provided.
- 8.6. Subject to the absolute discretion of Errands Master, with the prior notification to Errands Master, it will provide Services and delivery on an urgent basis subject to the Schedule of Charges in Clause 12 hereinafter provided.
- 8.7. Errands Master and all its Services are fully insured. Upon prior request by you, Errands Master will provide a copy of the Certificate to the Client for review.
- 8.8. If in any event, Errands Master is unable to provide the Services, it will inform the Client as soon as reasonably possible.
- Timing, Turnaround, and Delivery of Services
- 9.1. Generally, Errands Master will provide the Services upon the signing of an agreement to the terms and condition of the Agreement.
- 9.2. The date and time of providing the Services will be dependent on the appointment the Client has chosen on the Website and/or on a date agreed between Errands Master and the Client prior to the signing of and agreeing to the Agreement.
- 9.3. Any changes to the agreed and/or selected date and time of providing the Services by the Client will be subject to the absolute discretion of Errands Master. Errands Master reserves the right not to accept the changes of date and time and reserves the rights to propose an alternative date and/or terminate the contract. All of Errands Master’s rights are hereby expressly reserved.
- 9.4. If Errands Master is unable to provide the Services, it will inform the Client as soon as reasonably possible.
- Working Hours
- 10.1. Unless otherwise suggested and/or agreed and subject to any prior agreements between the Parties, we will provide the Services from Monday to Thursday from 9:00 a.m. to 5:00 p.m. and Friday from 9:00 a.m. to 4:00 p.m.
- Responsibilities, Obligations, and Due Diligence
- 11.1. At the absolute discretion of Errands Master, it will provide the Client with the Services in its best endeavor at the dates and times selected by the Client prior to the signing and agreeing to the Agreement and/or on the basis agreed between the Parties.
- 11.2. In the event that Errands Master is unable to provide the Services within a reasonable period from the dates(s) and time(s) and Errands Master has agreed or notified the Client then the Client will have the rights subject to the terms and conditions contained herein to:
- 11.2.1. exercise the Client’s option to wait until Errands Master is available to start performing the Services; or
- 11.2.2. terminate the Agreement (all claims for losses and damages are subject to the provisions contained herein)
- 11.3. In the event that Errands Master has begun performance of the Services and the Client has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Client will be liable to pay for any Services incurred by Errands Master up to the date of termination of the Agreement. The Client will also be liable for any payments/expenses for any Materials which were paid by or to be incurred by Errands Master. Any payments by the Client for the expenses of Materials will be accordingly deducted and the excess of which will be reimbursed to the Client within 3 days of the termination of this Agreement.
- 11.4. Without limitation to any of the rights contained herein and contractual remedies, Errands Master reserves the right to claim for any loses and damages incurred as a result of the termination.
- 11.5. The Client shall not request Errands Master to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of Errands Master.
- 11.6. The Client shall endeavor to provide Errands Master with as much detailed information as possible regarding the Services under request in order for Errands Master to provide excellent services.
- 11.7. The Client shall not request Errands Master to perform Services to, from and for people or places where Errands Master’s staffs, employees, agents and any other duly authorized entities of Errands Master may experience any form of abuse, bodily harm or death.
- 11.8. In the event that the Client should request that Errands Master use the Client’s credit card and /or credit facilities for the purpose of rendering Services, the Client shall, promptly and upon request, provide written confirmation of such authorization for Errands Master to use any such credit facility. The Client acknowledges and agrees that Errands Master shall have no liability or be responsible in any way whatsoever in respect of the use of the Client’s credit card and /or other credit card facilities provided that Errands Master acts in accordance with the instructions issued by the Client in relation thereto.
12.1. Errands Master offers the following Schedule of Payments:-
Has a fee ranging from $25 to $45 USD per hour. Our hourly rate depends on the complexity of your tasks, and there’s a minimum of one (1) hour for each service request. Clients will be billed in 15 minutes increments.
A 2-hour trial is offered to clients who would like to trial our services to learn more about us and before committing to a membership package.
- (c) Bronze Membership Package
A client can choose to use services for 12 hours per month. Hours must be used between Monday to Friday 9:00 am to 5:00 pm and within a 1 month period.
- (d) Silver Membership Package
A client can choose to use services for 24 hours per month. Hours must be used between Monday to Friday 9:00 am to 5:00 pm and within a 1 month period.
- (e) Gold Membership Package
A client can choose to use services for 40 hours per month. Hours must be used between Monday to Friday 9:00 am to 5:00 pm and within a 1 month period.
A client can choose to create his/her own custom package.
No refunds will be given if the hours are not used within the time period.
We’ll be offering free consultations to clients to help them learn more about us and for us to learn more about them and their needs. Our Consultations times are 30 mins to 1 hour.
There are no obligations to our consultations.
- (h) Additional Charge – Travel Beyond 25 miles
At the Rate of US $0.75 per mile
- (i) Additional Charge – On Urgent Basis
A 20% fee will be added to our regular hourly rate.
- (j) Additional Charge – Holiday
At the Rate of $60 per hour with a minimum of 1 hour.
- (k) Additional Charge – Credit Card Payment
At a Rate of 3%
- (l) Additional Charge – Bounced / Returned Checks
A Fee Of US $35
- (m) Additional Charge – Handling Charge
- (n) Additional Charge – After Hours Service
An additional 30% fee may be added to our hourly rate depending on the particular task
(collectively referred to as the “Charge”)
12.2. Errands Master requires payment for Services and Materials to be made prior to the performance of Service.
12.3. The amount stated per the Schedule of Payments is [inclusive/exclusive] of Goods and Services Tax.
12.4. For any reasons, if you fail to make your payment, Errands Master reserves the right to refuse to provide the Client with the Services or any part thereof and/or charge interest (at an interest rate of 5%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 7 days from the date payment is required.
12.5. Errands Master shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Client before any payment is made.
12.6. Errands Master shall be entitled to invoice the Client for any incidental costs incurred during the facilitation of the Client’s request, including costs from unexpected delays, toll charges etc.
12.7. All payments made to Errands Master via Credit Card transactions are liable to a 3% handling charge. This handling charge of 3% is added to the total sum owing to Errands Master by the Client.
- 13.1. In the event that Errands Master for the purpose of performing the Services requires the purchase of Materials, the Client shall at its earliest convenience effect payment for the Materials.
- 13.2. In the alternative, the Client shall reimburse Errands Master for any payment for the purpose of purchasing Materials required for the Services at the end of the relevant work day.
- 13.3. In the event that prior arrangement is needed for Materials that require access and Errands Master is unable to access the Client’s Materials, the Client may be charged a cancellation fee of US$35.
- Third Party Suppliers and Services
- 14.1. Errands Master may engage third party suppliers on your behalf for the purpose of providing you with the Services. All terms and conditions of the Third Party Supplier will be binding on the Client.
- 14.2. By engaging in the Services, you authorize Errands Master and its authorized staff, employees, agents and entities duly authorized by Errands Master to engage Third Party Suppliers on the Client’s behalf and all action(s), contracts entered into between Errands Master and Third Party Suppliers are deemed duly authorized by the Client. All contract is made on the Client’s behalf and in no way will render and/or constitute and attract personal liability whatsoever on Errands Master.
- 14.3. The Client will be liable for any payment(s) or monies due and payable to the Third Party Supplier and will be paid in accordance with the contract Errands Master signs and accepts on the Client’s behalf with the Third Party Supplier.
- 14.4. Errands Master will in its best endeavor provide and seek your authorization and review of any payments and services from the Third Party Supplier. Errands Master will use its utmost reasonable efforts to select the Third Party Supplier for the purpose of performing the Services and such efforts include but is not limited to quality, budget, qualifications, competency and being insured.
- 14.5. Errands Master’s duty to choose a Third Party Supplier is discharged by exercising reasonable efforts and will not in any way be liable for, including but not limited to the fault, misrepresentation, genuine of goods, warranties of the Third Party Supplier.
- 14.6. Errands Master does not in any way whatsoever warrant the services and goods of the Third Party Supplier.
- 14.8. Errands Master will not be liable for any disputes arising out of and in connection and include but not limited to any agreement(s) made between you and the Third Party Supplier(s) and you hereby agree to indemnify and release Errands Master and its authorized employee, staffs, agents and/or other entities duly authorized by Errands Master from any liability whatsoever in respect of any claim(s), disputes or action arising out of or in connection with you and the Third Party Supplier.
- 14.9. In the event that the Client wishes to file a complaint against the Third Party Supplier, such complaints should be made directly to the Third Party Supplier.
- Termination and Refunds
- 15.1. After the Parties have entered into the Agreement, refunds may only be requested, subject to the final discretion of Errands Master when a performance by Errands Master has not begun.
- 15.2. In the event that performance has begun, Clause 11.3 and 11.4 herein shall apply.
- 15.3. Any refunds made by Errands Master will be with reduction of the direct costs including any handling costs.
- 15.4. Without prejudice to any other rights and remedies available, Errands Master shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the Client commits a serious breach of the terms and conditions contained herein. Errands Master reserves the right to claim against the Client including but not limited to losses and damages as a result of the termination by the Client.
- 15.5. On termination for any reason whatsoever, the Client shall immediately make payment to Errands Master of all and any sums outstanding and owed to Errands Master.
- 15.6. In the event that a deposit is paid by the Client, at the sole discretion of Errands Master, the deposit will be retained by Errands Master and for the necessary deduction of Errands Master losses and costs without prejudice to its rights to further claim damages against you.
LIABILITY, EXCLUSION, AND LIMITATIONS
- Errands Master warrants to the Client that it shall use all of its reasonable endeavors to provide the Services using reasonable care and skill and as far as reasonably possible, in accordance with the Client requests and instructions.
- Errands Master will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.
- Errands Master shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of Errands Master has knowingly acted in a negligent manner.
- Errands Master shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault of the Client.
- Errands Master shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of Errands Master’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Errands Master’s reasonable control.
- Subject to the provisions of the terms and conditions contained herein, the maximum liability of Errands Master to the Client for breach of any of its obligations hereunder shall be limited to the value of the Schedule of Payments (provided that the Charge has at such time been paid by the Client in full).
DISCLOSURE OF INFORMATION
- All information received by Errands Master in relation to the Client shall remain confidential and, except as may be required by law, Errands Master shall not, without the Client’s prior written consent, disclose or divulge to any third party any information of any nature whatsoever in relation to the Client.
- Unless Errands Master receives notice from the Client to the contrary, Errands Master shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services that Errands Master considers may be of interest to the Client.
- Errands Master may update or modify this Agreement from time to time. If Errands Master modifies the Agreement during the Services, the modified version will take effect upon the next Service.
- Client may be required to check the update version from time to time after the modified version takes effect, in any event, the continued use of the Services shall constitute acceptance of the modified version.
- If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
- Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
- Nothing in the Agreement prevents Errands Master from disclosing Client information and data to the extent required by law, subpoenas, or court orders, but Errands Master will use commercially reasonable efforts to notify Client where permitted to do so.
- The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the Agreement without the advance written consent of the other party, except that Errands Master may assign the Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities. Any attempt to transfer or assign the Agreement except as expressly authorized under this Clause 30 will be null and void.
- The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals, and representations with respect to the Errands Master or any other subject matter covered by this Agreement.
GOVERNING LAW, JURISDICTION, AND VENUE
- This Agreement is governed by the laws of the State of New Jersey and the United States, without regard to choice or conflict of law rules thereof.
- Errands Master welcomes your questions or comments regarding the foregoing Terms.
Effective as of January 15th,2018