Terms of Service

TERMS OF SERVICE

Last Updated: April 23, 2025


1. ACCEPTANCE OF TERMS

By accessing or using our website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on our website. Your continued use after such modifications constitutes acceptance of the updated Terms.


2. SERVICE DESCRIPTION

We provide home maintenance and repair services, which may include basic home repairs, appliance maintenance, and other residential maintenance services. Services are performed by our employees and/or independent contractors. For specific details regarding services offered or excluded, please refer to your service agreement.


3. WARRANTY DISCLAIMERS

While we strive for quality work, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not guarantee specific results from repairs performed as property conditions vary, and unforeseen circumstances may affect repair outcomes. We are not responsible for pre-existing conditions discovered during repairs that were not apparent during initial assessment.


4. HOME WARRANTY

If applicable, we may offer limited warranty coverage for certain appliances and home systems. The specific terms, coverage limitations, and exclusions will be detailed separately in your service agreement. Any warranty provided applies only to services performed by us and does not extend to pre-existing conditions or issues caused by third parties.


5. USER RESPONSIBILITIES

You agree to:

  • Provide accurate and complete information when using our Services

  • Maintain the confidentiality of your account information

  • Promptly notify us of any unauthorized account access

  • Grant reasonable access to your property for service performance

  • Ensure a safe working environment for our service providers

  • Disclose known defects or issues related to requested services


6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES OR ANY WORK PERFORMED. This includes but is not limited to:

  • Damages resulting from service interruptions

  • Damages caused by pre-existing conditions

  • Property damage discovered during normal service operations

  • Any loss of profits, data, or goodwill

OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICE IN QUESTION DURING THE PRIOR SIX (6) MONTHS, OR $500, WHICHEVER IS GREATER.


7. INTELLECTUAL PROPERTY

All content on our website, including text, graphics, logos, icons, images, and software, is our property and protected by applicable copyright and trademark laws. You may not copy, modify, distribute, or create derivative works based on our content without our explicit permission. By providing feedback or suggestions about our Services, you grant us a non-exclusive, royalty-free, perpetual license to use and incorporate such feedback.


8. DISPUTE RESOLUTION


Mandatory Arbitration

Any disputes arising from these Terms or our Services shall be resolved through binding arbitration conducted in California according to the American Arbitration Association's rules. The arbitration shall be conducted by a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction.


Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.


Pre-Arbitration Resolution

Before initiating arbitration, you agree to notify us of the dispute in writing and attempt to resolve it informally within 60 days of notice. Notices should be sent to: 2128 N 1st St., Suite J, San Jose, CA 95131.


9. PAYMENT AND CANCELLATION POLICY


Payment Terms

Payment for services is due as specified in your service agreement. We accept major credit cards and other payment methods as indicated at the time of service. All payments are processed through secure third-party payment processors subject to their terms of service.


Cancellation Policy

Cancellations must be made at least 24 hours before scheduled service. Late cancellations may incur a fee of up to 50% of the scheduled service cost. Repeated cancellations may result in service termination.


Refunds

Services are generally non-refundable once performed. If you are dissatisfied with a service, please contact us within 7 days to discuss potential remedies. We reserve the right to determine appropriate resolutions on a case-by-case basis.


10. TERMINATION

We reserve the right to suspend or terminate your account or access to our Services for any reason, including violation of these Terms, at our sole discretion. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


11. PRIVACY POLICY


Your use of our Services is also subject to our Privacy Policy, which can be found at our website. By using our Services, you consent to the collection and use of information as detailed in our Privacy Policy.


12. THIRD-PARTY SERVICES


Our Services may integrate with or link to third-party services. We are not responsible for third-party content, services, or practices, including their privacy policies. Your interactions with third parties are solely between you and that third party.


13. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Services, your violation of these Terms, or your violation of any rights of another.


14. GOVERNING LAW


These Terms shall be governed by the laws of California without regard to conflict of law principles. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.


15. FORCE MAJEURE


We will not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including natural disasters, acts of war, terrorism, riots, labor strikes, or governmental actions.


16. ASSIGNMENT


You may not assign these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.


17. ENTIRE AGREEMENT


These Terms constitute the entire agreement between you and us regarding the Services, superseding any prior agreements.


18. CONTACT INFORMATION

For questions about these Terms, please contact us at: HIGS 2128 N 1st St., Suite J, San Jose, CA 95131 Email: admin@higs.us Phone: 408-441-1289