You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.
Tech2Home (hereinafter referred to as “Tech2Home”) operates an internet service for the brokerage of local services. Via the platform, consumers (hereinafter referred to as “Client”) can search for and book service providers (hereinafter referred to as “Tech”) for various services. The following terms and conditions (hereinafter referred to as “Terms and Conditions”) govern your rights and obligations when using the services of Tech2Home. Any other terms and conditions, unless expressly stated in the following regulations, shall not apply.
1. Registration, search queries
1.1 Tech2Home offers the client a brokerage platform through which the client can search for various services and, if necessary, contract with a Tech.
1.2 The prerequisite for search requests by the client is prior registration by providing the mandatory information. The user contract concluded with Tech2Home upon registration begins with the sending of the search query and ends at the latest with the placing of the order with the Tech, unless the client has withdrawn the search query earlier. In this case, the user agreement ends with the withdrawal of the search query by the client.
1.3 When submitting search requests, the Client shall provide truthful and complete information with regard to all required information. This applies in particular to information concerning identity, address, telephone number, and e-mail address. If the aforementioned information changes during the term of the user contract, the client must notify Tech2Home of the change so that the search query can be adjusted accordingly.
1.4 Clients are prohibited from making search queries that are not intended for the subsequent placement of a corresponding order.
1.5 Tech2Home expressly reserves the right to delete corresponding search queries and to reject future search queries of the client if it becomes aware of a violation of the regulations contained in Section 1.3. and 1.4.
2. Subject matter of the service
2.1 Tech2Home provides clients with an Internet platform on which they can search for Techs for various services. The activity of Tech2Home is exclusively aimed at bringing together clients and Techs.
2.2 For this purpose, Tech2Home will forward search queries of clients to suitable Techs according to their search criteria, or present suitable Techs, provided that corresponding Techs are registered with Tech2Home. However, Tech2Home does not assume any guarantee for the provides services by a Tech.
2.3 The Techs registered with Tech2Home are independent Contractors. A contractual relationship regarding the execution of the order is exclusively established between the client and the Tech. The content of the contract is governed by the agreements made between the client and the Tech and applicable contract law.
2.4 It is the sole responsibility of the client to check whether the Tech selected by him/her has the necessary qualifications for the execution of the order and whether the offer includes all the services and quality features requested by the client. Tech2Home does not assume any guarantee for the information provided by the Tech on his/her profile or in his/her offer.
2.5 Tech2Home is not subject to any rights and obligations regarding the contractual relationship between the client and the Tech. In particular, Tech2Home assumes no liability for any breaches of duty by the contracting parties.
3. Information provided by the client
3.1 The client ensures that he/she owns the necessary rights for all content that he/she posts or makes accessible in the context of a search query, such as texts, music, images, or videos.
3.2 Tech2Home is entitled to remove the content of the client or not to publish search queries if they violate legal provisions, the rights of third parties, or these Terms and Conditions.
4. Restrictions of use
Tech2Home endeavors to avoid impairments or other restrictions on the use of the services as far as this is technically possible. However, due to the further development and maintenance of the services of Tech2Home, temporary restrictions of use may occur.
5. Evaluation of the Techs
5.1 After the execution of an order, Tech2Home offers the clients the possibility to rate the Tech with regard to the execution of the order. The main purpose of this is to provide other clients with Tech2Home with a reliable picture of the Tech with regard to the quality of the work as well as the general appearance.
5.2 For this reason, the client is only entitled to submit evaluations that reflect a true picture of the execution of the order. Furthermore, the evaluations are to be written in a factual form. Tech2Home reserves the right to delete untrue, non-objective, insulting, or defamatory reviews in whole or in part and, in the case of particularly serious violations of the above regulations, to block the client from future use of the internet platform.
5.3 Tech2Home expressly points out that ratings that violate legal norms can be reported to the police.
6.1 Tech2Home endeavors to consider only those Techs in the placement process who have the required qualifications both in fact and in law. However, Tech2Home is not liable for the information or actions of the technicians.
6.2 Tech2Home does not give any assurance about the suitability, availability, or quality of the offered service of the Tech and does not assume any responsibility in this respect.
6.3 Within the scope of the services offered, Tech2Home acts exclusively as an intermediary of services. Tech2Home is therefore not liable for any claims or damages whatsoever arising from a legal relationship between the client and the Tech. The Techs are not vicarious agents of Tech2Home.
6.4 Insofar as Tech2Home provides its own services to the client within the scope of the services offered, the liability is generally limited to intent and gross negligence. This does not apply to damages to life, body, and health, to the violation of obligations that make the performance of the service possible in the first place (so-called cardinal obligations) as well as to obligations for which Tech2Home has assumed a guarantee.
7. Lawful use
7.1 Tech2Home expressly refers to the legal provisions for combating illegal employment. The execution of orders that are to be carried out in violation of such provisions or other legal regulations is prohibited.
7.2 Tech2Home reserves the right to sanction clients depending on the severity of the violation if it becomes aware of culpable violations of legal provisions or these Terms and Conditions. Serious violations can lead to the temporary or permanent blocking of individual search queries as well as the respective clients.
8. Data protection
8.2 Tech2Home will not pass on any personal data outside of necessary transmission processes in connection with the use of the services without the separate consent of the client.
9. Price9.1 The price of the Products and Services shall be the price listed in the accepted request order current at the date of acceptance of the Customer’s request order. Moreover, the accepted price may be adjusted on-site for additional services requested by the Customer agreed upon verbally or in digitally written form by Tech2Home and the Customer.
Except as otherwise stated under the terms of any accepted order or in any price list of Tech2Home, and unless otherwise agreed verbarlly or in digital writing between the Customer and Tech2Home, all prices are inclusive of Taxes.
9.2 All charges for the paid services (“Charges”) are agreed upon between the “Technican” & the Customer.
9.3 You agree to pay for paid services according to these Terms. Charges paid by the Customer are non-refundable.
9.5 As long as you’re using paid services, you’ll provide Tech2Home’s third-party payment processor with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected.
9.5 We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.
9.6 Reselling of the Services to third parties is permitted only if you sign a specific agreement with Tech2Home.
All payments required to be made pursuant to this Agreement by you shall be made immediately upon completing the order, without any set-off, withholding, or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
11.1 You agree to contact us prior to raising a request for a charge-back or any dispute with your bank or card issuer in relation to any Transaction.
11.2 If you make a card payment through our website, and later dispute a legitimate charge by raising a charge-back without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid charge-back request and or pursue legal action as the case may be.
12.1 Except as otherwise set forth in an Order Form, you or Tech2Home may terminate this Agreement at any time and for any reason by giving Notice to the other party. Termination of the agreement means that you will lose access to your account and any credit associated with it. You have to explicitly cancel your account by writing to email@example.com.
12.2 We may at any time terminate the Agreement if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).
12.3 Once terminated, we may permanently delete your account and all the data and credit associated with it.
12.4 If Tech2Home terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
12.5 Tech2Home may charge an account reactivation fee should an account need to be reactivated by a customer after an account has become de-activated due to a breach of this Agreement and/or a long period of inactivity.
13. Service Management
13.1 We reserve the right, but not the obligation, to:
monitor the Service for violations of these Terms and Conditions;
b.take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
c. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
d. in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
e. otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
14. Modifications And Interruptions
14.1.We reserve the right to change, modify or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.
14.2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
14.3.We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
14.4.We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
14.5.Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
15.2. From time to time downtime, either scheduled or unscheduled, may occur. Tech2Home will work within reason to ensure this amount of downtime is limited. Tech2Home will not be held liable for the consequences of any downtime.
15.3.Tech2Home cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware, or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Tech2Home entirely of all responsibility for any consequences of its use.
16. Warranty Disclaimer, Limitation Of Liability
16.1.You expressly acknowledge that use of the Services is at your own risk. To the fullest extent permissible under applicable law, the Services is supplied on an “as is” And “as available“ basis. Tech2Home, Tech2Home’s licensors, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to a) its conformity, accuracy, currentness, completeness, reliability or security b) its suitability for a particular use; c) implied warranties of title, non-infringement; d) its market value; or e) your satisfaction. Tech2Home does not warrant that the website will be uninterrupted or error-free, that defects will be corrected, or that the website is free of viruses or other harmful components. You assume all responsibility for selecting the Services to achieve your intended results, and for the installation of, use of, and results obtained from the Services.
16.2.To the fullest extent permissible under applicable law, in no event will Tech2Home, Tech2Home’s licensors, channel partners, and associated service providers are liable for loss or damage suffered in connection with the use of the website or any related third party service. This includes without limitation a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, b) direct loss; c) accidental loss, d) incidental loss, e) consequential loss, and f) indirect loss.
16.3.Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with Tech2Home or its licensors, channel partners and associated service providers is to cease to use the website; and if applicable, seek damages for your losses. For any product purchased for use on a device that would not meet the applicable legal warranties, Tech2Home’s liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the website. In no event Tech2Home, its affiliates, licensors, channel partners, and associated service providers are liable for damages in excess of any amount you have paid to Tech2Home for the website during the twelve (12) months immediately prior to the time your cause of action arose.
16.4.Nothing in this section shall affect Tech2Home’s liability for death or personal injury arising from Tech2Home’s negligence, for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
16.5.For purposes of this section Tech2Home’s licensors, channel partners, and associated service providers are third-party beneficiaries of the limitations of liability specified herein and they may enforce this agreement against you.
17.1.You are solely responsible for any damage caused to Tech2Home, its licensors, channel partners and associated service providers and subcontractors, other users of the website, or any other individual or legal entity as a result of Your violation of this agreement.
17.2.You hereby agree to defend, indemnify and keep indemnified Tech2Home and its affiliates, their licensors, channel partners and associated service providers, and their subcontractors against any claim or alleged claims, liabilities, losses damages, and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from a) a violation of any provision of this agreement or b) your use or misuse of the website. Tech2Home reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify Tech2Home. The provisions of this Section shall remain in force after the termination of this agreement.
18.1 The agreement is effective from the earlier the date You purchase, download or use the website until terminated according to its terms. You and Tech2Home may terminate this agreement, at any time, for any reason. Termination by Tech2Home will be effective upon a) notice to You or b) termination of Your Tech2Home Account (if any) or c) at the time of Tech2Home’s decision to discontinue offering and/or supporting the website.
18.2 This agreement will terminate automatically if You fail to comply with any of the terms and conditions of this agreement. Upon termination for any reason, You must immediately uninstall the website and destroy all copies of the website in Your possession.
19. Changes To This Agreement Or To the website.
19.1.Tech2Home reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this agreement for security, legal, best practice, or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You are responsible for checking this Agreement periodically for changes. If any future changes to this agreement are unacceptable to You or cause You to no longer be in agreement or compliance with this Agreement, You may terminate this agreement in accordance with this Agreement and must immediately uninstall the website and destroy all copies of the website. Your continued use of the website following any revision to this Agreement constitutes Your complete and irrevocable acceptance of any and all such changes.
19.2.Tech2Home may modify the website for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations, and/or resets to improve and/or optimize the website. You agree that the website may install or download the modifications automatically. You agree that Tech2Home may stop supporting previous versions of the website upon the availability of an updated version. Tech2Home’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the website. Tech2Home also reserves the right to amend the Rules of Conduct set out to place limits on the use of the website.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices/communications shall be given to us by email at firstname.lastname@example.org. Such notice will be deemed received, on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23. Binding Arbitration
23.1.If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL.
23.2.The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA Web Site www.adr.org.
23.3.Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
23.4.The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
23.5.The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.
24. Class Action Waiver
The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis and each waives the right to participate in a class action.
25. Waiver of Jury Trial
Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
26. Choice of Law
The contractual relations of the parties shall be governed by the laws of Texas.