Terms & Conditions
By agreeing to a Subscription or Service, defined below, and allowing work to take place for the Subscription or Service, you acknowledge that you have carefully read, understand, and agree to the Terms and Conditions set forth herein. Please retain this document for your records. This is not a contract of insurance.
These Terms and Conditions (“Terms”) are entered into, by and between Arrive Home, LLC, a Washington limited liability company (“Arrive Home”) and the customer agreeing to and allowing a service (“Customer”). These Terms outline the rules and regulations for the use of the Arrive website located at www.myarrivehome.com (“Website”) as well as outlines the contractual obligations, liability limitations, service provisions, payment policies, and subscription regulations and all policies related to any services provided by Arrive Home.
Arrive Home provides services for the maintenance, repair, and management of a Customer’s residential and/or commercial property listed on the Website (“Property”) which include, but are not limited to, a range of services such as preventative maintenance, minor service repairs, light construction punch repair services, cleaning services, and third party vendor/trade management. These Terms shall be binding upon Customer and Arrive Home and Customer’s agreement with Arrive Home and shall include these Terms and any additional terms that are agreed to in writing, including any riders, excepting therefrom any third parties contracts or agreements (collectively, “Agreements”).
II. SUBSCRIPTIONS AND SERVICES
Certain services provided by Arrive Home are offered on the Website and are billed on a subscription basis and on a per-service basis ("Subscriptions and Service"). Subscriptions and Services are on a per-property basis and cannot be transferred to any other property owned. Customer will be billed on a recurring and periodic basis for annual subscription packages and services as outlined on the Website (“Billing Cycle”). Billing shall commence upon purchasing a subscription or service on the Arrive Home Website or through email with an Arrive Home team member. When Customer purchases an annual Subscription, the Subscription shall be set to auto-renew. If Customer does not wish Arrive Home’s subscription to auto-renew, Customer may email or call Arrive Home sixty (60) days prior to the end of Arrive Home’s current subscription term to request cancellation.
At the end of each Billing Cycle, the Subscription will automatically renew under the exact same conditions unless cancelled by Customer or Arrive Home. Customer may cancel Subscription renewal by contacting Arrive Home’s customer support team. Cancellation fees may apply as set forth below. If Customer does not pay for the Subscription on time, Arrive Home reserves the right to suspend Customer’s account and bill Customer directly for the outstanding balance.
III. INITIAL HOME ASSESSMENT
Customer shall use its best efforts, subject to Section IV below, to provide Arrive Home with access to the Customer’s Property for an initial evaluation the Customer’s Property (“Initial Home Assessment”). Customer agrees and acknowledges that Arrive Home’s evaluation of the Customer’s Property may result in a modification to a different Subscription, certain services being omitted from or added to the Subscription (at an additional fee), or termination of these Terms and any Agreements. Arrive Home shall provide all additional fees to Customer for Customer’s written approval and, if approved, Customer shall remit the difference in payment to Arrive Home within three (3) business days. If Arrive Home decides, in its sole discretion, that the Customer’s Property is unsuitable or Arrive Home is unwilling or unable to provide any services to Customer’s Property, then Arrive Home shall provide a termination of the Agreements and refund the Customer for any payments made prior to the evaluation date within fifteen (15) days of the Initial Home Assessment.
Throughout the term of the Agreements and upon not more than forty-eight (48) hours prior request by Arrive Home, Customer shall provide access and written authorization to enter the Customer’s Property to Arrive Home, its associates, and, if applicable, third party contractors. Customer agrees that any and all notice required under the Agreements shall be given to Customer’s Tenant in accordance with RCW 59.15. In no event shall Arrive Home be liable for any failure by Customer to give sufficient notice to Customer’s tenant as obligated under their lease agreement or Washington Landlord-Tenant Act (RCW 59.18). Customer shall provide a key to the Customer’s Property in a mutually agreeable location which may include: (a) a lock-box/key-box with code provided to Arrive Home; (b) with the property or building manager, together with all approvals as may be needed to access Customer’s Property; or (c) with a neighbor. In no event shall Arrive Home incur any liability for any key that is lost, stolen, or misplaced. Customer shall ensure that either the Customer or Customer’s tenant will be present for such appointment, or provide written authorization from Customer (or Customer’s Tenant) that Arrive Home may lawfully access the Customer’s Property without their presence. In such event, Customer shall agree to an express waiver of any and all claims and damages on any form provided by Arrive Home. Arrive Home will make up to three (3) attempts to schedule an appointment with the Customer / Customer’s tenant but, if Arrive Home is unable to gain access to any unit, Customer’s failure to give Arrive Home access will constitute Customer’s confirmation that the service is performed and Customer will be billed accordingly. Should any service be rescheduled, Arrive Home may, in its sole discretion, charge a rescheduling fee in the amount of fifty and NO/100 Dollars ($50.00) per occurrence.
V. WIFI ACCESS
A valid credit card is required to process the payment for a Subscription and Service. Customer shall provide Arrive Home with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, Customer automatically authorize Arrive Home to charge all Subscription or Service fees to any such payment instruments.
Should automatic billing fail to occur for any reason, Arrive Home will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Customer shall make all payments to Arrive Home within fourteen (14) days of date of Arrive Home’s invoice to Customer. Late payments shall entitle Arrive Home to a late payment fee of five percent (5%) of the portion of the unpaid balance, and interest shall accrue on the unpaid balance at a rate of 12% per annum. To the extent there are any amounts owed to Arrive Home at the time of termination of any Agreements, Customer shall pay such amounts to Arrive Home promptly at the time of the termination.
All materials and supplies needed to perform services (outside of Arrive Home’s materials and supplies to perform preventative maintenance and minor repairs) will be provided by Customer or reimbursed by Customer to Arrive Home should Arrive Home have to incur cost. Materials and supplies shall be charged to Customer with an additional 15% procurement fee, including sales tax. Arrive Home shall send to Customer any invoices relating to the operation of the Property to be paid by the Customer no later than three (3) days after Customer’s receipt of such invoice.
VII. THIRD-PARTY CONTRACTS
Arrive Home shall provide to Customer certain third-party contracts as Arrive Home deems advisable in carrying out its obligations under any Agreements and the Subscriptions and Services, including without limitation, copies of any existing leases and rules and regulations. Customer shall enter into such contracts as decided by Customer in their sole discretion. Customer shall provide Arrive Home, in advance and at Customer’s sole cost and expense, any and all additional materials and/or supplies as may be required for Arrive Home to perform its obligations and duties in connection with any contracts under these terms and conditions. All contracts, orders, and materials shall be for the account of and in the name of Customer and for the Property. Upon full execution of any such contracts, Customer shall submit a copy of the fully executed contract to Arrive Home for their records.
VIII. FEE CHANGES
Arrive Home, in its sole discretion and at any time, may modify the fees for the Subscriptions and Services. Any Subscription and Service fee change will become effective at the end of the then-current Billing Cycle. Arrive Home will provide Customer with reasonable prior written notice of any change in Subscription and Service fees to give Customer an opportunity to terminate their Subscription or Service before such change becomes effective.
Customer’s failure to provide Arrive Home with their written rejection of the fee changes within ten (10) days of Arrive Home’s notice of the Subscription fee change shall constitute Customer’s agreement to pay the modified Subscription fee amount.
Cancellations of any Subscription can be made by phone or email and will be processed within forty-eight (48) hours. For any cancellation of any Subscription within the first three (3) months of such Subscription, Customer will be responsible for a cancellation fee equal to three (3) months of Customer’s then-current Subscription fee. Services rendered by Arrive Home cannot be refunded or reimbursed in any form. Subscriptions and upgrade plan cancellations can only be processed with sufficient notice provided to Arrive Home and reimbursements are subject to Arrive Home’s sole and absolute discretion. No refunds are offered on any plans, services or upgrades thereof. Customer may change Arrive Home’s auto-renewal preferences in Arrive Home’s account, but no refunds will be paid on any remaining subscription or upgrade plan period.
Before making an account, Customer must guarantee that Customer is above the age of 18, and that the information Customer provides is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Customer’s account on the Website.
Customer is responsible for maintaining the confidentiality of their account and password, including but not limited to the restriction of access to their computer and/or account. Customer agrees to accept responsibility for any and all activities or actions that occur under their account and/or password, whether their password is with our Website or a third-party website. Customer must notify Arrive Home immediately upon becoming aware of any breach of security or unauthorized use of their account.
XI. INTELLECTUAL PROPERTY
The Website and its original content, features and functionality are and will remain the exclusive property of Arrive Home and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Arrive Home’s trademarks and trade dress may not be used in connection with any product or Website without the prior written consent of Arrive Home. Arrive Home does not warrant or represent: (a) the completeness or accuracy of the information published on the Website; (b) that the material on the Website is up to date; or (c) that the Website or any service on the Website will remain available.
Arrive Home reserves the right to discontinue or alter any or all of the Website services, and to stop publishing the Website, at any time in Arrive Home’s sole discretion without notice or explanation and Customer will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services. To the maximum extent permitted by applicable law, Arrive Home excludes all representations and warranties relating to the subject matter of these terms and conditions, the Website and the use of the Website.
XII. LINKS TO OTHER WEBSITES
Website may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Arrive Homes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms and Agreements do not apply to Arrive Home’s use of third-party websites; Arrive Home’s use of such websites is subject to the terms and policies of the owner of such websites.
Arrive Home may terminate or suspend Customer’s account and bar access to the Website at any time without prior notice or liability in Arrive Home’s sole discretion and for any reason whatsoever including, without limitation, Customer’s breach of the Agreements. Provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Customer shall obtain and keep in force adequate insurance against physical damage and liability for loss or injury to property or persons which might arise out of the occupancy, management, operation, or maintenance of the Property. While Arrive Home may make recommendations regarding the appropriate insurance to purchase for the Property, Customer is solely responsible for deciding what insurance (including type and level of coverage) to purchase for the Property. Accordingly, the Agreements place the risk of loss on Customer with regard to uninsured damage to the Property. Arrive Home will be covered as an additional named insured on Customer’s policies with respect to the Property. Arrive Home shall be provided with copies of all policies, riders, renewal certificates, etc. Said policies shall provide for a minimum thirty (30) days’ notice to Arrive Home before any cancellation.
XV. INDEMNIFICATION AND LIMITATION OF LIABILITY
Customer agrees to defend, indemnify and hold harmless Arrive Home and its licensees and licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) Customer’s use and access of the Website by Customer or any person using Customer’s account and password, or b) a breach of these Terms or any Agreements.
In no event shall Arrive Home, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Customer hereby agrees to indemnify, defend and hold harmless Arrive Home and its officers, directors, agents, contractors and employees from all damages, costs and expenses (including reasonable attorneys’ fees), judgments, injuries, liabilities, claims and losses (collectively “Claims”) arising: (1) from or in connection with any Subscription or Service; (2) within the Property; (3) from Arrive Home’s use or control of the Property or the conduct of Arrive Home’s business or from any activity, work or thing done, permitted or suffered by Arrive Home in or about the Property in carrying out its obligations under any Agreements, as may be amended from time to time; (3) from any act, neglect, fault or omission of Arrive Home or of its agents, employees, or contractors; and (4) out of any criminal act of any third party causing injury or damage to the Property except to the extent that Claims arise from Arrive Home’s gross negligence or intentional wrongdoing.
XVII. EXCLUDED SERVICES
Customer and Arrive Home agree that Arrive Home shall not provide, be responsible for, or obligated to perform or provide, in any way, any of the following:
Any warranties for or perform any work that is covered by or otherwise contracted by the Property’s developer (i.e. WA Condominium Act express or implied warranty that is managed by or on behalf of a developer).
Any oversight of services which are prohibited by the Property’s governing entity, rules and regulations, or any recorded documents which burden the Property.
Any performance of services which are prohibited by the Property’s governing entity, rules and regulations, or any recorded documents which burden the Property. By way of example: Agent will not drill into post-tensioned concrete.
Entering into any contract with any vendor. For the avoidance of doubt: any and all such contracts are to be between the homeowner and vendor directly.
Making any payment whatsoever for the services rendered between Customer and any vendor.
Any continued oversight of any services including, without limitation, the oversight of Customer’s contracted vendors if Customer is delinquent in any payments under any Agreements or the vendor’s agreements.
Provide any warranties of or incur any liability in connection with the workmanship of any vendor contracted with by Customer.
Collection of any rental payments from tenants on behalf of Customer.
Any marketing, listing, showing, or otherwise procuring tenants for the Property, including without limitation providing any lease documents for tenants.
Any purchase of appliances to be installed in the Property. Subject to the express agreement of Arrive Home and Customer, Arrive Home shall only provide oversight and management of appliance vendors in the home.
Customer’s use of the Website is at Customer’s sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Arrive Home, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet Customer’s requirements.
XIV. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the state of Washington, United States, without regard to its conflict of law provisions. Arrive Home’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements Arrive Home might have had between Customer and Arrive Home regarding the Website.
XX. COMPLIANCE WITH LAWS
Arrive Home may take any action, after reviewing the matter with Customer to ensure the Property’s compliance with applicable federal, state, county, and local laws, ordinances, orders, and requirements, including without limitation, the Washington Landlord-Tenant Act (RCW 59.18) (the “Act”). Nothing in this section shall obviate Customer’s responsibilities under the Act, and Arrive Home shall not be liable to tenants or Customer for any failure of Customer to comply with the Act. Customer acknowledges that Arrive Home provides managerial services ancillary to the Property and that at no time will Arrive Home provide services that could result in a finding that Arrive Home is a “contractor” as defined in R.C.W. 18.27.010(1).
XXI. NO MODIFICATION
No provisions of these Terms may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by the party or parties hereto to be bound.