OAKRAA General Terms

SECTION A TERMS

Version 03142024

Introduction and Overview                                              

Thank you for choosing OAKRAA, LLC. We provide a service (the “Service”) that encompasses preventative home maintenance plans and other home services. OAKRAA, LLC (along with any parent, subsidiary, affiliate, or related companies ) are referred to in these provisions as “OAKRAA” or simply “we” or “us.”

When you use the Service, you enter into a binding contract with us. Each section of the agreement begins with an italicized annotation that is intended to help you navigate the agreement. The annotations do not completely summarize the agreement, though, and you should read each section carefully and in full. We’ve also bolded a few areas that talk about important legal rights, and you should be sure to read those sections carefully. These provisions in Section A apply to the service generally and are separate from the provisions in Section B which include additional provisions for your use of specific OAKRAA Services. 

Agreement to These Terms

You need to agree to these terms to use our service. 

To use the service, you acknowledge and agree:

To the terms and conditions of this agreement (“Agreement”), which includes:

• OAKRAA’s Privacy Policy
• The current version of the terms set out in Section A and Section B;
• Any additional provisions and conditions provided separately to you for your use of the service (which we refer to as “Additional Terms”);
• You are at least 18 years of age;
• You are capable of forming a binding contract with OAKRAA.

Your Personal Information

We want to be transparent about how we use personal information and about your rights in our Privacy Policy. 

You agree that OAKRAA may use and maintain your personal information according to OAKRAA’s Privacy Policy and any changes published by OAKRAA. 

Changes

Change happens. When it does happen, we will update this Agreement. If the changes are material, you may need to accept the changes to use the Service. Similarly, there may be circumstances where we need to update or discontinue the Service.

We may modify the provisions of this Agreement at any time. We may notify you of such modifications by posting through the service or on our website or by other means. It is important that you review this Agreement whenever we modify it because your continued use of the service indicates your agreement to the modifications.

In some cases, you may need to accept changes to this Agreement to continue using the service. If you do not agree to the changes, you may stop using the service or terminate your account.

Similarly, we may update the service, including with tools, utilities, improvements or third party applications. You agree to receive these updates. We may further modify, suspend or discontinue the service at any time. 

Payment & Cancellations

We will charge your payment method for one time fees and recurring subscriptions. For maintenance plans, you may cancel your subscription at any time (but you may not receive a refund). Please keep us informed on payment information changes as soon as possible. If your payment fails, we may try to process your payment or suspend your service. Payments over 30 days past due may be charged a late fee.

For our maintenance plans, we require payment of a subscription charge for use of the service and you agree to pay such fees. The subscription will be monthly, bimonthly or quarterly, depending on the subscription you choose.

Individual services require payment of the fee of the individual service based on the terms laid out in the invoice.

You authorize us to automatically charge the credit card on file or initiate an ACH debit to your checking account, whichever payment method you have chosen, for all fees and charges associated with the requested subscription or individual services.

OAKRAA shall issue an invoice to you upon each payment due date. OAKRAA shall initiate the payment transaction on the specified due date, or as close to it as reasonably possible.

If your payment information is not accurate, current, and complete, we may suspend or terminate your account. If you do not notify us of updates to your payment information, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

Payments more than 30 days past due may be charged a late payment fee equal to the 5% of the invoice or the maximum allowed by law.

Your payment to OAKRAA will continue automatically but you can cancel a subscription at any time. We do not provide refunds or credits for any cancellations or partial subscription period.

Termination

You may cancel your maintenance plan subscription and OAKRAA may suspend or terminate your use of the service.

This Agreement is effective until you cancel your subscription account or OAKRAA terminates this Agreement. If you purchase an additional Handy Home Service without subscribing to a maintenance plan, this Agreement will automatically terminate upon completion of the Services listed on the invoice and payment has been received by us, in full.

You may cancel this Agreement at any time by providing written notice to OAKRAA. Upon cancellation, we will not refund any fees or deposits already paid, but shall cease providing services and any ongoing subscription billing. Upon termination, you will be required to pay any outstanding amounts due to the OAKRAA for services rendered up to the termination date.

OAKRAA reserves the right to terminate or suspend this Agreement in effect at any time, with or without cause, upon providing written notice to you. In such cases, we shall refund any unused subscription fees and all deposits for individual Handy Home Services paid by you.

Survival

There are a few parts of this Agreement that will continue to apply after termination.

The following Sections will survive any termination, discontinuation or cancellation of the service or your account: “Your Personal Information,” “Payment and Cancellations” (with respect to fees due and unpaid), “Disclaimers,” “Disputes,” and “General Terms (Miscellaneous)”.

OAKRAA Communications

We may contact you from time to time to support your use of the service.

In order to properly support and serve you, we occasionally need to reach out and contact you, and may do so in a variety of ways such as via text message, email or messaging functionality in the service. We want to provide you options for receiving communications from us, and as such you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on the service. You will need to notify us of any changes to your contact details to ensure your preferences are updated.

Disclaimers

We don’t make any warranties about the service except as expressly stated in this Agreement.

The service and any related services are provided on an “As Is” and “As Available” basis, without warranty of any kind, whether written or oral, expressed or implied and OAKRAA disclaims all implied warranties, including but not limited to warranty of merchantability and warranty of fitness for a particular purpose, except as noted in the paragraph below.

We shall perform Services in accordance with good standards that are generally accepted in the United States of America on the date of Service for the preventative maintenance industry. We shall correctly reperform any substandard Services without further cost to you, if you notify us in writing of the substandard Services no later than 30 days after they are rendered. However, we have no duty to incur costs for corrective reperformance that exceed Service Fees paid for the Services being reperformed.

Compliance with Law

All services provided hereunder shall be performed in a professional manner in accordance with industry standards and applicable laws. 

Subcontractors

We may subcontract out repair and maintenance work with prior written notice to Customer. Subcontractors will maintain equal or greater insurance requirements to our own. 

Force Majeure Events

Certain natural disasters or other large community disruptions may prevent us from performing our services.

In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the party invoking this provision (including without limitation, for causes due to war, fire, earthquake, flood, hurricane, riots, acts of God, telecommunications outages not caused by the obligated Party, or other similar causes) (each, a “Force Majeure Event Event”), the affected Party’s performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence, provided, the affected Party: (a) provides the other Party with prompt written notice of the nature and expected duration of the Force Majeure Event, (b) uses commercially reasonable efforts to address and mitigate the cause and effect of such Force Majeure Event, (c) provides prompt notice of the end of such Force Majeure Event.

Indemnification

By using our service, you promise to protect us from any legal claims, costs, or damages that arise from your use of the service or any violation of the terms of use.

You agree to defend, indemnify and hold harmless Hello Handy LLC and its licensee and licensors, and their 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) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

If something goes wrong because of this service or agreement, even if it’s our mistake, the most we will have to pay is either the total cost you paid for the service or $100, whichever is more, no matter what happened.

To the fullest extent permitted by law, the total liability, in the aggregate, of us, our officers, directors, partners, employees, agents, and subcontractors, to you, and anyone claiming by, through, or under you for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Service or Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total cost of the services or $100, whichever is greater.

Disputes

In the event we are unable to resolve any dispute through an informal dialogue, a third-party arbitrator or small claims court will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis rather than as a class action.

You and OAKRAA agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the service or this Agreement (a “Claim”) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.

Either you or OAKRAA can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or OAKRAA may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence, and you may also bring a claim in small claims court in the Eighteenth Judicial Court of Colorado, County of Arapahoe.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and OAKRAA are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of your account.

If you elect to seek arbitration, you must first send to OAKRAA a written notice of your Claim (“Notice of Claim“). The Notice of Claim to OAKRAA should be sent in care of our registered agent Colorado Registered Agent, LLC, 1942 Broadway Ste 314C, Boulder, CO , 80302. The Notice of Claim should include both the mailing address and email address you would like OAKRAA to use to contact you. If OAKRAA elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by OAKRAA, must (a) describe the nature and basis of the Claim or dispute; and (b) set forth the specific amount of damages or other relief sought.

You and OAKRAA agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and OAKRAA therefore agree that, after a Notice of Claim is sent but before either you or OAKRAA commence arbitration or file a Claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if OAKRAA is represented by counsel, its counsel may participate in the conference as well, but OAKRAA agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or OAKRAA may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a Claim in small claims court unless you and OAKRAA are unable to resolve the Claim within sixty (60) days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with OAKRAA during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and OAKRAA agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party’s election, the American Arbitration Association (“AAA”) will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless OAKRAA and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.

The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Colorado and will be selected by the parties from the AAA’s National Roster of Arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by this Agreement. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.

The parties agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and an OAKRAA company representative shall appear at the administrative conference via telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. OAKRAA will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This agreement to arbitrate shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a Demand for Arbitration is filed in violation of this Agreement.

Unless you or OAKRAA seek to have a Claim resolved in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or OAKRAA and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or OAKRAA prevail on a Claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but OAKRAA will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in Arapahoe County, Colorado. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and OAKRAA will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or OAKRAA, and you and OAKRAA waive any objection to such fee modification.

You and OAKRAA agree that each may bring Claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and OAKRAA agree otherwise, the arbitrator may not consolidate any other person’s Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If OAKRAA believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that OAKRAA may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Disputes Section shall be null and void.

General Terms (Miscellaneous)

This Agreement, including any Section B terms, is the entire agreement between you and OAKRAA and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. 

Governing Law       

The laws of Colorado govern this Agreement and any disputes that may arise.

Colorado law and the Federal Arbitration Act will govern all disputes arising out of or relating to the service, this Agreement and any Additional Terms, regardless of conflict of laws rules.

Parties Bound

This is a binding agreement.

This Agreement shall be binding on and insure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, legal representatives, successors and assigns as permitted by this Agreement.

Headings

The headings in this agreement are for convenience of reference only.

The headings contained in this Agreement, and in any supplement or exhibit attached hereto, are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement, and include the plural as well as the singular.

Legal Construction

If one part of this agreement is found by a court to be invalid, the rest of the agreement is still considered valid.

In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision. This Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it. 

Attorney Fees

The winning party is entitled to be paid for the cost of legal fees.

If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. 

Waiver

If we waive some of our rights under this Agreement, it doesn’t mean we waive our rights in other circumstances.

OAKRAA’s failure to act or enforce any of its rights does not constitute a waiver of any of our rights. Any waiver by OAKRAA of any of the provisions in the Agreement must be made in writing and signed by a duly authorized officer of OAKRAA.

Assignment  

You can’t transfer this Agreement or your right to use the service to someone else without our permission. 

OAKRAA may assign or transfer this Agreement to any party at any time without notice to you. You may not assign your rights under this Agreement, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.

Severability

If a court voids a term of this Agreement, the other terms will not be affected.

If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision will be severed and the remaining provisions will remain in full force and effect.

Contact Information

If you have any questions about the service or this Agreement, please contact OAKRAA, LLC.

Service Specific Terms

SECTION B TERMS

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Your use of the Services provided by OAKRAA (as defined in the Section A Terms) and described below are subject to the Section A Terms above and these Additional Terms and Conditions (“Section B Terms”). These Section B Terms will prevail over any conflict or inconsistency with the Section A Terms.

1. SERVICES

The Section B Terms include provisions applicable to your use of OAKRAA generally, as well as additional provisions for your use of specific OAKRAA products and services.

The Agreement governs your use of each of the following “Services,” as applicable:

1. HomeCare Essential Maintenance Plan

Fee Changes

We may change our pricing but we will provide you with reasonable notice before doing so. 

OAKRAA, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective on the next issued invoice.

We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Payment & Cancellations

Our maintenance plans are a recurring subscription.

For our maintenance plans, we require payment of a subscription charge for use of the service and you agree to pay such fees. The subscription will be monthly, bimonthly or quarterly, depending on the subscription you choose.

Our Obligations

• Perform the agreed-upon preventative maintenance services with reasonable care and skill.
• Arrive on time to all scheduled appointments.
• Promptly notify you of any identified issues or recommended repairs.
• Maintain appropriate licenses and insurance coverage as required by law.
• Trained personnel directly employed and supervised by us will perform all services required by the terms of this Agreement. We agree that each of our employees will be properly qualified and will use reasonable care in the performance of his or her duties. 
• All services provided hereunder shall be performed in a professional manner in accordance with industry standards and applicable laws.
• We may subcontract out repair and maintenance work with prior written notice to you. Subcontractors will maintain equal or greater insurance requirements to our own. 

Your Obligations

• Provide access to the property and necessary utilities for us to perform the scheduled maintenance services described in your plan. We will not be responsible for performing maintenance services to areas that do not have clear access. Maintenance services that require a return trip to complete due to no clear access will be charged at the current hourly rate with a minimum of one (1) full hour at the current rate.
• Reschedule or cancel scheduled service visits with at least one (1) hour notice. Maintenance services that are rescheduled or canceled with less than one (1) hour notice, may be rescheduled at the current hourly rate with a minimum of one (1) full hour at the current rate.
• Notify us of any changes or issues related to the property that may affect the services provided.

1. Handy Home Services

Our Obligations

• Perform the agreed-upon Handy Home Services with reasonable care and skill.
• Arrive on time to all scheduled appointments.
• Promptly notify you of any identified issues or recommended repairs.
• Maintain appropriate licenses and insurance coverage as required by law.
• Trained personnel directly employed and supervised by us will perform all services required by the terms of this Agreement. We agree that each of our employees will be properly qualified and will use reasonable care in the performance of his or her duties. 
• All services provided hereunder shall be performed in a professional manner in accordance with industry standards and applicable laws.
• We may subcontract out repair and maintenance work with prior written notice to you. Subcontractors will maintain equal or greater insurance requirements to our own. 

Your Obligations

• Provide access to the property and necessary areas for us to perform the services listed on the invoice. We will not be responsible for performing services to areas that do not have clear access. Services that require a return trip to complete due to no clear access will be charged at the current hourly rate with a minimum of one and a half (1.5) full hours at the current rate.
• Reschedule or cancel scheduled service visits with at least one (1) hour notice. Services that are rescheduled or canceled with less than one (1) hour notice, may be rescheduled with a rescheduling fee of one and a half (1.5) full hours at the current rate.
• Notify us of any changes or issues related to the property that may affect the services provided.