These Terms apply to homeowners, property owners, tenants, businesses, and any other person seeking or booking home services (“Users,” “you”) through the HMSRVC mobile application or the website located at https://www.hmsrvc.com(collectively, the “Platform”). Home service professionals are governed by the separate HMSRVC Service Provider Terms and Conditions.
By accessing, browsing, downloading, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not access or use the Platform.
HMSRVC is an online referral marketplace designed solely to connect Users with independent third-party home service professionals (“Service Providers”).
HMSRVC is not a contractor, subcontractor, general contractor, construction manager, employer, staffing agency, broker, insurer, lender, guarantor, joint venturer, partner, or agent of any Service Provider.
HMSRVC does not perform, supervise, direct, inspect, schedule, manage, control, or guarantee any services offered or performed through the Platform. HMSRVC’s role is limited to providing a technology platform that allows Users and independent Service Providers to find one another and communicate.
Any contract, agreement, estimate, quote, invoice, warranty, or arrangement for services exists solely between you and the Service Provider. HMSRVC is not a party to any such agreement, and no term of these Terms is intended to make HMSRVC a party to, or guarantor of, any such agreement.
Every Service Provider using HMSRVC operates as an independent business. Service Providers are not employees, agents, partners, or representatives of HMSRVC, and HMSRVC does not control or direct their work. No statement on the Platform — including profiles, categories, badges, rankings, response times, or search placement — creates an employment or agency relationship between HMSRVC and any Service Provider, or any duty by HMSRVC to supervise them.
Each Service Provider is solely responsible for the services they provide, the people they employ or subcontract, and their own compliance with the law.
HMSRVC is not responsible for any services performed, partially performed, or not performed by a Service Provider. Without limitation, HMSRVC assumes no responsibility for:
You understand and agree that HMSRVC does not inspect work before, during, or after completion, does not verify job sites, and does not guarantee any outcome. Hiring a Service Provider through HMSRVC is done entirely at your own discretion and risk.
Where HMSRVC uses the terms “vetted,” “verified,” or similar language, those terms mean only that HMSRVC has gathered information from the Service Provider during signup and has displayed on the Provider’s profile what credentials the Provider reports having or not having (for example, whether the Provider reports holding a contractor license or insurance). Vetting is an information-gathering and disclosure process, not a screening, background check, qualification, or approval process.
You acknowledge and agree that:
You are solely responsible for:
You should conduct your own independent due diligence before hiring any Service Provider, exactly as you would if you had found that provider through any other channel.
You acknowledge that inviting any service provider onto your property involves inherent risks, including property damage, theft, personal injury, defective work, and disputes. To the fullest extent permitted by law, you assume all risks arising from your selection of, communications with, contracts with, and receipt of services from any Service Provider, and you release and forever discharge HMSRVC and its owners, officers, employees, affiliates, members, managers, and agents from any and all claims, demands, damages, and causes of action, known or unknown, arising out of or in any way connected with the acts or omissions of any Service Provider or any other User.
If you are a California resident or the law of another jurisdiction provides a similar protection, you expressly waive any statute or rule that would limit a release to claims known at the time of the release, to the extent permitted by law.
HMSRVC may provide Users with the option to make payments through the Platform using a third-party payment processor. Use of the Platform’s payment feature is optional unless otherwise specified, and Users and Service Providers may mutually agree to make payment directly outside of the Platform.
Whether payment is made through HMSRVC, through a third-party payment processor, or directly between you and the Service Provider, HMSRVC is not a party to the payment transaction and is not responsible for: payment disputes, chargebacks, refund requests, deposits, payment plans, financing arrangements, missed payments, non-payment, partial payments, collection efforts, escrow services, or tax obligations between the parties.
HMSRVC does not guarantee that any Service Provider will perform work after payment has been made, and does not hold, insure, or guarantee any funds.
The Platform is not a substitute for emergency services. If you are experiencing an emergency involving danger to life, health, or property — including fire, gas leaks, flooding, or electrical hazards — contact 911 or the appropriate emergency or utility service immediately rather than posting a request on the Platform.
You are responsible for the accuracy of information you post, including project descriptions, photos, addresses, and reviews. You agree that reviews you submit will reflect your genuine experience and will not be false, defamatory, or posted in exchange for compensation. You grant HMSRVC a non-exclusive, royalty-free, worldwide license to use, display, and reproduce content you submit for purposes of operating and promoting the Platform. HMSRVC does not verify reviews or other User content and is not responsible for content posted by Users or Service Providers.
You consent to receive communications from HMSRVC and from Service Providers through the Platform, including by email, SMS, and push notification, in connection with your account and service requests. Message and data rates may apply, and you may opt out of non-essential communications as described in the Platform.
You agree not to: post false or misleading requests; misrepresent your identity or authority to contract for work on a property; harass, threaten, defraud, or discriminate against Service Providers; use the Platform to solicit workers for employment outside the Platform under false pretenses; upload unlawful or infringing content; scrape or reverse engineer the Platform; or use the Platform in violation of any law.
The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. HMSRVC makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, security, or non-infringement.
HMSRVC does not guarantee that: Service Providers will respond; quotes will be accurate; services will be scheduled, started, or completed; work will meet expectations or comply with codes; any Service Provider is licensed or insured; or that the Platform will always be available without interruption or error.
To the fullest extent permitted by law, HMSRVC and its owners, officers, employees, affiliates, contractors, members, managers, successors, and agents shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages, including but not limited to: property damage; personal injury; death; lost profits; lost revenue; business interruption; loss of data; emotional distress; project delays; cost overruns; or defective workmanship — even if HMSRVC has been advised of the possibility of such damages.
HMSRVC’s total aggregate liability, if any, for all claims arising out of or relating to these Terms or the Platform shall never exceed the amount actually paid directly to HMSRVC by you during the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100), whichever is greater, if you have paid nothing directly to HMSRVC.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in such jurisdictions, HMSRVC’s liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless HMSRVC, its owners, officers, employees, affiliates, members, managers, and agents from and against any claims, lawsuits, damages, liabilities, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising from: your use of the Platform; your violation of these Terms; any agreement or dispute between you and a Service Provider; services performed or received; property damage; personal injury; payment disputes; content you submit; or any legal claim relating to a project facilitated through the Platform.
HMSRVC is not responsible for resolving disputes between Users and Service Providers. All disputes regarding services, payments, warranties, workmanship, scheduling, contracts, cancellations, refunds, or project performance must be resolved directly between the parties involved. HMSRVC has no obligation to investigate, mediate, or participate in such disputes, and any voluntary assistance HMSRVC chooses to provide shall not create any responsibility or waive any protection under these Terms.
Any dispute, claim, or controversy between you and HMSRVC arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered in Honolulu, Hawaii, rather than in court, except that either party may bring qualifying claims in small claims court. You and HMSRVC each waive the right to a jury trial and the right to participate in any class, collective, consolidated, or representative action. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
HMSRVC reserves the right to suspend, restrict, or terminate any account or remove any listing at its sole discretion, with or without notice, for any reason, including suspected fraud, misuse of the Platform, violation of these Terms, or conduct that may harm Users, Service Providers, or HMSRVC.
HMSRVC may modify these Terms at any time. Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.
These Terms shall be governed by and interpreted in accordance with the laws of the State of Hawaii, without regard to its conflict of law principles. Subject to the arbitration provision above, any legal action arising out of these Terms or use of the Platform shall be brought exclusively in the state or federal courts located in the State of Hawaii, and you consent to the jurisdiction of those courts.
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms constitute the entire agreement between HMSRVC and the User regarding use of the Platform and supersede all prior communications or agreements relating to the Platform.
HMSRVC
Website: https://www.hmsrvc.com
Email: [email protected]
Download the FixFlow app or create your account today and experience premium home services at your fingertips.