Table of Contents

1. Introduction

By entering into the ‘Service Agreement,’ you are agreeing to be bound by its terms. This document is not legal advice. You may retain a copy for your records. If you have any questions contact an attorney. If you do not agree to all of the terms of this Agreement, you should not schedule service.

The Service Agreement is not valid for services booked through third-party referral platforms (sometimes known as ‘matchmaker’ services) for which the Parties are bound by such third-party referral platform’s terms of service or contract.

Parties: This Service Agreement (“Agreement”) is between Tom Kongerslev, an alias for Thomas Kongerslev, henceforth known as the “Service Provider,” and the client, referred to as “Client,” whose details will be specified upon booking.

Consent and Electronic Signature Acknowledgment: To complete the booking process, the Client must provide consent by selecting the checkbox accompanying the statement “I agree to the Service Agreement.” This selection, along with clicking the “Book” button, is required to finalize the booking. Failure to give consent will prevent the booking from being finalized. Checking this box constitutes an electronic acknowledgment and signature of the Client, affirming agreement to the terms and conditions within the Service Agreement. This electronic signature is legally binding and carries the same legal effect as a handwritten signature in accordance with electronic signature laws.

Effective Date: This Agreement becomes effective when the Client consents to it by selecting the “I agree to the Service Agreement” checkbox and clicking the “Book” button during the online booking process.

Location and Accessibility of Agreement: This Agreement can be accessed online in two primary ways. Within the online booking interface provided by Setmore, the words “Service Agreement” in the consent statement “I agree to the Service Agreement” serve as a hyperlink, leading directly to the Agreement’s full text. This hyperlink is uniquely available during the booking process and is not present elsewhere on the Setmore site. Additionally, the Agreement is continuously available, independent of the booking process, at the direct URL https://tommichael88.github.io/booktomnyc/ServiceAgreement. The Service Provider’s scheduling system is accessible at https://booktom.setmore.com and via the redirect URL booktom.nyc. These links are for booking purposes and do not direct the user immediately to the Agreement text.

Retention of Agreement Copy: The Client may retain a copy of this Agreement for their records by printing the document when reviewing prior to finalizing the booking process, directly from https://tommichael88.github.io/booktomnyc/ServiceAgreement and/or by requesting a copy via email at booktom@icloud.com. Upon request, a copy of the Agreement will be sent to the Client via email.

Terms of Agreement: By affirming this Agreement, the Client acknowledges having read, understood, and agreed to the terms and conditions as detailed in the online document.

By accessing and using the services provided by the Service Provider either through directly contacting Service Provider independent of any third party platform or match-maker referral companies or by scheduling service through Setmore Appointments, the parties agree to the terms and conditions outlined in the Agreement. The Client affirms that they possess full and comprehensive liability insurance coverage, which they also confirm extends to anyone affected by the service they are requesting of the Service Provider. The Service Provider is not required to verify the aforementioned insurance policy however the Service Provider operates under the assumption that the Client is fully insured and will not accept responsibility for any work if this is not the case where permitted by law.

2. Definitions

• Service Provider: Refers to Tom Kongerslev or alias Thomas Kongerslev, offering handyman and tech services.
• Client: Refers to the individual (or individuals) utilizing and/or requesting services performed by the Service Provider.
• Services: Refers to handyman, tech, and computer services provided by the Service Provider.
• Job: Refers to the entire scope of work or project that the Client has requested. This encompasses all tasks, services, and other related activities required to complete the Client’s request from start to finish.
• Work: Refers to the physical or digital actions, efforts, and activities performed by the Service Provider to fulfill a specific task, service, or job.
• Task: Refers to an individual activity or step that is part of a larger service or job. For instance, within the “Wall Mounting” service, a task might be “drilling holes in the wall.”
• Project: Refers to a larger endeavor that may encompass multiple jobs, services, and tasks. It’s a broader term that might be used for more extensive engagements with the Client.

3. Scope of Services

The Service Provider will provide the Client with the services as mutually agreed upon in writing and/or will have such details available on the Service Provider’s website. The detailed scope of each most common service is provided in Annex A.

4. Governing Law and Jurisdiction

This Agreement follows the laws of the State of New York. Legal actions related to this Agreement will be taken exclusively in New York City, New York courts.

5. Service Providers Status

The Service Provider asserts that he is not a contractor nor professional tradesperson (e.g., plumber, electrician) and makes no claims to hold such specialized licenses or qualifications. Consequently, no representation of professional certification, licensing, insurance or any other qualifications should be assumed by The Client. It is imperative that The Client refrains from requesting work that legally requires a professional status. The Service Provider reserves the right to decline work that necessitates specialized skills, licensing, insurance, or permits not held by them.

In New York, the Service Provider operates within the legal framework for handymen. Any request from The Client for work beyond standard services is undertaken at The Client's own risk. The Client is responsible for ensuring that all requested work complies with applicable laws and regulations. Failure to verify legal compliance is the sole risk and responsibility of The Client.

6. Hold Harmless Clause

The Client agrees to insure, hold harmless, and indemnify the Service Provider from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees, arising from the services provided under this Agreement. However, this clause shall not be construed to transfer or shift any liability imposed by law from the Service Provider to the Client or any other third party.

7. Limitation of Liability

Any damages, losses, or liabilities arising from the Service Provider’s work shall not exceed the amount the Client paid for those services.

8. Quality of Work and Guarantee

The Service Provider commits to performing services that meet the agreed-upon standards and benchmarks as outlined throughout. The Service Provider guarantees the quality of the work for a period of 30 days from the completion date.

If, within this 30-day period, the work does not meet the specified standards or a previously addressed problem reoccurs due to no fault of the Client or external factors (e.g., natural disasters, third-party interventions), the Service Provider agrees to return and rectify the issue.

This guarantee covers:

• Labor performed by the Service Provider.
• Materials used, unless otherwise specified.

Exceptions to this guarantee include:

• 8-1. Situations where additional parts or materials are required.
• 8-2. Misdiagnosis of the initial problem leading to unforeseen complications.
• 8-3. Significant hardware failures or issues beyond the initial service scope.
• 8-4. In cases where additional costs arise, the Service Provider will provide a detailed estimate. Any additional labor costs will be discussed and agreed upon with the Client before proceeding.

Clients should report any issues to the Service Provider in writing (see Service Provider contact details as listed at the top of this Service Agreement) within the guarantee period, providing relevant details and evidence of the issue.

9. Fees and Payment

The Client agrees to compensate the Service Provider immediately upon satisfaction with the services rendered and upon receipt of an invoice, whether delivered via text, email, or in person.

10. Agreement Acceptance and Payment Terms

• 10-1. By accessing the Service Provider’s website, booking services, and/or making any form of payment, the Client acknowledges and accepts the terms outlined in this Agreement.
• 10-2. The Service Agreement is accessible at all times publicly at the specified URL prior to booking the service. In cases where an electronic hyperlink is not available on the invoice or other communication, the URL will be provided in written form. If the Client requires a physical or electronic copy of the Agreement, they may request the Service Provider to deliver it to their specified address.
• 10-3. Any payment, whether in full or partial, made by the Client to the Service Provider for services rendered is considered an acknowledgment and acceptance of the terms of this Agreement. If the Client does not agree to any of the terms of this Agreement, they are obligated to refuse payment for the service. Payment for the service, either in full or partial, is a binding provision of this Agreement.
• 10-4. The relationship between the Service Provider and the Client is on an “at-will” basis. The Service Provider is not an employee, agent, or representative of the Client. Both parties understand and agree that the Service Provider will provide services under the terms of this Agreement, and that no long-term employment relationship is established.

11. Payment as Acceptance of Terms

Any payment, whether in full or partial, made by the Client to the Service Provider for services rendered is considered an acknowledgment and acceptance of the terms outlined in this Agreement.

12. Refusal to Pay

If the Client does not agree to any of the terms of this Agreement, they are obligated to refuse payment for the service.

13. Clients Responsibilities

• 13-1. Legal Age and Authority: The Client confirms they are of legal age and possess the authority to make decisions regarding the services outlined in this agreement.
• 13-2. Property Permissions: The Client has secured all necessary permissions from property owners or landlords to perform the requested services on the designated property.
• 13-3. Permits and Restrictions: The Client acknowledges that the requested services do not require city or state permits and are not legally restricted to professional tradespeople or licensed contractors.
• 13-4. No Renovation Work: The Client explicitly prohibits the Service Provider from undertaking any renovation work as defined in Appendix A.
• 13-5. Responsibility for Work: The Client accepts full responsibility for the work performed by the Service Provider, particularly regarding plumbing services limited to cosmetic modifications or minor alterations.
• 13-6. Comprehensive Insurance: The Client attests that they maintain a comprehensive insurance policy covering all potential property damage, injury, or errors arising from the services rendered. The Client further affirms they will handle any and all claims through this insurance policy.
• 13-7. Inspection and Error Correction: The Client is committed to inspecting the Service Provider’s work upon completion and addressing any discovered errors promptly.
• 13-8. Communication and Termination:
  • Immediate Communication: The Client agrees to promptly inform the Service Provider if any actions being conducted by the Service Provider are perceived to be in violation of this agreement, beyond the Scope of Work as described in Annex A of the Agreement, or any action or conduct that is not to the Client’s satisfaction.
  • Opportunity to Correct: Upon receiving such communication, the Service Provider shall be given a reasonable opportunity to correct the action or conduct in question. If the Service Provider fails to address the concerns to the Client’s satisfaction, the Client may then consider termination.
  • Termination: The Client reserves the right to demand the Service Provider stop performing the agreed-upon services and to terminate the service before or during such services being rendered. In the event of such termination, the parties shall discuss and determine the appropriate payment or partial payment where applicable. Such discussions should be initiated as soon as possible, with the aim to reach an agreement within a reasonable timeframe, not exceeding 72 hours after the notice of termination.
  • At-Will Relationship: Both parties understand and agree that the relationship established by this agreement is “at-will,” meaning either party can terminate the relationship at any time, with or without cause. This agreement does not create a long-term employment relationship between the parties.
• 13-9. Dissatisfaction and Obligations: In the event that the Client is dissatisfied with the completed work or encounters any issues related to the services provided, the Client acknowledges that their responsibilities, including but not limited to maintaining comprehensive insurance coverage, shall remain in full force and effect. In addition:
  • The Client’s dissatisfaction or any problems arising from the services shall not absolve the Client of their obligations under this Agreement. The Client is still responsible for fulfilling all their duties and commitments as outlined in Sections 13-1 through 13-8, regardless of any disputes or concerns related to the services rendered. Failure to meet these responsibilities shall not release the Client from any liability or obligations under this Agreement.

14. Agreement Updates

Changes to this Agreement can be found at Service Agreement referenced upon booking services through the website hosted on Setmore.

15. Severability

If a provision of this Agreement is deemed invalid, the other provisions remain in full effect. The invalid provision will be replaced with a valid provision that closely mirrors the original’s intent and economic effect.

16. Emergency Situations

In situations deemed emergencies due to unforeseen service interruptions or hazards, both Parties commit to swift communication and collaboration to find an appropriate solution.

17. Timeframes

The Service Provider will strive to complete services within agreed timeframes and will promptly communicate any unforeseen delays.

18. Dispute Resolution

• 18-1. In line with section "8. Quality of Work and Guarantee" of the Agreement, if the Client identifies any actions by the Service Provider that are in violation of this agreement, beyond the Scope of Work as described in Annex A, or any other conduct that is not to the Client’s satisfaction, they are obligated to inform the Service Provider immediately.
• 18-2. Upon such notification, the Service Provider will either correct the action or conduct in question or cease performing the agreed-upon services. The terms of termination and any associated payments or refunds will be determined and agreed upon by both parties either immediately at the time of notice of termination or within no more than 24 hours after any termination.
• 18-3. If a satisfactory resolution is not achieved following the above steps, the Client shall refuse to pay for any or part of the services until such resolution is met. In the event a civil agreement, either as a refund or non-payment for services, would satisfy the Service Provider’s end of the agreement and fulfill their obligations.

19. Media Policy and Client Feedback Ownership

When the Client leaves feedback, comments, or reviews (“Client Feedback”) either in response to a solicitation by the Service Provider or unsolicited but in a publicly accessible manner, the Service Provider shall own 100% of the rights to the written text of such Client Feedback in its entirety.

• 19-1. Rights and Permissions
  • Use and Modification: The Service Provider has the right to use, repost, crop, reformat, or otherwise modify the Client Feedback (without changing any of the specific words or statements) for marketing or promotional purposes.
  • Platform Independence: The Service Provider has the right to use Client reviews, comments or feedback on other websites, platforms, or media channels, whether now known or hereafter invented.
• 19-2. Waiver of Confidentiality: By leaving Client Feedback, the Client waives any right to confidentiality and consents to the use of their name, likeness, and other identifying information as described above.

20. Privacy Policy