The Nestease app and the site (together called the "Site") are created and operated by Nestease, LLC, a Virginia limited liability company ("Nestease"). When you use the service(s) provided and offered on the Site (the "Services"), you are agreeing to these Terms and Conditions (“Terms”) between you and Nestease.
Nestease has developed a platform (“Platform”) that (i) allows customers (collectively, “Clients”) to access to services provided by Nestease, its subcontractors, or its third party labor pool (these third party providers referred to as “Providers”) for the provision of services to or for the benefit of each Client, (ii) allows Clients to create appointment requests for the performance and delivery of services (“Requested Services”), (iii) allows Nestease, its subcontractors, or Providers to access appointment requests for Requested Services, (iv) allows Nestease, its subcontractors, or Providers to accept appointments for Requested Services, and (v) facilitates scheduling of Requested Services, provides appointment reminders, and provides for payment. Nestease service agreements with Clients are binding on Client. Nestease, its subcontractors, and Providers are engaged by Client, at Client’s option, on Client’s terms. You acknowledge and agree that non-Nestease Providers are not interviewed, vetted, selected, approved, contracted, or hired by Nestease.
Pricing for Services will be established by Client input and the details of each Requested Service, and may also be confirmed, altered, or countered by publicly available information such as home lot size, square footage. Nestease, its subcontractors, and Providers may alter a proposed price for a Requested Service prior to performance, or may adjust the pricing of a subsequent service based on information learned on a first service call.
Nestease has the right, at its discretion, to change, modify, add or remove certain of these terms or the financial and pricing terms for its Platform and Services over time. The then-current version of these Terms will govern your interactions with the Site and the Services.
We may change or discontinue any aspect of the Site or the Services at any time, including the availability of any feature, function, or content. We may limit features and Services or restrict your access to parts or all of the Site or the Services provided without notice or liability.
Use of the Site or the Service is void where prohibited. This Site is intended for users within the United States who are eighteen (18) years of age or older. By using the Service or the Site, you represent and warrant that you are 18 or older, and that you agree to and to abide by these Terms.
By using the Platform, the Site, or the Services, all parties agree to the Nestease Privacy Policy on the Site.
REPRESENTATIONS AND WARRANTIES
Neither Nestease, nor any of our affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Site or the Services, the information presented, or the results that may be obtained from use of the Site. You agree that delivery of services to you by Providers and the liability for any action, failure to act, loss, or injury relies solely upon such Providers and not on Nestease.
You acknowledge and agree that Nestease is a company that provides help with the dispatch, management, and tracking of independent contractors, freelance service providers, and mobile workforces (“Nestease”).
If you have any questions about, or information to share concerning this Site, the Service, or any Providers, please email us at contactus@nestease.com
INDEMNITY/LIMITATIONS OF LIABILITY
As a condition of use of the Site and the Services, you agree to indemnify, defend and hold harmless Nestease, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees from and against any and all claims, liability and costs, including attorneys' reasonable fees, arising from or relating to any allegation regarding (i) your use of the Site and/or Services, (ii) Nestease's use or distribution of any content or information you provide, (iii) information or material posted or transmitted through your account, even if not posted by you, and (iv) any violation by you, or others using your account, of these Terms And Conditions.
As a Client, you acknowledge and agree that Nestease shall not be liable for the actions or failures to act of Providers, or of any non-Nestease party. You further acknowledge and agree that Nestease, its subcontractors, or Providers may use tools or equipment in the provision of services to you, for example lawn mowers, vacuums, or other devices that feature or rely upon robotic, self-driving, or machine learning technologies. You agree that when engaging any Provider for any services at your home or other premises, you will make your best efforts to clear the necessary areas of obstacles and dangers in order to enable the safe delivery of services to you.
If you are a Provider, you acknowledge and agree that Nestease shall not be liable for the actions or failures to act of Clients, Clients’ guests or invitees,other Providers, your guests or invitees, or any non-Nestease party.
You shall cooperate as fully as reasonably required in the defense of any such claim. Nestease reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Under no circumstances, including negligence, shall Nestease, or its directors, officers, employees, agents or affiliates, be liable for any indirect, incidental, special or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, the Platform, unauthorized access to or alteration of your transmissions or data, or any errors or omissions in the information presented by the Platform, even if Nestease is aware or has been advised of the possibility of such damages. You specifically acknowledge and agree that Nestease is not liable for any conduct of any user.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
If you are dissatisfied or harmed by Nestease's services, the actions or failures of Nestease, a Nestease subcontractor, a Provider, or any other Site or Platform user, any Nestease partner, third party, any Nestease material, or with any of Nestease's terms and conditions, your remedy is limited to your decision to discontinue using the Site, together with the return to you of any net payment or profit received by Nestease directly in connection with the relevant Service Request and the facts of your claim. You agree that Nestease shall not be liable to you or to any third parties for any actions or failures of any Provider, any other Site user, or any Nestease partner.
RELATIONSHIP WITH PROVIDERS
With respect to Providers only, the Platform exists to help you manage your Providers and their assignments and performance. You acknowledge and agree that this is the limitation of the role of Nestease and the Platform to you. Providers are not employees, subcontractors, officers, or agents of Nestease, and Nestease is not responsible for Providers’ actions or failures to act. When you work with a Providers, your rights will be governed by and limited to your agreement with that Providers. Providers will typically interact with the Platform and Service by means of the Site or a mobile app, under these terms and conditions. These terms and updates to them will remain available for your review here https://nestease.com/terms
PROVIDER TERMS
Providers agree that they are not employees, agents, or officers or Nestease, but are solely users of the Platform for purposes of finding, booking, and coordinating service opportunity for Clients. Each Provider therefore represents and warrants to Clients and to Nestease that:
- Provider has insurance sufficient to cover its potential liability for the Services offered, scheduled, and associated with Nestease, Clients, and the Platform
- Provider shall be liable for and insure against its own losses, injuries, or property damage related to the Services offered, scheduled, and associated with Nestease, Clients, and the Platform
If a Client supplies tools, equipment, or supplies to Nestease, its subcontractors, or Providers in connection with any Service Request, Client assumes full risk and responsibility for any use, damage, loss, harm, or impairment of such tools, equipment, or supplies.
OUR THIRD PARTY SERVICE PROVIDERS FOR THE PLATFORM
We use recognized and trusted partners to create and deliver the Platform to you. These include cloud-based service providers for web server and database hosting, contact form and email communications, call center, software developers, chat functions from our web site, map and navigational functions, and other services provided by trusted partners of ours. By using the Platform, you agree to our use of these third party services for the limited purposes of delivering the Site and the Platform to you and our other users, and maintaining its full functionality.
RESTRICTIONS
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Platform, Site or Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, sell, resell, transfer, publicly display, publicly perform, transmit, or otherwise exploit any aspect or portion of the Site or Services except as expressly permitted by us; (iii) mirror or frame any portion of the Site or Services; (v) scrape, index, harvest, survey, or otherwise copy, mine or collect any portion of the Site, Services, or their content or data; or (vi) unduly burden or hinder the operation and/or functionality of any aspect of the Site or Services or their systems or networks.
DISCLAIMER
ALL SERVICES AND INFORMATION IN THE SITE, PLATFORM, AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. NESTEASE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME, INCLUDING CHANGES TO THESE TERMS OF USE. NESTEASE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE SITE AND/OR THE CONTENT CONTAINED HEREIN. NESTEASE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER'S COMPUTER AND OTHER EQUIPMENT.