Terms and Conditions
Landlords, Property Managers, Tenants and Vendors
Gutsy Home LLC
As used in this Terms and Conditions of GutsyHome, the following terms shall have the meanings set forth below:
"Account" shall mean a GutsyHome account created by any User to upload any personal or business information for the purpose of obtaining access to the content, services and benefits provided by GutsyHome.
"ACH" shall mean electronic payments made through the Automated Clearing House (ACH) Network. Funds move from one bank account to another with the help of an intermediary that routes funds to the final destination.
"Client" shall mean Landlords and/or Property Managers and/or Vendors as defined in these Terms and Conditions, who from time to time may be receiving Rent Payments and any other payments for services rendered among Users, through GutsyHome when they so authorize by attaching a Bank Account to a Property or their business in order to receive payments.
"Content" shall mean any and all of the content and information, including but not limited to, ratings & reviews, photographs or images, comments, questions and/or answers, quotes and/or estimates, personal and/or business information, and any document uploaded in connection with any given property.
“Fee” or “Fees” shall mean any commission retained or charge by GutsyHome to Vendors once Clients have paid to Vendors any job taken and performed by Vendors in the webapp, iOS app or Android app. Such fee payment shall occur when the Vendor has sent the corresponding invoice to the Client through GutsyHome and the Client has paid to the Vendor.
"GutsyHome" shall mean Gutsy Home LLC, a limited liability company constituted under the laws of the state of Florida, its affiliates, subsidiaries and any sister or parent company. It shall also be referred as to the webapp or the iOS and/or Android apps where any content, Requests, documents and rent payments are posted.
"Landlord" shall mean any individual or company who claims to be the owner of the real estate property listed in GutsyHome.
"Property Manager" shall mean any individual or any company who claims to be the manager of such real estate property for the purposes of administering any Request, Rent Payment or any other related issue for the good functioning of such real estate property.
"Payor" shall mean any User in GutsyHome who makes any form of payment through any payment method available on the GutsyHome platform.
"Request or Requests." shall mean any repair request, emergency request or tenant improvement posted by a user.
"Tenant" shall mean any service provider, whether preferred as defined by Landlord or Property Manager, or authorized by GutsyHome, who will render services in one or multiple categories listed in GutsyHome, and who is licensed under the applicable state and complies with any other requirements requested by real estate property organizations which will allow them to enter the premises from time to time.
"Vendor or Vendors" shall mean any service provider, whether preferred as defined by Landlord or Property Manager, or authorized by GutsyHome, who will render services in one or multiple categories listed in GutsyHome, and who is licensed under the applicable state and complies with any other requirements requested by real estate property organizations which will allow them to enter the premises from time to time.
"Users" shall mean the users of GutsyHome webapp or mobile apps, with roles defined as Landlord, Property Manager, Tenant or Vendor, or any other user that may be allowed from time to time by GutsyHome.
"Rent Payments" shall mean any single payment or multiple payments made in the Rent Payment section of GutsyHome Android or iOS apps or webapp, from any Tenant assigned to any given property by a given Landlord or Property Manager, under a real estate lease agreement.
Upon registration, you may choose your own password or GutsyHome will assign you a temporary password to access the GutsyHome services through the use of GutsyHome web-applications or mobile apps.
At GutsyHome we are committed to making your GutsyHome experience a positive one. GutsyHome is a communication portal between Tenants, Landlords, Property Managers, and Vendors for the organization, logistics, coordination and performance of Requests in rental properties uploaded onto GutsyHome. As a Landlord you may chose a Vendor from our database or input the information of your preferred Vendor into our database. Upon entering your information and a Request for which you would like a Vendor, we will attempt to match you with as many Vendors in your area, who may be interested in fulfilling your Request. However, we do not guarantee that we will be able to match your Request needs with a Vendor or that there are Vendors in your area that are either capable or willing to complete your Requests.
3. GUTSYHOME SERVICE PROVIDER DIRECTORY AND VENDOR CERTIFICATION.
You can view a directory of Vendors in your selected area who provide services in the categories selected. These listings include ratings and reviews of those Vendors from GutsyHome Users, when available. You can also input information about your preferred Vendors to include them, with our acceptance, into the GutsyHome Vendor directory. GutsyHome may examine the technical background, company profile, commercial record, legal standing and reputation of its Vendors as part of the evaluation process before admitting them as an authorized Vendor in the GutsyHome Vendor network. We make no guarantees or representations regarding the skills or representations of such Vendors or of the quality of the work that they may perform for you if you elect to retain their services. GUTSYHOME DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR SERVICE PROVIDER. It is entirely up to User to evaluate a Vendor's qualifications, and to enter into a direct contract or otherwise reach agreement with a Vendor. We do not guarantee or warrant any Vendor's performance on the job or the outcome or quality of the services performed. The Vendors are not employees or agents of GutsyHome, nor is GutsyHome an agent of the Vendors. All the Vendors available in GutsyHome directory are independent contractors.
4. NO CONTRACTING VIA THE GUTSYHOME WEBSITE.
GutsyHome may inform you of certain offers or discounts provided by a Vendor. Such offers or discounts are made solely by the Vendor, and GutsyHome does not guarantee or warrant the pricing or discounts that a Vendor may offer you. Any quotes provided by the GutsyHome webapp or mobile apps, or that you may find on the GutsyHome webapp or mobile apps, are not contractually binding offers, as they are published for informational purposes only. No contractual arrangement is created with GutsyHome based upon the quotes provided to you by any Vendor (or your scheduling of an appointment with a Vendor) via GutsyHome. To contract with a Vendor, Users must reach an agreement directly with the Vendor. GutsyHome does not perform, and is not responsible for, any of the service requests by Users. Any rights under contracts Users enter into with Vendor are governed by the terms of such contracts between those two parties and by applicable federal, state, provincial and local laws.
5. RELEASE FROM DAMAGES OR CLAIMS.
Should a User have a dispute with any Vendor, Users must address such dispute with the Vendor directly. USERS HEREBY AGREE TO RELEASE GutsyHome (AND ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDERS.
6. SERVICE PROVIDER.
You may enter your information to be included in the Vendor directory. Alternatively, a Landlord may input Vendor’s contact information, upon which Vendor will be contacted to complete the registration process. At that time Vendors will be afforded the opportunity to remove the information entered by the Landlord from the directory. Vendor’s failure to remove such information is constructive authorization to GutsyHome to utilize the information provided as stated in these Terms & Conditions.
7. USE OF SERVICES AND PROHIBITED USES.
Users acknowledge and agree that the use of GutsyHome is for User’s personal use and not for advertising purposes. Users may not use GutsyHome to recreate or compete with GutsyHome, to solicit or harass GutsyHome Vendors, Tenants, Property Managers or Landlords, or for any other purpose not contemplated herein. Users acknowledge that a violation of the foregoing could result in significant damages, and Users agree to be liable before GutsyHome for any such damages and will indemnify GutsyHome in the event of any third party claims against GutsyHome based on or arising from User’s violation of the foregoing. GutsyHome reserves the right to revoke User’s access to any GutsyHome products or properties at any time. All information about Users is confidential and for User’s personal use only. If it is determined or suspected by GutsyHome in its sole discretion that Users are misusing or attempting to misuse or circumvent the GutsyHome services, data, content or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, or have conducted themselves in a way that may prejudice GutsyHome or any other Users, GutsyHome reserves the right, in its sole discretion, to immediately terminate access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
8. INFORMATION YOU PROVIDE TO US.
Upon signing up for and using GutsyHome, Users will be prompted to disclose certain information whether personal or business related if applicable, as well as providing the opportunity to remove Users information already in the database by sending a request to firstname.lastname@example.org
Users will be able to store information, such as home services records, on GutsyHome webapp or mobile apps. Some of this information will be sent to Users who will need this information to communicate and provide services. By providing this information, or not requesting removal of such information as stated above, by submitting a Request, Users are requesting, and expressly consenting to being contacted by GutsyHome representatives and by GutsyHome Users via the GutsyHome app, chat, phone, fax, email, mail or other reasonable means, at any of Users’ contact numbers or addresses, even if Users are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that Vendors may provide the services set forth on the GutsyHome site, to service User’s account, to reasonably address matters pertaining to User’s account or for other purposes reasonably related to User Requests and GutsyHome business, including marketing related emails, posting and any other way of marketing that GutsyHome may determine from time to time . For complete details on GutsyHome use of User information, please see GutsyHome privacy policies. Users agree that by completing a Request, Users are entering into a business relationship with GutsyHome and its partners and thus agree to be contacted by GutsyHome and/or its partners. Users promise that all information provided (including but not limited to Users contact information, and any Ratings and Reviews of Vendors that Users provide) will be accurate, current and truthful to the best of Users’ knowledge. If Users provide any information that is untrue, not current or incomplete, or GutsyHome has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GutsyHome has the right to refuse any current or future use of the GutsyHome services (or any portion thereof) by User. Users are responsible for any use of the GutsyHome services by persons to whom Users intentionally or negligently allow access to User’s password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO GUTSYHOME AND ITS CLIENTS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, OR FALSE CREDENTIALS, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO GUTSYHOME AND EACH GUTSYHOME SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO GUTSYHOME AND EACH OF THE AFFECTED CLIENTS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
9. SERVICE REQUESTS, RENT & PAYMENTS.
Users understand that use of GutsyHome services shall result in payments made by Users to Vendors for the services or goods that Users shall receive from time to time. GutsyHome will receive and/or enable payment of the applicable Request for services or goods obtained through the use of the GutsyHome solution. Payments owed will be reflected in the invoice sent by Vendors through the GutsyHome platform. All payments will be enabled by GutsyHome using the preferred payment method designated in the User’s Account, after which Users will receive a receipt by email upon User’s request. If User’s primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, Users agree that GutsyHome may use a secondary payment method in User’s Account, if available. GutsyHome reserves the right to charge Users any fees derived from declined, rejected or not accepted payments whether made by primary payment method or any other alternative method of payment selected or uploaded by User in the GutsyHome platform. PAYMENTS paid by Users are final and non-refundable, unless otherwise determined by GutsyHome or an authorized legal process. GutsyHome reserves the right to establish, remove and/or revise payments for any or all services or goods obtained through the use of the GutsyHome platform at any time in GutsyHome's sole discretion. Further, Users acknowledge and agree that payments due for certain services like emergency services, or at certain times or on certain days, such as holidays and /or non- business days, may increase substantially relative to prices for those same services at other times or under other conditions. GutsyHome will use reasonable efforts to inform Users of price increases that may apply, provided that Users will be responsible for payments incurred under User’s Account regardless of User awareness of such payments, possible increases or the specific amounts thereof. GutsyHome may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the services, and Users agree that such promotional offers and discounts, unless also made available to Users, shall have no bearing on User’s use of the services or the payments applied to Users. Users may elect to cancel Requests for services at any time prior to the commencement of such services, in which case Users may be charged a cancellation fee on a Vendor’s behalf. After Users have received services or goods obtained through the Request, Users will have the opportunity to rate their experience with that Vendor and leave additional feedback. GutsyHome may use the proceeds of any payments for any purpose, subject to any payment obligations it has agreed to with any Vendor or other third parties. In certain cases, with respect to Vendors, payments Users incur will be owed directly to Vendors, and GutsyHome will collect payment of those charges from Users, on the Vendor’s behalf as their limited payment collection agent, and payment of such funds shall be considered the same as payment made directly by Users to the Vendors. This payment structure is intended to fully compensate a Vendor, if applicable, for the services performed or goods delivered in connection with User’s request of the services. In all other cases, payment obligations that Users incur will be owed and paid directly to GutsyHome or its affiliates, where GutsyHome is solely liable for any obligations to Vendors. Any representation by GutsyHome (on GutsyHome's webapp, in the Application, or in GutsyHome's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments received for services provided is not intended to suggest that GutsyHome provides any additional amounts, beyond those described herein, to a third party provider. While users are free to provide additional payment as a gratuity to any Vendor through the service, they are under no obligation to do so. Gratuities are voluntary.
10. RENT PAYMENTS.
Paying Tenant’s rent with GutsyHome from Tenant’s account via the ACH method of payment is free for Tenants. GutsyHome shall charge Landlords a nominal fee of $ 4 for receiving each rent payment. If Users don’t want to pay the fees, Users can choose not to utilize the service or cancel the service anytime. GutsyHome does not offer refunds for fees Users have already paid.
- Clients hereby appoint GutsyHome as Clients’ limited agent for the limited purpose of receiving, collecting, facilitating, transmitting, and/or processing Rent Payments and/or any other payments associated with Rent Payment that may occur from time to time, through GutsyHome platform on Clients’ behalf and transmitting such funds to Clients. Clients acknowledge and agree that:
- Receipt of funds from Payor by GutsyHome on Client’s behalf in connection with Rent Payments shall be deemed receipt of funds from Payor by Client and will satisfy Tenant’s Rent Payment obligations to Client in the amount of the funds transferred by the Tenant, even if GutsyHome fails to remit such funds to Client.
- GutsyHome or its designee will provide Payors with a digital receipt and any other information required by applicable law confirming that Rent Payment has been made on the applicable date. Client acknowledges GutsyHome is not a bank or other chartered depository institution. Client also acknowledges that funds received by GutsyHome may be commingled with funds of others on whose behalf GutsyHome collects Rent Payments and held by GutsyHome (or its service provider) on behalf of, and for the benefit of, Client, as applicable, in one or more pooled accounts at one or more FDIC-insured banks. U.S. dollar balances held in any pooled account are eligible for FDIC pass-through insurance, meaning that Client’s balance is insured up to the FDIC maximum. As between Client and GutsyHome, GutsyHome has sole discretion over the establishment and maintenance of any pooled account. GutsyHome will not use funds held in such manner for GutsyHome’s corporate purposes. Client will not receive interest or any other earnings on any funds that GutsyHome holds for or on behalf of Client.
- GutsyHome may order for Client a merchant identification number (“Sub-Merchant ID”) from a processor; and in some such cases, GutsyHome does not receive funds from Payors, but GutsyHome simply transfers data to support the transfer of funds from Payors directly to Client.
- GutsyHome may grant or deny any Payor the ability to use the Rent Payment feature in GutsyHome platform, for any or no reason.
- Client Responsibilities; Acquirer Relationship; Card Networks. During the use of GutsyHome platform, the services will be provided by GutsyHome in conjunction with a merchant acquirer, eCheck or ACH service provider/processor, and/or PIN debit acquirer and their respective designated sponsoring member bank(s) (collectively, “Acquirer(s)”). Client agrees to comply with all GutsyHome policies with respect to the services, and all applicable Visa U.S.A., Inc., Visa International, MasterCard International Incorporated, Discover Financial Services, Inc., American Express Travel Related Services Company Inc., (collectively, “Card Networks”) and National Automated Clearing House Association (“NACHA”) operating regulations, and other rules (collectively, “Operating Regulations”), and all applicable federal, state, or local laws, rules, regulations, and regulatory guidance relating to the conduct of its business. As of June 1, 2017, the Operating Regulations for the Card Networks and NACHA are available at: (i) Visa: https://usa.visa.com/support/small-business/regulations-fees.html#3; (ii) MasterCard: https://www.mastercard.us/en-us/about-mastercard/what-we-do/rules.html; (iii) Discover available upon request at https://www.discover.com/credit-cards/help-center/contact-us/; and (iv) NACHA: https://www.nacha.org/rules. Client agrees and acknowledges that the Card Networks and NACHA reserve the right to amend the Operating Regulations, and the places where such rules are available, without notice to Client.
- Payments of Amounts Due and Funding Timeline. During the use of GutsyHome’s platform, GutsyHome’s services will enable qualified Payors to make payments of Amounts Due to Client or the Payee using any combination of payment channels offered by GutsyHome, which may include: credit cards, debit cards (collectively, “Cards”), and ACH/eCheck or other methods of electronic funds transfer (collectively, “ACH”), payments through any Sites or application interface (“API”). Subject to processing delays and risk holds, GutsyHome shall make commercially reasonable efforts to cause Rent Payments to be made to Client’s or Payee’s bank account, as instructed by Client, via ACH no later than 3 business days following the day a Rent Payment is posted to GutsyHome’s accounts. Client acknowledges and agrees that GutsyHome may decline to process any Rent Payment in connection with, among other reasons, fraud prevention activities, applicable law, or GutsyHome policies.
- D. Authorization for Debits and Credits. Client hereby authorizes GutsyHome to credit and debit the bank accounts indicated by Client in GutsyHome platform, including those bank accounts owned by Client or Payee, for the following purposes:
- to credit Payments to or as directed by Client;
- to credit any other amounts due to Client;
- to debit any chargebacks, refunds, or reversals and,
- to debit any fees, charges, or other amounts owed by Client to GutsyHome.
- Client represents that it has the legal right, power, and authority to authorize GutsyHome to credit and debit such bank accounts. Client acknowledges that if it interferes with GutsyHome’s ability to debit or credit any of such bank accounts, GUtsyHome may suspend, terminate or ban the services without notice.
- Client’s Use of the Services. Client agrees that the services shall be used solely for the collection and payment of Rent Payment and for no other purpose. Client represents and warrants that it complies with all applicable law with respect to property management, rental payments or other products or services provided by Clients or Payees, and that it has the legal authority to own, manage, let, or sublet the properties and to collect and authorize GutsyHome to collect Rent Payments in connection with the Properties; and if Client is unable to show such authority upon GutsyHome’s request, GutsyHome may suspend, terminate or ban the services and may withhold or refund to Payor any corresponding Rent Payments.
- Modification of the Services. When GutsyHome determines that it is necessary to protect the integrity of the websites, native apps and webapps or its operations, to avoid harm to others, or for any other reason, GutsyHome has the right, without notice or liability, (i) to change, suspend or discontinue the services or websites, or ban the Client’s account with GutsyHome and (ii) to impose limits on features or restrict access to any of the services and websites, native apps and webapps, without notice or liability.
- In addition, GutsyHome may from time to time without prior notice modify any of the services or websites, native apps or webapp. However, if GutsyHome, in its sole discretion, determines that any such modification would significantly adversely affect Client’s use of the services or websites, native apps or webapp; GutsyHome will provide Client notice, by email or by a posting on the “Terms & Conditions” of GutsyHome.
- Provision of Information. Client will keep current all information identified on the Forms, including, without limitation, all bank account information. Client will also provide any other information as may be reasonably requested by GutsyHome, from time to time, or otherwise as may be required to perform the services. Client acknowledges that failure to update such information may result in Payments being misdirected or delayed, or returned to the Payor. GutsyHome shall in no event be liable for any damages directly or indirectly resulting from Client’s failure to provide current and correct information.
- Relationship Between GutsyHome, Payors, and Client. Client acknowledges and agrees that GutsyHome is not a party to Client’s agreement with any Payor with respect to property management, Rent Payment or other products or services provided by Clients. Therefore, in the event of a dispute between Client and a Payor, for any reason other than GutsyHome’s performance of the services, Client agrees to indemnify, defend and hold harmless GutsyHome, its affiliates, and its officers, directors, agents, employees, and other representatives from any claims related to the dispute.
- Fees and collection of Fees. Client shall pay GutsyHome a convenience fee of $4 per Rent Payment event. Client acknowledges that GutsyHome may also charge Payors certain fees in order to use its services and GutsyHome is responsible for disclosing any such fees to Payor. GutsyHome reserves the right to modify any fee upon ten (10) days’ notice to Client. If a dispute arises related to non-disclosure of Client-charged fees, Client shall be liable to GutsyHome for the full transaction amount including fees or charges for facilitating the payment of the amount due. In addition to the fees listed here, Client is also responsible for any penalties or fines imposed on it or GutsyHome by any Acquirer, Card Networks, or NACHA resulting from Client’s use of the services in a manner not permitted by these Term and Conditions, Operating Regulations, or Acquirer rules and regulations.
- Right of Setoff. To the extent permitted by law, Client authorizes GutsyHome to withhold, without notice, from any payment due to Client, any and all sums that Client owes to GutsyHome, including without limitation: (i) Fees owed by Client, and (ii) amounts Client owes GutsyHome in connection with any Reversal, refund, Chargeback or other adjustment to prior payments.
- Collection Actions. Notwithstanding anything else herein, if Client fails to pay GutsyHome any amounts owed to GutsyHome under these Terms and Conditions, GutsyHome reserves the right, on its own or through a third party collection agency, to initiate a collection action against Client to recover such funds. GutsyHome, from time to time, may charge interest on unpaid sums that are at least thirty (30) days past due at the annualized rate of ten percent (10%), or the maximum rate permitted by applicable law. Interest will be calculated on a daily basis from the due date until the sum due has been paid in full. In such event, Client agrees to pay all costs and expenses, including without limitation, reasonable attorneys’ fees and other expenses, incurred by or on behalf of GutsyHome in connection with the collection action.
- N. Underwriting, Chargebacks and Reversals. Underwriting; Customer Due Diligence; Fraud and Risk Reviews. In order to enable GutsyHome to comply with anti-terrorism, financial services, and other applicable laws and regulations, Know Your Customer (“KYC”) and other requirements imposed by the Card Networks and relevant entities, Client may be required to provide GutsyHome information about itself, its shareholders, its activities, and the properties. Client warrants unconditionally that all information it provides GutsyHome is true, correct and up to date, and acknowledges that GutsyHome is relying upon such information in establishing this agreement and in providing the services. Client authorizes GutsyHome to verify the information provided by Client. GutsyHome will use this information to perform customer due diligence, identity verification, and various underwriting, fraud and risk reviews. Client acknowledges that GutsyHome will continuously monitor Client transactions through the services for the purpose of identifying suspicious activity, to prevent, detect and deter fraud and money laundering, and to protect the integrity of its systems and business. Client further acknowledges that as a result of such monitoring GutsyHome may require additional due diligence (including information on the Properties, Client financial statements, and additional information on Payors and Payees) with respect to Client to ensure Client continues to be eligible for the services. GutsyHome may suspend or terminate the services immediately and may withhold or refund any corresponding Rent Payments to Payor upon the occurrence of any of the following:
- if Client becomes ineligible for the services based on GutsyHome policies,
- GutsyHome reasonably suspects Client has violated applicable law, or
- if Client does not furnish the requested information in a timely manner.
- O. Client further authorizes GutsyHome (or its affiliate or agent) from time to time to request a consumer report on Client from a consumer reporting agency. In accordance with the U.S. Fair Credit Reporting Act (FCRA), such consumer report(s) will be used to review Client’s account to determine whether Client continues to meet the terms and conditions related to the services. GutsyHome reserves the right to terminate, suspend, or limit access to the services, native apps, webapp, or any other platform based upon GutsyHome’s review of such consumer report(s), and/or in the event GutsyHome is unable to obtain or verify any of Client’s information. In the event that Client’s access to the services are so terminated, suspended, or limited based upon information contained in a consumer report, GutsyHome will notify Client in accordance with applicable law.
- Adequate Security; Reserve. As a condition of continuing to provide Services to Client, Client agrees that GutsyHome may, at any time, require a guaranty or other form of adequate security, including requiring Client to maintain with GutsyHome a separate reserve account (a “Reserve”) or requiring Client to obtain specific types of insurance on the Properties. GutsyHome may set the Reserve in an amount that it reasonably determines is necessary to cover its or any Acquirer’s risk in connection with providing the Services to Client (including without limitation anticipated Chargebacks or credit risk). The Reserve may be raised, lowered, or removed from time to time in GutsyHome’s sole discretion. Client agrees that GutsyHome may fund the Reserve from amounts due to Client under this Agreement and grants GutsyHome the right to make any withdrawals or debits from the Reserve, without prior notice to Client, to collect amounts owed to GutsyHome under this Agreement. Client grants GutsyHome a security interest in and lien on all funds held in any Reserve. Client will execute any additional documentation required for GutsyHome to perfect such security interest. This security interest survives for as long as GutsyHome holds funds in the Reserve. Client acknowledges and agrees that all interest or other earnings that accrue or are attributable to the Reserve will belong to GutsyHome.
- Chargebacks and Reversals. Any Payment by a Payor is subject to a right of (i) “Reversal” (the right of a bank account owner to seek the return funds for a transaction that was funded by a bank account – sometimes referred to as an ACH Return – for example, as a result of suspected unauthorized use of a bank account or insufficient funds), or (ii) “Chargeback” (the right of credit cardholders to file a claim for a refund with their Card issuer, for example, as a result of fraud or dissatisfaction with a purchase). These rights exist between the Payors/accountholders and their bank or Card issuer. Client acknowledges and agrees that it is responsible for any Chargeback or Reversal of a Payment, plus the applicable Chargeback and Reversal Fee in the Fee Schedule, regardless of the reason for the Chargeback or Reversal. In the event of a Chargeback or Reversal of any Rent Payment by an accountholder, GutsyHome is authorized to, without notice, recapture such amount plus any fees associated with the Chargeback or Reversal from Client’s bank account or to withhold such amount from any Payment due to Client. GutsyHome shall have no obligation to pursue any collection action against any Payor or accountholder and, therefore, GutsyHome’s obligation to remit funds collected by GutsyHome on Client’s behalf shall be limited to funds that GutsyHome has actually received that are not subject to Chargeback or Reversal.
- With respect to Chargebacks, GutsyHome may, in its sole discretion, assist Client to investigate and dispute the validity of the Chargeback on Client’s behalf and at Client’s expense. Client agrees to cooperate with GutsyHome and to provide any information that may be reasonably requested by GutsyHome in its investigation. Client authorizes GutsyHome to share information about a Chargeback with the Payor and accountholder, the accountholder’s financial institution, and Client’s financial institution in order to investigate or mediate a Chargeback. If the Chargeback is resolved in Client’s favor and GutsyHome is in possession of the applicable funds, GutsyHome will place them into Client’s designated bank account. If a Chargeback dispute is not resolved in Client’s favor or Client chooses not to contest the Chargeback, Client waives its rights to repayment. Client acknowledges that Client’s failure to assist GutsyHome in a timely manner when investigating a transaction may result in Client losing the Chargeback dispute. Client acknowledges that Chargeback or Reversal decisions are made by the applicable issuing bank, Card Networks, or NACHA, and all judgments as to the validity of the Chargeback or Reversal are made at the sole discretion of the applicable issuing bank, Card Networks, or NACHA. Client further acknowledges that American Express Chargebacks that are deemed to be fraudulent or unauthorized (as defined by American Express) may not be disputed.
- Excessive Chargebacks/Reversals. If GutsyHome determines in its sole discretion that Client has incurred an excessive number or amount of Chargebacks or Reversals, GutsyHome may, without notice: (i) increase the processing fees paid by Client, (ii) require Client to establish a Reserve, (iii) delay Payments to Client, and/or (iv) suspend providing the Services to Client.
Users may choose to execute or receive payments. By using this feature of the service with credit cards, Users agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.com/connect/account-terms. By using this feature of the service with ACH transfers, Users agree to be bound by the Terms and Conditions of USIO’s Automated Clearing House Services Agreement, available at www.usio.com. These Agreements may be updated from time to time. For avoidance of doubt, if any payment Users initiate using GutsyHome does not successfully complete, the payee reserves the right to seek payment from Users via GutsyHome or through other means. Any authorization Users provide to make repeating automatic payments using the service will remain in effect until cancelled.
By providing GutsyHome with User’s banking, credit/debit card, or other payment information, Users authorize GutsyHome to use this information and disclose it to Stripe and/or USIO or any other payment gateway providers with whom GutsyHome works for the purpose of processing Users’ payments on GutsyHome. Payment gateway providers may also aggregate Users information for other purposes, but only in ways that don’t identify Users personally or disclose any personal information about Users, and such payment gateway providers may disclose User’s personal information when necessary to comply with the law.
12. COMISSIONS CHARGED TO VENDORS.
By way of information provided by GutsyHome, Vendors will receive Requests and be able to contract, manage and perform Requests to Clients listed by GutsyHome. On the basis of Vendor’s estimates and invoices for the provision of services, GutsyHome will retain a fix and variable commission (herein after called as a “Transactional Fee” or “Fees”) out of payments made by Clients to Vendors. Upon providing a service through GutsyHome, Vendors shall owe GutsyHome the Fees herein described. The amounts of these Fees may be changed from time to time at GutsyHome’s sole discretion. Once GutsyHome receives payment from Clients for Requests by services providers, GutsyHome shall act as a payment facilitator through our designated payment gateway, paying the service providers such invoices for any Request as follows: i) For any invoice less than $ 200, Gutsyhome shall retain $15 plus 4% calculated out of the total amount of such invoice; and ii) For any invoice equal or bigger than $ 200, GutsyHome shall retain $20 plus 4% calculated out of the total amount of such invoice.
13. DISPUTE RESOLUTION.
GUTSYHOME WILL PROVIDE A COMMUNICATION MECHANISM FOR GUTSYHOME APP USERS TO CONTACT GUTSYHOME REGARDING ANY QUESTIONS, CLAIMS OR DISPUTES. Though no obligation exists, in the event GutsyHome, upon User’s request, provides limited assistance in resolving disputes between Users, Users must participate and use good faith efforts to resolve problems and such limited assistance by GutsyHome in no way nullifies the release and indemnification described in these Terms & Conditions.
14. CALL RECORDING.
Users acknowledge and agree that GutsyHome may monitor and/or record any telephone calls between User and GutsyHome.
15. USER GENERATED CONTENT.
Users agree that all Content posted by Users or User’s agents or designees on GutsyHome is the sole and exclusive property of GutsyHome, and that Users have no right to reproduce, post, publish, or otherwise use such Content other than for your personal use relating to User’s Request.
16. OUR RIGHT TO USE YOUR CONTENT.
Users acknowledge and agree that any Content Users post or provide, excluding any data related to payment information, may be viewed by the general public and will not be treated as private, proprietary or confidential. Users authorize GutsyHome and our affiliates, licensees and sub-licensees, without compensation to User’s or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, Users waive and release and covenant not to assert any moral rights that Users may have in any Content posted or provided by Users.
17. GRANT OF LICENSE.
Users hereby grant GutsyHome and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to User’s Content in any format or media (whether now known or hereafter created) on the GutsyHome website and apps in any manner that GutsyHome may deem appropriate or necessary, including, if submitted, Users name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
18. REPRESENTATION OF OWNERSHIP AND RIGHT TO USE CONTENT.
By posting or providing any Content to GutsyHome, Users represent and warrant to GutsyHome that Users own or have all necessary rights to use the Content, and grant to GutsyHome the rights granted above and below. The forgoing representation includes, but is not limited to, a representation and warranty that Users own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that Users provide. In addition, if Users post or otherwise provide any Content that is protected by copyright, Users represent that Users have obtained any necessary permissions or releases from the applicable copyright owner.
19. CONTENT GUIDELINES.
GutsyHome reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that Users or any other users post on any GutsyHome owned or operated websites or apps if GutsyHome determines (in its sole discretion) that such Content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.).
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this website and/or app.
- Statements that are or appear to be false.
- Comments that disparage GutsyHome.
- With respect to Ratings and Reviews of Vendors, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Vendor.
- Information not related to work requested in the Request.
- If a dispute arises between a User and Vendor, the rating submitted may be held in pending status until resolution is reached. Users represent and warrant that any Rating and Review provided by Users, is accurate and truthful, and that User’s will only provide a Rating and Review for a service provider that has performed services for Users pursuant to User’s applicable Request.
20. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the GutsyHome server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission by GutsyHome. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the GutsyHome platform or apps or any other GutsyHome owned, operated, licensed or controlled site. Elements of the GutsyHome platform or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any GutsyHome web Site may be copied or retransmitted unless expressly permitted by GutsyHome. GutsyHome AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GutsyHome AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE GutsyHome WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GutsyHome AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
21. SERVICE PROVIDER PRE-SCREENING PROCEDURES AND DISCLAIMERS.
Unless otherwise noted on the screening tab of a service provider's profile page, GutsyHome.com will not provide pre-screening or screening services.
GUTSYHOME EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
23. RATINGS & REVIEWS ARE NOT ENDORSED BY GUTSYHOME.COM.
All Ratings and Reviews of a Service Provider displayed to Users reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of GutsyHome. GutsyHome disclaims any and all representations or warranties with regard to the Ratings and Reviews. GutsyHome does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
24. ARTICLES AND OTHER CONTENT.
GutsyHome may provide certain content or promote certain services relating to home improvement, repair, maintenance ("Articles"), insurance and protection on the GutsyHome or apps, and via mobile applications owned and operated by GutsyHome. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
25. LINKS TO THIRD PARTY SITES.
The links in the GutsyHome or apps will let you leave GutsyHome's Web site. The linked sites are not under the control of GutsyHome and GutsyHome is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. GutsyHome is not responsible for webcasting or any other form of transmission received from any linked site. GutsyHome is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GutsyHome of the site.
YOU, THE USER, AGREE TO INDEMNIFY GUTSYHOME, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE GUTSYHOME SERVICES, IN CONNECTION WITH THE GUTSYHOME WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROVIDER OR ANY USERS OF THE GUTSYHOME PLATFORM AND APPS , OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
27. GENERAL PROVISIONS.
You acknowledge and agree that the GutsyHome services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and GutsyHome's sole obligation to you or any third party for any claim arising out of your use of the GutsyHome services or the GutsyHome or apps, is that you are free to discontinue your use of the GutsyHome services or the GutsyHome or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GUTSYHOME EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT GUTSYHOME SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF GUTSYHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of GutsyHome's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of GutsyHome to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the GutsyHome services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely in the State of Florida and between Florida residents. You agree to submit to jurisdiction in Florida and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Miami Dade County, Florida. These Terms and Conditions constitute the entire agreement between you and GutsyHome and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.