Terms of Agreement
Last Updated: November 19th, 2024
1. Contractual Relationship
The following terms of use (the “Terms”) constitutes a legally binding agreement between you (also referred to as the “Clients”) and The To-Do Dudes, LLC (“The To-Do Dudes”). These Terms govern your access to and /or use of (i) The To-Do Dudes websites at https://thetododudes.com and book.thetododudes.com, (collectively the “Websites”), (ii) The To-Do Dudes mobile applications, and (iii) The To-Do Dudes telephone ordering service (collectively, the Websites, The To-Do Dudes Apps, and the telephone service) are referred to herein as “The To-Do Dudes Platforms.” These Terms also govern any services that you may receive through The To-Do Dudes Platforms, including, but not limited to, any services that you may receive from the To-Do Dudes, its subsidiaries, or affiliates, or the Third-Party Providers (defined below).
1.1 Accepting these Terms
By accessing or using The To-Do Dudes Platforms, including, without limitation, by using the The To-Do Dudes Platforms or placing an order for Services online or via telephone, you agree to be bound by these Terms, including, but not limited to, provisions that govern any claim you may have for property damages, and provisions that limit The To-Do Dude’s liability. If you do not agree to these Terms, you may not use the The To-Do Dudes Platforms or receive any Services.
1.2 Modifications to Terms
The To-Do Dudes reserves the right to change these Terms at any time. However, if The To-Do Dudes makes changes to the Terms, The To-Do Dudes will notify you by revising the “Last Updated” date at the top of this document. In some cases, The To-Do Dudes may also provide you with additional notice (such as adding a statement to The To-Do Dudes homepage or sending you an email notification). The To-Do Dudes encourages you to review these Terms periodically to stay informed about The To-Do Dudes practices, and you should always review these Terms before placing any order for Services.
Unless The To-Do Dudes notifies you otherwise, whenever The To-Do Dudes makes changes to these Terms, they will be effective when the revised Terms are posted online or otherwise provided for your review. If you continue to use any The To-Do Dudes Platform after the revised Terms have been posted or otherwise provided for your review, including, but not limited to, by placing an order for Services with The To-Do Dudes, you will be deemed to have accepted the changes to these Terms and will be bound by the revised Terms.
In the event that you have placed an order for Services prior to the effective date of a change to these Terms, your order will be bound by the Terms in effect on the date that you placed an order for Services.
2. The Platform
2.1 About The To-Do Dudes and Company’s Services
The Platform is an online web- and app-based two-sided marketplace facilitated through technology and communication which enables connections between Clients and Dudes. “Clients” are individuals and/or businesses seeking to obtain services, and “Dudes” are individuals seeking to perform tasks for Clients.
The To-Do Dudes acts as the broker between the Clients of The To-Do Dudes Platform and the Dude(s) providing the Services. By using The To-Do Dudes Services, you acknowledge and agree that when The To-Do Dudes arranges for a Provider to perform services, The To-Do Dudes is acting in its capacity as a broker or booking agent. You further acknowledge that you obtain all Services from the Providers at your own risk.
2.2 License.
Subject to your compliance with these Terms, The To-Do Dudes grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use The To-Do Dudes Platforms solely for their intended purposes, including, without limitation, to place orders for Services.
2.3 Restrictions.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the The To-Do Dudes Platforms; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any Platform or part thereof except as expressly permitted by The To-Do Dudes; (iii) decompile, reverse engineer, or disassemble any of the Websites, any App of The To-Do Dudes , or any other Platform unless otherwise permitted by applicable law; (iv) link to, mirror, or frame any portion of any of the Websites, The To-Do Dudes Apps, or any other The To-Do Dudes Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of The To-Do Dudes Platforms or unduly burdening or hindering the operation and/or functionality of any aspect of The To-Do Dudes Platforms; or (vi) attempt to gain unauthorized access to or impair any aspect of The To-Do Dudes Platforms or its related systems or networks. You may only access The To-Do Dudes Platforms through the interfaces that The To-Do Dudes provides for that purpose; (vii) reaching out to Third Party Providers directly with the intention of scheduling outside of the Platform.
3. YOUR USE OF THE TO-DO DUDES PLATFORMS
3.1 Registration & Ordering Services.
To place an order for Services, you must be at least 18 years of age to create an account or sign in as a guest. When signing up, your first name, last name, phone number, email address, billing address, and a valid credit or debit card will be required. When scheduling, you authorize The To-Do Dudes to place a hold on the amount of the estimated amount immediately after you place your order for Services. If at any time you would like to close your account and/or delete the information we have on file out of our system, please email info@thetododudes.com with your request.
3.2 Pricing.
At The To-Do Dudes, all primary service offerings will be scheduled in fixed time blocks. Services will be booked in 2, 4, 6, or 8-hour blocks, and you will be billed for the full duration of the selected block. A two-hour minimum is required for all services. If your primary task is completed before the scheduled time ends, additional tasks can be completed during the remaining time. Simply provide a list of any extra jobs, and we’ll maximize the time you've booked. The Company does not provide project quotes, as the estimated time needed for completion can be difficult to predict.
Although unlikely, if the team works beyond the booked time, any additional time will be billed in 15 minute increments, rounded up to the nearest quarter hour.
In some cases, a project may involve travel between locations during the scheduled block. If the job requires travel outside of our service area, an “out of area” charge or additional driving time charges, agreed upon before the job begins, may apply.
For the most up-to-date pricing, visit https://www.thetododudes.com/services.
3.3 Scheduling, Rescheduling and Delays.
Scheduling:
Scheduling with The To-Do Dudes can be completed in three ways:
1. Online Scheduling via book.thetododudes.com, which automatically schedules your appointment on our calendar.
2. Booking through the To-Do Dudes app, available on the Apple App Store and Google Play Store.
3. By phone at (386) 597-0722, where the same information required for online scheduling will be collected. By scheduling over the phone, you agree to be bound by these Terms.
Rescheduling and Cancellations:
To cancel or reschedule an appointment, you may use your To-Do Dudes app account, email info@thetododudes.com, or call/text (386) 597-0722 with the specific appointment details. Upon receipt of your request, The To-Do Dudes will process it and send a confirmation email and/or text. Cancellations made more than 24 hours prior to the scheduled appointment will not incur a cancellation fee, as outlined in item 3.4 of the Cancellation Policy.
Delays:
Unforeseen delays, including but not limited to severe weather, traffic, or other uncontrollable events, may occur. In the case of severe weather (e.g., lightning, thunderstorms) causing a work stoppage, billing will pause during the delay. If the job is rained out immediately upon arrival and cannot proceed, a one-hour charge will apply for failure to cancel within one hour of the scheduled time.
If a delay occurs due to weather or other uncontrollable circumstances, billing time will pause. In these situations, billing will resume in 30-minute increments based on the delay. For example, if there is a 30-minute delay during a job scheduled for 2 hours, the total billable time will be reduced to 1.5 hours.
3.4 Cancellation Policy.
You may change or cancel an order for Services at any time, including changing the reservation date and/or starting location. However, order modifications and cancellations are subject to The To-Do Dudes cancellation policies, which are currently posted at https://www.thetododudes.com/faq-service-questions. All changes to an order will continue to be governed by these Terms, and you acknowledge and agree to such Terms by placing a change or cancellation request.
When cancelling outside of 24 hours, no cancellation fee will be enforced. To ensure a cancellation fee is not charged: simply call, text, or email over 24 hours before the scheduled appointment.
If cancelling within 24 hours due to weather, we understand that unexpected things happen, and that severe weather can seriously impact a customer's project plans. In cases of severe weather, defined as a "Warning" level or higher by the National Weather Service, customers may reschedule a job up to 1 hour before the job start time without any penalties or fees.
3.5 User Accounts.
You are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account number provided by or given to you to access the Platform; and (b) all activities that occur under your password or account, even if not authorized by you. The To-Do Dudes has no control over any User’s account. You agree to notify The To-Do Dudes immediately if you suspect any unauthorized party may be using your Platform password or account or any other breach of security.
3.6 Text Messaging, E-Mails, and Phone Calls.
As part of the Services, you may receive communications through the Services, including messages that the To-Do Dudes sends you (for example, via email, SMS, or push notifications). By signing up for the Services and providing us with your wireless number, you confirm that you want the To-Do Dudes to send you information regarding your account or transactions with us. You agree to receive communications from the To-Do Dudes, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from the To-Do Dudes. You may opt-out of receiving communications by emailing a request to opt-out to info@thetododudes.com. However, opting out of all communications may impact your receipt of the Services.
3.7 User Submissions.
By submitting any content, including but not limited to messages, information, data text, images, videos or any other materials ("Content"), to The To-Do Dudes through our platform, you grant The To-Do Dudes a royalty-free, perpetual, irrevocable, non-exclusive, fully paid, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide, or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation, and to grant and authorize sublicenses thereof. You expressly consent to The To-Do Dudes using your Content for promotional and marketing purposes, including use on our website, social media channels, advertising materials, and other marketing platforms. By submitting any Content, you affirm, represent, and warrant that you own or have the necessary rights to grant this license to The To-Do Dudes and that your Content does not infringe on any third-party rights.
Please note that this clause applies only to the content you submit and does not pertain to your payment or card information, which is handled separately and further defined in our Privacy Policy.
4. PAYMENT & OFFERS
4.1 Payment.
Upon fulfillment of the Services, The To-Do Dudes will send you an email containing the final invoice amount ("Charges"). You will have a 24-hour period to review the invoice before authorizing The To-Do Dudes to charge the credit or debit card provided at the time of placing your order for Services. All Charges paid by you are final and non-refundable, unless otherwise determined by The To-Do Dudes. In the event of a declined payment, you authorize The To-Do Dudes to use a secondary payment method provided by you, if applicable. If The To-Do Dudes initiates legal action to enforce payment of the Charges, you agree to reimburse The To-Do Dudes for reasonable costs and attorneys’ fees incurred.
You acknowledge and agree that Payments made to The To-Do Dudes are intended to fully compensate each Provider for the Services they render. Therefore, your payment to The To-Do Dudes is equivalent to making payment directly to the Providers. Except for discretionary tips or gratuities, you agree not to make any direct payments to individuals other than The To-Do Dudes for Services ordered and received through the The To-Do Dudes Platforms. Any direct payment to a Provider does not absolve you of responsibility for paying the full amount of Charges billed by The To-Do Dudes
4.2 Referral Program.
You may earn credits by referring new Clients to The To-Do Dudes through our mobile app. To qualify for referral credits, both you and the new Client must download the app. The new Client must use your unique referral code, available within the app, when placing their first order. Only one referral code or link can be used per new Client when booking their first service. Credits will be applied to your account once the new Client has successfully paid for their first service. The amount and value of each credit are determined by the then-current promotion. The To-Do Dudes reserves the right to modify, suspend, or terminate the referral program or your participation at any time.
5. PRIVACY AND DATA USE
By using The To-Do Dudes Platforms, you agree to the Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
6. PLATFORM ELIGIBILITY
By using the The To-Do Dudes Platforms and/or requesting the Services, you expressly represent and warrant that you are legally entitled to enter this agreement and that (1) you are at least 18 years old; (2) you reside in the United States or any of its territories; (3) **you have carefully read and understand these Terms; (4) to the extent you are requesting job related services, you have been advised that you should consider obtaining insurance to protect you from loss or damage to your personal property items;** and (5) you have the right, authority, and capacity to enter into this agreement. You further represent and warrant that you will abide by the Terms hereof; your participation in using the The To-Do Dudes Platforms and/or requesting Services is for your own personal use; and you will comply with all applicable laws.
7. COMPLIANCE WITH APPLICABLE LAWS
By using the The To-Do Dudes Platforms and/or requesting Services, you agree that (1) you will only use The To-Do Dudes Platforms and/or request Services for lawful purposes; (2) you will not use The To-Do Dudes Platforms and/or request Services for sending or storing any unlawful material or for fraudulent purposes; (3) you will not use The To-Do Dudes Platforms and/or request Services to cause nuisance, annoyance, or inconvenience; (4) you will not impair the proper operation of the network; (5) you will not try to harm The To-Do Dudes or The To-Do Dudes Platforms and/or impair the performance of the Services in any way whatsoever; (6) you will not copy or distribute The To-Do Dudes Platforms or other content without written permission from The To-Do Dudes.
8. PROHIBITED USES
You acknowledge and understand that, notwithstanding anything herein to the contrary, The To-Do Dudes has, and shall at all times retain, the right to refuse or cancel an order for Services at any time for any reason. The circumstances that may warrant a refusal or cancellation of Services, include, but are not limited to, the following circumstances:
Prohibited Property
The To-Do Dudes and/or the Third-Party Providers may refuse to provide or limit the Services and/or your order may be canceled if it is determined, in The To-Do Dudes and/or the Third-Party Providers’ sole discretion, that the property you have requested to be moved is prohibited by these Terms.
Dangerous, Hazardous, or Unsanitary Conditions
If the location where the Services are to be performed is either too dangerous, hazardous, or unsanitary, Services may be refused or canceled. For example, your order may be canceled or rescheduled if the location does not meet reasonable cleanliness standards and/or poses a potential health or safety risk (e.g., an unfinished attic, a hoarding scenario, the presence of animal or other human waste products, a flooded or recently flooded location, etc.).
Inclement Weather
In cases of inclement weather, you may be required to reschedule and/or delay your order for Services to another time, or the order may be canceled or refused without a cancellation fee. Inclement weather can include, but is not limited to, heavy rain, hail, lightning, and high winds.
Narrow Doorways, Hallways, or Stairs
The To-Do Dudes and/or the Third Party Providers may refuse to provide or limit the Services if it is determined, in The To-Do Dudes and/or the Third Party Providers’ sole discretion, that the property you have requested to be moved cannot be safely moved through a narrow doorway, hallway, or other passageway or cannot be safely moved up or down stairs. In the event that you require such Third-Party Providers to continue providing Services after being advised of the danger, you waive any right to receive any reimbursement for damages that may result.
Insufficient Moving Space
In the event that your property will not fit into a moving truck, pod, or other service vehicle, the Third-Party Providers may refuse to continue loading any additional property until such truck, pod, or other vehicle has been unloaded.
Unless otherwise provided herein, if your order is canceled or rescheduled based on the foregoing Terms or any other Term in this agreement, you will be subject to all applicable cancellation or rescheduling fees.
9. SUSPENSION AND TERMINATION
The To-Do Dudes may suspend or remove you from the To-Do Dudes Platforms at any time, and suspension or removal will be effective immediately upon delivery of such notice. If The To-Do Dudes suspends or removes you from the To-Do Dudes Platforms, you may not be entitled to rejoin. In addition to suspension or removal, The To-Do Dudes reserves the right to take appropriate legal action including, without limitation, pursuing civil, criminal, and injunctive relief. Even after your suspension or removal, the Terms of Use will remain enforceable against you.
10. LINKS TO THIRD PARTY WEBSITES
The Platform may contain links (such as hyperlinks, external websites framed by the Platform, which are maintained by parties over which The To-Do Dudes exercises no control).
Such links are provided for reference and convenience only; and do not constitute The To-Do Dudes’ endorsement, warranty or guarantee of, or association with, those websites, their content or their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access and use such third-party websites at your own risk.
The To-Do Dudes has no obligation to monitor, review, limit or remove links to third-party websites, but reserves the right to do so, at its sole discretion. The To-Do Dudes (a) expressly disclaims any responsibility or liability for any such third-party links or websites (including your access to or use thereof, and any products or services advertised or offered thereby, and any claims arising therefrom); and (b) is not and will not be a party to any transaction between you and any third-party providers of products or services.
You expressly relieve The To-Do Dudes from any and all liability arising from your access to and/or use of any third-party websites.
11. SEVERABILITY
If any of these terms shall be deemed invalid, void or, for any reason, unenforceable, that term shall be deemed severable and shall not affect the validity or enforceability of any remaining term.
12. ENTIRE AGREEMENT; JURISDICTION; ATTORNEY FEES.
These Terms constitute the entire agreement between you and us regarding this website and our Services. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding this website. No modification of these Terms will be effective unless we authorize it. The parties agree that the courts having jurisdiction in and for Flagler County, Florida shall have exclusive jurisdiction of disputes arising herefrom. In the event litigation is necessary to enforce or defend a right hereunder, the prevailing party to such litigation shall be entitled to an award of reasonable attorney fees and costs in addition to all other relief granted.