Welcome to House of Assistance (“we,” “us,” “our,” or “Company”). By accessing or using the website https://houseofassistance.com (the “Site”) or our services (collectively, “Services”), you (the “User,” “you,” or “Client”) agree to be bound by these Terms & Conditions (the “Terms”). If you do not agree with any part of these Terms, you must not use the Site or Services.
1. Services Provided
1.1. We provide business support services, including but not limited to eBay dropshipping consulting, product research, listing optimization, automation, account management, and related services.
1.2. The scope, deliverables, timeline, and pricing for a particular engagement shall be defined in a separate proposal, statement of work, or agreement between you and us.
1.3. We reserve the right to refuse service to anyone for any reason at any time.
2. Eligibility
2.1. You must be at least 18 years old and legally capable of entering into binding contracts in your jurisdiction.
2.2. You represent and warrant that you will comply with all applicable laws and regulations in your use of the Site and Services.
3. Accounts, Registration & Security
3.1. In order to use certain features of the Site or Services, you may need to register an account and provide accurate, current, and complete information.
3.2. You are responsible for maintaining the confidentiality of your account credentials (e.g. username, password) and for all activities conducted under your account.
3.3. You agree to notify us immediately of any unauthorized use or security breach of your account.
3.4. We reserve the right to suspend or terminate any account at our discretion for violation of these Terms.
4. Payments, Fees & Refunds
4.1. Fees for Services will be set forth in the proposal or agreement you accept.
4.2. Payment terms (e.g. due dates, method, currency) will also be specified in the agreement.
4.3. All payments are non-refundable unless explicitly stated otherwise in writing.
4.4. If you fail to make timely payment, we may suspend or terminate Services, and you remain liable for all outstanding amounts.
4.5. We reserve the right to modify fees for future Services upon notice.
5. Client Obligations & Cooperation
5.1. You agree to provide us with all necessary information, access, materials, and cooperation to permit us to perform the Services in a timely manner.
5.2. You acknowledge that delays or failure to provide required input may delay or affect the outcome of Services, and we shall not be liable for such delays.
5.3. You represent and warrant that the content, products, processes, or data you submit to us do not infringe any third-party rights (intellectual property, privacy, contracts, etc.).
6. Intellectual Property
6.1. The Site, its design, text, graphics, software, and other content (the “Site Content”) are owned or licensed by us and are protected by U.S. and international copyright, trademark, and other intellectual property laws.
6.2. You may not reproduce, distribute, adapt, display, perform, or create derivative works from the Site Content except as permitted under these Terms or with our express written permission.
6.3. Unless otherwise agreed in writing, upon full payment of fees, we grant you a nonexclusive, nontransferable license to use deliverables created for you as part of the Services.
6.4. We reserve the right to showcase aggregate or anonymized results or case studies derived from our work in promotional materials, unless you specifically request us in writing not to do so.
7. Confidentiality
7.1. During the course of our engagement, either party may disclose to the other certain confidential or proprietary information (“Confidential Information”).
7.2. Each party agrees to keep such information confidential and use it solely for the purposes of performing its obligations under these Terms.
7.3. Confidentiality obligations do not apply to information that (a) is or becomes publicly known without breach; (b) is independently developed by the receiving party; or (c) is required to be disclosed by law or court order (after giving notice to the disclosing party where permitted).
8. Warranties & Disclaimers
8.1. You acknowledge that we make no guarantees or warranties with respect to any specific results (e.g. sales volume, ranking, revenue) from using our Services.
8.2. Our Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
8.3. We do not warrant that the Site or Services will be uninterrupted, error-free, or free of harmful components (viruses, malware).
8.4. You assume all risk arising from use of the Site and Services.
9. Limitations of Liability
9.1. To the maximum extent permitted by law, in no event shall we, our officers, employees, affiliates, agents, or contractors be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or business interruption, even if advised of the possibility of such damages.
9.2. Our total aggregate liability under or relating to these Terms or the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount of fees you have paid us in the six (6) months preceding the event giving rise to the claim.
9.3. Some jurisdictions (including some U.S. states) may not allow exclusion or limitation of certain damages, so some portions of the above limitations may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless us, our affiliates, officers, employees, agents, and contractors from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms; (b) your violation of any law or third-party rights; (c) your use of the Services; or (d) content you provide.
11. Termination
11.1. Either party may terminate the engagement or your account upon written notice if the other party materially breaches these Terms and fails to cure within thirty (30) days.
11.2. We may suspend or terminate your access immediately if we believe you have violated these Terms or engaged in fraudulent or unlawful behavior.
11.3. Upon termination, you shall pay for all Services rendered up to the date of termination.
11.4. Sections regarding Intellectual Property, Confidentiality, Indemnification, Limitations, and others intended to survive termination shall do so.
12. Governing Law & Venue
These Terms and any disputes or claims arising out of or relating to them or the Services shall be governed by and construed under the laws of the State of California (USA), without regard to its conflict of law provisions. You agree that the state or federal courts located in Santa Clara County, California, shall have exclusive jurisdiction and venue over any disputes.
13. Dispute Resolution & Arbitration (Optional)
If you wish, you may include an arbitration clause, alternative dispute resolution, class action waiver, etc. (If you’d like help drafting that, I can assist.)
14. Modifications
We reserve the right to modify or update these Terms at any time in our discretion. We will post the revised Terms on the Site with a new “last updated” date. Your continued use of the Services after modifications constitutes acceptance of the updated Terms.
15. Notices
15.1. All notices under these Terms shall be in writing and delivered to the other party’s contact address (by email or postal address as provided).
15.2. Notices to you may be sent by email or posted on the Site. Notices to us shall be sent to our address as given on the Site.
16. Miscellaneous
16.1. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
16.2. Waiver. The failure of either party to enforce any right or provision shall not constitute a waiver of that right or provision.
16.3. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor or affiliate.
16.4. Entire Agreement. These Terms (together with any proposal/agreement) constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter.