Terms and Conditions
Last updated: May 10th, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Esta website, Esta app and Esta Pro mobile application (the “Service”) operated by Esta Technologies Inc. (“us”, “we”, or “our”) otherwise called Esta.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Home Service Request on the Esta App
A User may use the Esta app to make a job request for any Home Services otherwise called (Job Request). A job request represents a singular request for home services. If a User requires assistance with multiple tasks, different job requests must be made. Any job request must have either pictures or videos of what needs fixing, the right job category, and a description of what needs to be fixed. A User can select up to 5 different professionals otherwise called “pros” for any project. It is the sole responsibility of the User before and after selecting a professional for any home services to ensure accurate information is provided, clarifications on the proposed job made, and to confirm the location of the project, all within the app, before any project is scheduled. We also encourage the User to exercise caution during and after chats, phone calls, or video calls with any professional.
The User may also check the profile of the professional, check ratings and reviews, video call, call or chat about the project all in the app. Once a Professional or Professionals responds to a job request with a “bid” (price for the project), the User can further discuss and select the pros best suited for the needs. Once an agreement on price, time, and location are made with a Professional regarding a job request, the User may add the cost of the job in-app while scheduling the job. Upon scheduling a job request, the Professional has the right to accept or decline the offer or time proposed for any home services. Once the job request is scheduled and confirmed, you agree to have made an offer towards your project, warrant to allow the Professional access to your premises to perform the home service, be present before, during, and after the scheduled job or have a designated representative present. Any job cancellation must be requested and confirmed at least 4-hours before the scheduled job directly with the Home Service Professional and vice-versa. If a Professional cancels a confirmed and scheduled job within the time guidelines, we will do our best to connect the user with an alternative to complete their project.
While all Home Service Professionals go through our registration process, Esta is not responsible for the conduct of any Professional. We DO NOT endorse ANY professional at any time for any Home Services, and you hereby release Esta and its licensors from any liabilities either direct or indirect, thereby will not be liable for any injury, claim or damage in connection to and with the use of the Esta Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service (Esta Pro Users) are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your subscription will automatically renew under the same conditions unless you cancel it or Esta Technologies Inc cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Esta Technologies Inc customer support team.
A valid payment method, including credit card, Apple Pay, Google Pay or PayPal, is required to process the payment for your Subscription. You shall provide Esta Technologies Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Esta Technologies Inc to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Esta Technologies Inc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Esta Technologies Inc may, at its sole discretion, offer a Subscription with a free trial to Esta Pro Users for a limited period (“Free Trial”).
You do not require to enter your billing information to sign up for the Free Trial. However, you may be required to setup your billing information to continue the service when the free trial ends. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Esta Technologies Inc until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Esta Technologies Inc reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Rates, Fees & Fee Changes
Esta-User-Professional Relationship. Esta is in no contractual agreement with Professionals for any job request on the platform. Rather, users contract directly with Professionals and not us, when a job is requested, confirmed, and scheduled. Our role is to facilitate a community based on trust and transparency.
Rates. Esta does not set the job rates at any time. Rather, Professionals, access the job request and bid on the project accordingly. We encourage Users to clarify the breakdown of the total cost of job requests to ascertain what it entails.
Fees. There are currently no hidden charges or royalties, or charges to Users for the use of the Esta platform except for payment processing fees. For service Professionals, an additional flat monthly fee applies for use of Esta services. Esta Technologies Inc, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Esta Technologies Inc will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Billing & Payment. Esta Does not collect or hold payment for any services. During the bidding process, the User and Professional must agree on the suitable method of payment. After home service is completed, the Professional may issue an invoice for the project.
Taxes. Esta holds applicable taxes resulting from the Professional’s subscription only. You acknowledge and agree that Esta Technologies Inc., each director, officers, or employees are not liable for tax compliance in any jurisdiction. You agree to defend, indemnify and hold harmless Esta Technologies Inc and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising from any claim from the Canada Revenue Agency.
Refunds. Certain refund requests for Subscriptions may be considered by Esta Technologies Inc on a case-by-case basis and granted at the sole discretion of Esta Technologies Inc.
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
Esta Technologies Inc has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of Esta Technologies Inc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Esta Technologies Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States, Canada, and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Esta Technologies Inc.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Esta Technologies Inc.
Esta Technologies Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Esta Technologies Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Esta Technologies Inc and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
In no event will Esta Technologies Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable to you or any third party for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits or business opportunities, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Esta Technologies Inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is necessary, we will provide at least 30 days’ notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.