Terms of Service

These Terms of Service (“Terms”) are a contract between you and NearHand LLC (“NearHand,” “we,” “us”), governing your use of the NearHand website, mobile experience, and related services (the “Platform”) at nearhand.biz.

NearHand connects homeowners (“Customers”) with independent local service businesses (“Providers”) across Painting, Gutter Cleaning, Junk Removal, Power Washing, and Pest & Mosquito Control. NearHand is a marketplace and technology provider — not a party to any service agreement between a Customer and a Provider, and does not itself perform home-service work.

By creating an account, submitting a quote request, booking a job, or otherwise using the Platform, you agree to these Terms.

You must be at least 18 years old and able to form a binding contract to use the Platform. Providers additionally represent that they hold any licenses, permits, registrations, and insurance required to lawfully perform the trade services they offer in their service areas.

• Providers are independent contractors and independent businesses, not employees, agents, joint venturers, or franchisees of NearHand.
• Providers pay a flat monthly membership fee, billed via Stripe, for access to the Platform, job request routing, scheduling, and communications tools.
• NearHand does not take a percentage of job proceeds, charge per-lead fees, or process direct payments between Customers and Providers for trade services rendered.
• Providers retain complete discretion over their own pricing, scheduling availability, scope of work, and service delivery.
• Providers are solely responsible for the quality, safety, legality, pricing, and performance of their services, and for their own tax, insurance, and licensing compliance.
• NearHand may suspend or remove a Provider account for low customer satisfaction ratings, unresolved complaints, expired insurance or licensing, safety concerns, or violations of these Terms.

• Customers use the Platform to request quotes, schedule appointments, review estimates, and communicate with Providers.
• Any agreement for actual trade services, including final price, scope, scheduling, warranties, and payment terms, is strictly between the Customer and the matched Provider. NearHand is not responsible or liable for the performance, delays, or quality of that work.
• Customers agree to provide accurate, truthful contact and property information for quoting and scheduling purposes.

By providing your phone number on the Platform, you consent to receive calls and text messages (SMS/MMS) from NearHand and/or the Provider(s) you are matched with, including automated booking confirmations, scheduling reminders, quote updates, and customer support messages. Message and data rates may apply. You may reply STOP to any text message at any time to opt out of SMS communications. See our Privacy Policy and TCPA messaging guidelines for additional details.

• Provider membership fees are billed monthly in advance via Stripe and are non-refundable for the active billing cycle except as required by applicable law.
• Providers may cancel their membership at any time through account settings or by contacting hello@nearhand.biz. Cancellation takes effect at the end of the current paid billing period, and access continues through that date.
• NearHand may adjust membership fees upon at least 30 days' advance written notice. Continued use of the Platform after the effective date of a fee change constitutes agreement to the updated fee.

The Platform is provided “as is” and “as available” without warranties of any kind, express or implied. NearHand expressly disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement. NearHand does not guarantee the quality, timeliness, safety, or legality of services delivered by Providers, the accuracy of user-submitted listings, or that Platform access will be uninterrupted or error-free.

To the maximum extent permitted by law, NearHand's total cumulative liability arising out of or relating to these Terms or the Platform will not exceed the greater of (a) the total amount you paid to NearHand in the twelve (12) months immediately preceding the claim, or (b) $100. In no event shall NearHand be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or business opportunities.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and participate in a class action.

a. Informal resolution first. Before initiating formal legal proceedings, contact hello@nearhand.biz with a brief written description of the dispute. You and NearHand agree to make good-faith efforts to resolve it informally for at least thirty (30) days.

b. Agreement to arbitrate. If informal resolution does not succeed, any dispute, claim, or controversy arising from these Terms or the Platform will be resolved by binding individual arbitration rather than in a court of general jurisdiction, except as provided below.

c. Administration and rules.

• Administrator: The American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.
• Location: Suffolk County, New York, another mutually agreed venue, or, at either party's option, by telephone or videoconference.
• Governing law: The Federal Arbitration Act governs this arbitration agreement; New York law otherwise governs these Terms.
• Fees: AAA Consumer Arbitration Rules govern filing, administration, and arbitrator fees. For non-frivolous individual claims under $10,000, NearHand will cover standard AAA filing and administrative fees.

d. Class action waiver. You and NearHand agree that each may bring claims only in an individual capacity, not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims.

e. Exceptions. Either party may bring an individual action in a court of competent jurisdiction. Either may seek injunctive or equitable relief in court to prevent actual or threatened intellectual-property infringement or unauthorized Platform access.

f. 30-day opt-out right. You may opt out of this arbitration agreement by emailing hello@nearhand.biz with the subject “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms. Opting out does not affect other provisions.

g. Severability. If the class action waiver is unenforceable for a specific claim, only that claim will be severed and proceed in court; all remaining claims continue in binding arbitration.

We may modify these Terms at any time. We will update the “Last updated” date, and material changes will be communicated on the Platform or by email. Continued use after updated Terms are posted constitutes acceptance.

Except as governed by the Federal Arbitration Act regarding arbitration, these Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

For questions about these Terms or to exercise an opt-out:
NearHand LLC
Email: hello@nearhand.biz
Website: nearhand.biz