REDLIGHT

Terms of service

Plow Town REDLIGHT Subscription - Terms of Service (TOS)

Effective Date: 10/18/2024

Preamble

These Terms of Service ("TOS") are established by Plow Town, located in Fairbanks, Alaska. By subscribing to the REDLIGHT subscription services ("Services"), the Subscriber unequivocally acknowledges and agrees to the provisions laid forth herein. The TOS is intended to ensure clarity, trust, and mutual understanding between Plow Town and its Subscribers.

1. Definitions:

  • “Subscriber” refers to any individual, company, or entity that has duly registered for and is availing of the Services.

  • “Service” or “Services” pertains to specific packages under the REDLIGHT subscription category that the Subscriber has duly contracted.

  • “Party” refers to either Plow Town or the Subscriber, and “Parties” refers to both Plow Town and the Subscriber collectively.

  • "WAIVED SERVICE FEE" refers to the dispatch/service fee waived for each call during the subscription period.

  • "HOURLY RATE" applies for services rendered after the first complimentary service hour.

  • “Active Client” refers to a Subscriber who has purchased services within the last ninety (90) days or has an active subscription (whichever is more recent).

2. Service Descriptions:

  • REDLIGHT BASIC: This caters to users seeking routine plowing for standard terrains and infrastructures, such as small driveways, private roads, and small parking lots. It is not designed for more intricate landscapes or larger-scale plowing tasks.

    • SUBSCRIPTION COST: $360/month OR $2160/year

    • WAIVED SERVICE FEE: $120 per call (after 4 included hours)

    • HOURLY RATE: $60/hour

  • REDLIGHT PREMIUM: A specialized service curated for properties demanding a more intricate approach. This includes areas with steep gradients, extensive driveways, multiple access points, significant obstructions, and large parking lots.

    • SUBSCRIPTION COST: $600/month OR $3600/year

    • WAIVED SERVICE FEE: $200 per call

    • HOURLY RATE: $100/hour

  • REDLIGHT WALKWAY: This ensures clear, safe walkways by addressing snow removal on pedestrian surfaces like porches, sidewalks, and public access zones.

    • SUBSCRIPTION COST: $100/month OR $500/year

    • WAIVED SERVICE FEE: $50 per call

    • HOURLY RATE: $30/hour

  • REDLIGHT ROOF: A preventive and maintenance service aimed at preventing heavy snow accumulation on various roofing structures.

    • SUBSCRIPTION COST: $100/month OR $500/year

    • WAIVED SERVICE FEE: $50 per call

    • HOURLY RATE: $30/hour

3. Service & Inclusion Provisions:

The Services provided under this TOS, their respective scope, deliverables, and inclusions, are enumerated in the initial brief given to the Subscriber at the commencement of this agreement. Service costs are billed either monthly or annually, with the first hour of each service being free, and subsequent hours charged as per the plan's rate. Subscribers are entitled to the specific perks associated with their subscription level. Timeliness of service is contingent on weather conditions, Acts of God, Plow Town Equipment functionality, property accessibility, and other unforeseeable events.

4. Customer Obligations:

Subscribers must ensure Plow Town's unobstructed access to the designated areas for service delivery. Notification of specific requirements, hindrances, or obstructions must be communicated via call, text, email, or formal letter to Plow Town prior to service delivery.

  • In situations where snow accumulation surpasses 2FT before enrolling in the REDLIGHT BASIC or REDLIGHT PREMIUM services, the initial service fee will apply.

  • In situations where snow accumulation surpasses 1FT before enrolling in the REDLIGHT WALKWAY or REDLIGHT ROOF services, the initial service fee will apply.

Subscribers are responsible for acquiring and maintaining any necessary permissions or licenses for Plow Town to provide Services on their property. Emergency services, defined as those requested with less than 4 hours notice, are available to our Subscribers. It's imperative to note that an emergency service fee will be levied for each individual emergency request. Additionally, in circumstances leading to service delays or disruptions, Subscribers will be duly informed through a mass text message system, email distribution, or both, depending on the contact details provided by the Subscriber.

5. Contingencies:

Acts of God, extreme weather events, natural disasters, strikes, governmental actions, equipment failures, or any unforeseen circumstances beyond Plow Town's control may result in delays or disruptions in service delivery. Under such circumstances:

  • Neither Party shall be liable for any failure or delay in performing their obligations under this TOS.

  • Both Parties agree to communicate promptly and make reasonable efforts to fulfill their obligations as soon as possible.

  • Plow Town may subcontract other individuals/companies to complete required services to prevent service disruption.

  • Subscribers will be kept informed of any rescheduling or reallocation of services.

  • If a new schedule or service change is not suitable for the Subscriber, the Subscriber retains the right to request a full refund for services paid.

6. Liability and Indemnification:

Liability Limitations:

Plow Town shall not be liable for indirect, incidental, consequential, or punitive damages arising out of or related to the Services provided. The total liability of Plow Town for any claim related to the Services shall not exceed the total amount paid by the Subscriber for those Services.

Indemnification:

The Client agrees to indemnify and hold harmless Plow Town, its agents, contractors, and employees from any claims, damages, or expenses arising from the Client's negligence or willful misconduct.

Insurance Disclaimer:

As of the effective date, Plow Town is not currently insured or bonded. Clients acknowledge and accept the inherent risks associated with our services. Plow Town is actively seeking appropriate insurance coverage to better protect both parties. By purchasing Plow Town’s services, the Client acknowledges and accepts inherent risks linked to winter maintenance and snow plowing, including possible unexpected property damage. All liability claims against Parties shall be limited to the total financial cost of services provided per order.

Release of Liability:

Plow Town shall exercise reasonable care in performing Services. The Client hereby releases and holds Plow Town harmless from any liability arising from incidental damages occurring during service operations on the serviced property, including but not limited to: snow-covered objects/items, landscape disturbances, underground utilities, minor contact with vehicles and/or non-residential structures.

Pre-existing Conditions:

Plow Town shall not be held accountable for any pre-existing structural or foundational problems on the Client’s property that may manifest or be exacerbated due to plowing or other snow removal-related activities. If a Client attempts to hold Plow Town liable for such pre-existing damages, Plow Town will immediately seek criminal proceedings subject to Section 11 of this agreement.

Damage Rectification:

In the event of any unintentional damage caused directly as a result of our services, Plow Town commits to undertaking all reasonable efforts to rectify and amend such damages. Plow Town emphasizes its commitment to maintaining well-trained staff, state-of-the-art equipment, and upholding the highest standards of professionalism to minimize these risks.

7. Payment & Financial Terms:

Payments are due as stipulated in the chosen Service package — monthly or annually. Plow Town reserves the right to suspend Services for any delay in payment exceeding seven (7) days from the due date. Any charges associated with certain payment methods will be borne by the Subscriber.

Subscribers will be duly informed of impending payments either through electronic mail (email) or through traditional mailed invoices, as per the contact preferences chosen by the Subscriber during the initial subscription process or any subsequent updates thereto.

No pro-rated refunds shall be issued for early cancellations initiated by the Subscriber. Any additional services requested outside of the subscribed package will be billed separately, and payment will be due as per invoice terms.

8. Termination:

Right to Terminate:

Plow Town reserves the unequivocal right to conclude this agreement at its sole discretion at any time, for any reason.

Termination by Plow Town:

Plow Town may terminate this agreement with immediate effect upon written or digital notice if the Subscriber:

  1. Fails to make payment within thirty (30) days of the due date,

  2. Breaches any term or condition of this TOS, or

  3. Is adjudicated bankrupt.

Termination by Client:

Clients may terminate the agreement with thirty (30) days written notice, subject to any penalties or fees for early termination as specified in the service agreement. If Plow Town fails to perform the agreed-upon services without a valid reason, the Client may terminate the agreement without penalty and request a full refund.

Upon Termination:

Plow Town shall cease all Services and shall be entitled to compensation for Services rendered up to the date of termination. Any prepaid amounts for services not rendered will be refunded to the Client.

9. Amendments:

Modification Rights:

Plow Town reserves the right to modify this TOS at any time. Such modifications will be communicated to active Subscribers at least thirty (30) days prior to becoming effective. Active Clients will be notified via email, phone, SMS, or mailed invoices.

Continued use of Services after the effective date constitutes acceptance of the amended TOS. If no official communication is sent to active Clients after a change to the TOS, the previous TOS shall remain legally binding until the new TOS is explicitly delivered to active Clients.

Right to Reject Changes:

Existing (active) Clients have the right to reject changes to the TOS within thirty (30) days after receiving notice of the changes (via email or certified mail).

If rejected, their effective TOS will automatically revert to the previously agreed TOS for a maximum of six (6) months. During this period, the Client must resolve or challenge the updated TOS issues with Plow Town individually; otherwise, the Client will automatically agree to the most recent published TOS after the six (6) month period.

10. Confidentiality Clause:

All personal, proprietary, or otherwise sensitive data shared with or by Plow Town shall be treated with the utmost confidentiality. Plow Town shall not disclose, disseminate, or share such information without express permission from the Subscriber, barring legally mandated disclosures. This commitment is pivotal in upholding the trust and privacy of our esteemed clientele.

11. Arbitration Clause:

Dispute Resolution:

In the event of any disputes or disagreements arising from or relating to this TOS or the Services provided, the Parties agree to first attempt to resolve the dispute through amicable good-faith discussions to reach a mutual resolution. If left unresolved, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Fairbanks, Alaska, and the decision shall be final and binding.

FOR CIVIL MATTERS:

Both the Client and Plow Town agree to resolve all civil disputes through binding arbitration, thereby waiving the right to initiate legal proceedings in any civil jurisdiction. Decisions rendered through arbitration shall be final and binding on both Parties.

However, disputes related to the Client's non-payment or excessive debt, where Plow Town has provided evidence of such issues for over ninety (90) days, shall be exempt from arbitration and may be pursued by Plow Town through civil legal proceedings.

In cases of non-payment, the Client expressly agrees not to file a Notice of Completion with the State of Alaska for services rendered by Plow Town during the period of arrears. If the Client files a Notice of Completion contrary to this agreement, Plow Town reserves the right to reclaim all costs for services and products provided since the beginning of the client/business relationship.

12. Governing Law & Jurisdiction:

This TOS shall be governed by, and construed in accordance with, the laws of the State of Alaska. Any disputes arising shall undergo an agreed-upon mediation process. If unresolved, civil disputes shall be subject to the exclusive jurisdiction of courts located within the State of Alaska.

13. Waiver:

The waiver by either Party of a breach, default, delay, or omission of any provisions of the TOS by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. Such waiver to be valid shall be in writing and duly signed by the waiving Party.

14. Contact Information:

For any concerns, queries, or clarifications regarding this TOS, Parties may contact Plow Town at contact@plowtown.co.

15: Severability

If any provision of this TOS is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

16. Entire Agreement:

This TOS, along with any schedules, appendices, or exhibits, constitutes the entire agreement between the Parties and supersedes any prior understandings, written or oral, relating to the subject matter of this TOS. Any changes or modifications to this agreement, outside of the Amendments clause, need to be in writing and signed by both Parties to be valid.

By contracting for Plow Town’s REDLIGHT Services, the Subscriber acknowledges having read, comprehended, and consented to all the aforementioned terms and conditions.