The agreement between you and Zomg The Handyman when you use our website or book our services. Please read carefully.
These Terms of Service ("Terms") form a binding legal agreement between you ("Customer" or "you") and Zomg The Handyman TV Wall Mounting & Assembly Services LLC ("Zomg The Handyman", "we", "us", or "our"). By visiting zomgthehandyman.com (the "Site"), booking any service, or otherwise using anything we provide (collectively the "Services"), you agree to be bound by these Terms.
If you do not agree, you must not use the Site or Services. You confirm you are at least 18 years old, have the legal capacity to enter contracts, and are authorized to engage services at the property where work will be performed.
Zomg The Handyman provides home and commercial handyman services in the State of California, including but not limited to TV mounting, furniture assembly, drywall repair, ceiling fan installation, electrical work performed under our applicable licensure, plumbing repair, gazebo and pergola assembly, appliance installation, smart home setup, and general home repairs (collectively, the "Services").
Services are performed by Zomg The Handyman employees, W-2 staff, or vetted independent contractors operating under our brand. Where work requires a specific license (e.g., complex electrical or plumbing), the work will be performed by or supervised by an appropriately licensed professional.
You may book Services through the Site, by phone, by SMS, or by another method we provide. A booking is confirmed only after we send a written confirmation (email or SMS). All time estimates are approximate and may be affected by traffic, prior jobs, weather, or unforeseen on-site conditions.
You must provide accurate contact information, an accurate work address, and a description of the work that fairly represents the scope, condition of the worksite, and any access constraints. If you provide false or incomplete information you may be charged a trip fee, additional labor, or have your booking cancelled.
You are responsible for ensuring our technician has safe and legal access to the worksite at the scheduled time. If we cannot access the site, perform the work, or complete the booking due to issues outside our control (no answer, locked premises, blocked driveway, uncleaned worksite, dangerous conditions), we may charge a trip fee of $75 and reschedule.
Pricing is provided as either a flat-rate quote based on your description of the work, or hourly with a stated minimum. Final pricing may differ from the initial quote if the scope of work changes on-site (e.g., additional items, hidden damage, missing parts, unanticipated complexity). We will obtain your verbal or written approval before performing work beyond the initial quote.
Payment is due upon completion of the work unless otherwise agreed in writing. We accept major credit cards, debit cards, and other electronic payment methods. Cash payment may be available but is not preferred. Returned checks or chargebacks may incur a $35 fee plus collection costs.
For commercial customers and recurring services, net-15 terms may be available on credit-approved accounts. Past-due invoices accrue interest at 1.5% per month (18% APR) or the maximum rate allowed by California law, whichever is lower, plus reasonable collection and attorneys' fees.
Cancellation more than 24 hours before scheduled start: free, full refund of any deposit.
Cancellation within 24 hours of scheduled start: $49 late-cancellation fee.
No-shows or cancellation after technician arrival: $75 trip fee plus any labor and materials already invested.
Rescheduling more than 24 hours before scheduled start is free. Within 24 hours, rescheduling counts as a late cancellation.
Refunds for work completed are not provided merely because the customer changed their mind about an aesthetic or design choice that was approved before installation. If work was performed defectively, see Section 9 (Warranty).
You agree that the scope of work is what we expressly agreed to in writing or as confirmed at the start of the appointment. Additional work performed at your request is an addition to the original booking and is charged accordingly.
If you supply parts, materials, fixtures, or appliances for installation:
You agree to:
Unless we expressly agree otherwise in writing, we do not perform:
We reserve the right to refuse or stop any job at any time if conditions are unsafe, illegal, or beyond our scope. If we determine work is outside our scope upon arrival, you will be charged a trip fee only.
We warrant our labor and workmanship for thirty (30) days from the date of completion. If a defect in our workmanship arises within that period and is reported to us in writing, we will, at our sole option, redo the work or refund the labor portion of the invoice for the defective portion.
This warranty does not cover: (a) parts or materials supplied by the customer or any third party; (b) defects caused by misuse, alteration, abnormal wear, or damage after our work was completed; (c) failures of components we did not install or service; (d) cosmetic variations (paint matching, drywall texture matching, alignment within standard industry tolerances); or (e) any consequential or incidental damages.
This is the exclusive remedy available to you for defects in our workmanship.
EXCEPT AS EXPRESSLY STATED IN SECTION 9, THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ZOMG THE HANDYMAN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Site will be uninterrupted, error-free, or free of harmful components, that defects will be corrected, or that estimated time-to-arrival or duration estimates will be met. Photos and project examples on the Site illustrate typical work and are not promises of identical results.
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Zomg The Handyman, its members, officers, employees, agents, and independent contractors from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) any information you provided that was inaccurate, incomplete, or misleading; (c) your failure to obtain required permits, approvals, or authorizations; (d) any condition of the property you failed to disclose; (e) any third-party claim related to your property; or (f) your violation of any applicable law or third-party right.
PLEASE READ. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services — except for claims by us in small-claims court for amounts owed and for injunctive relief to protect our intellectual property — shall be resolved by binding individual arbitration administered by JAMS in Los Angeles, California, pursuant to JAMS Streamlined Arbitration Rules and Procedures then in effect. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. YOU AND ZOMG THE HANDYMAN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND 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 and may not preside over any form of class or representative proceeding.
Right to opt out. You may opt out of this arbitration provision by sending written notice to [email protected] within thirty (30) days of first agreeing to these Terms. Opting out does not affect other provisions of these Terms.
All content on the Site — including text, graphics, logos, mascot, photos, videos, schemas, and software — is owned by or licensed to Zomg The Handyman and is protected by U.S. and international intellectual-property laws. You may not copy, modify, distribute, sell, lease, or reverse-engineer any part of the Site without our prior written consent.
We may modify these Terms at any time by posting a revised version at this URL. The revised Terms apply to all bookings made after the new effective date. Continued use of the Site or Services after a change constitutes acceptance.
These Terms are governed by the laws of the State of California without regard to its conflict-of-laws principles. Except as otherwise provided in Section 13, any action permitted to be brought in court (rather than arbitration) shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect. These Terms, together with any written quote or signed work order, constitute the entire agreement between you and Zomg The Handyman concerning the Services and supersede all prior or contemporaneous communications.
Our failure to enforce any right or provision is not a waiver. You may not assign your rights under these Terms; we may assign ours.