Terms & Conditions of Sale

MEMBERSHIP SUBSCRIPTION AGREEMENT

This Membership Subscription Agreement (“Agreement”), is between MAYNT, LLC, a Georgia Limited Liability Corporation (“MAYNT”) with its office at 1002 Fairway Valley Dr., Woodstock, GA  30189, and Member (together with MAYNT, the “Parties” and each a “Party”).

Whereas MAYNT has the capability and capacity to provide ongoing home maintenance services at the Residence (“Subscription Services”) and Member desires to retain MAYNT to perform said services, MAYNT is willing to perform the services subject to the terms and conditions herein set forth:

  1. Services: MAYNT shall provide to Member ongoing Subscription Services as set forth in the Statement of Services (attached hereto as Exhibit A) at the Residence.
  2. Term: This Agreement shall commence as of the Effective Date and shall continue for one year (the “Subscription Period”), unless sooner terminated pursuant to Section 6 herein. Thereafter, this agreement will continue on a month-to-month basis. MAYNT will notify Member at the end of the initial one-year engagement in the event Member elects not to move forward on a month-to-month basis thereafter.
  3. Fees: Member agrees to pay monthly or annually for the Subscription Period per the listed price online at www.MAYNT.com. Payment for any On-Demand services is due upon completion of the service(s) rendered. MAYNT reserves the right to adjust fees. MAYNT reserves the right to bill for material costs incurred at the direction of Member on the purchase date, rather than on the service date.
  4. Limited Warranty: MAYNT warrants that it shall perform the Subscription Services using personnel of commercially reasonable skill, experience, and qualifications, and shall perform work in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. MAYNT’s sole and exclusive liability and Member’s sole and exclusive remedy for breach of this warranty shall be as follows:
  5. MAYNT shall use reasonable commercial efforts to promptly cure any such breach; provided that, if MAYNT cannot cure such breach within a reasonable time after Member’s written Notice of such breach, Member may terminate the Agreement by serving written Notice of termination.
  6. In the event the Agreement is terminated pursuant to Section 4(a), MAYNT shall within 30 days after the date of termination, refund to Member any Fees paid by Member as of the date of termination for the Subscription Services, less a deduction equal to the Fees of Subscription Services up to and including the date of termination.
  7. The foregoing remedy shall not be available unless Member provides written notice of breach within 30 days after performance of such Subscription Services.

MAYNT MAKES NO WARRANTIES EXCEPT AS PROVIDED ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

  1. Limitation of Liability: IN NO EVENT SHALL MAYNT BE LIABLE TO MEMBER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT MAYNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MAYNT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO MAYNT PURSUANT TO THIS AGREEMENT IN THE SIXTH (6TH MONTH) PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  2. Termination: Either Party may terminate this Agreement at any time, upon written Notice to the other Party. If Member terminates this Agreement at any date within Subscription Period (“Termination Date”) but returns as a Member prior to the end of the original Subscription Period (“Return Date”), Member will be billed for every month lapsed between the Termination Date and the Return Date.
  3. Notice: A notice is effective only upon receipt by the receiving Party at the addresses contained herein. Notice may also be made to MAYNT by email to: info@myMAYNT.com
  4. Waiver: No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving.
  5. Amendment and Entirety: This Agreement may be amended, modified, or superseded only by written instrument executed by each Party. This Agreement sets forth the entire agreement and understanding of the Parties with respect to the transactions contemplated hereby and supersedes all prior agreements, arrangements, and understandings relating to the subject matter hereof.
  6. Force Majeure: MAYNT shall not be liable or responsible to Member, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of MAYNT including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, civil unrest, national emergency, strikes or other labor disputes, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
  7. Rights of Parties: This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
  8. Choice of Law: This Agreement all related matters arising hereunder are governed by and construed in accordance with the laws of the State of Georgia.
  9. Waiver of Jury Trial: EACH PARTY HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY SUIT, ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISION OF, OR BASED ON ANY MATTER ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT.
  10. Consent: Each party agrees that by Member paying for MAYNT services, they therefore consent to all terms of this Agreement and have the same force and effect as manual signatures.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the online submission date as recorded by the payment processing supplier, currently Stripe (the “Effective Date”) by their respective duly authorized persons.

Member:

[Electronic signature substituted by clicking the “I ACCEPT THE TERMS OF USE” box when purchasing MAYNT services]

MAYNT LLC

STATEMENT OF SERVICES

Members may purchase one of three Subscription Services including, Basic, Complete or Ultimate. Outlined below is a summary of services for each of Maintenance and Concierge, which together make up Both.

Maintenance Services: During a membership year, Maintenance Members are entitled to one (1) MAYNT visit (Basic service), three (3) MAYNT visits (Complete service) or four (4) MAYNT visits with the maximum man-hours per visit listed below.  Appointments requiring more than three man-hours are subject to a charge of $75 per additional man-hour, during which MAYNT technicians will complete the below services:

ALL MAYNT SERVICES ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE MEMBER SUBSCRIPTION AGREEMENT.

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