Legal

Terms of Service

1. Who we are and what we do

LEGAL ENTITY AND STATE OF FORMATION TO CONFIRM operating as NoMowSnow ("NoMowSnow", "we", "us") provides an online marketplace that connects customers seeking lawn care, grounds maintenance, snow removal and related services with independent operators who offer those services.

Our role is limited to two functions:

• presenting your request to operators who cover your area, and presenting their quotes to you; and
• collecting your payment, holding it, and releasing it to the operator when the job is recorded as complete.

We are not a lawn care company or a snow removal company. We do not perform services, employ operators, supply equipment, direct how work is carried out, set operator prices, assign jobs, or schedule operator availability.

2. The agreement is between you and the operator

When you accept an operator's quote, a direct contract is formed between you and that operator for that work. NoMowSnow is not a party to it.

The operator is solely responsible for the services, including their quality, timing, safety and any damage or injury arising from them. You are responsible for providing accurate information about the property, safe access, and payment of the amount you accepted.

Operators are independent businesses. They are not our employees, agents, partners or joint venturers, and they have no authority to bind us or to make representations on our behalf.

3. Accounts and eligibility

To request services you must be at least 18 and able to enter into a binding contract. You are responsible for the accuracy of the information in your account and for activity that takes place under it.

4. Operator eligibility

To offer services through NoMowSnow, an operator must:

• be at least 14 years old, or the minimum working age in their state, whichever is higher;
• if under 18, have a parent or legal guardian who agrees to these terms alongside them and who holds the account to which payments are made;
• maintain a valid email address and verify it;
• verify their identity through our verification provider;
• connect a bank account capable of receiving deposits;
• supply their own equipment; and
• hold any licence required by their state for the services they offer, including applicator licensing for chemical treatment.

Operators are responsible for their own taxes. Nothing is withheld from payments made to them.

5. Quotes and pricing

Operators set their own prices. NoMowSnow does not set, cap, or recommend operator pricing. An operator may publish standing rates or quote each job individually.

Quotes are presented to you ranked by a combination of price, operator rating and availability. By default we show the three highest ranked quotes. Where more operators have quoted, the full list remains available to you. You may re-sort the quotes, you may accept any of them or none, and no charge is made until you accept one.

Operator preferences

A customer may indicate a preference for a woman operator. This is a preference only. The request is shown to every eligible operator covering the area, any of them may quote, and the preference affects only the default order in which quotes are displayed. Operators appear in that ordering because they chose to be listed, not because of any information we hold about them.

6. Payment

When you accept a quote, we collect the quoted amount and hold it. It is released to the operator once the job is marked complete and the required completion photograph has been uploaded.

NoMowSnow retains a commission on completed work. The current rate is COMMISSION RATE TO CONFIRM. Payment processing is carried out by a third-party provider under its own terms.

7. Cancellation and no-shows

Cancelling a booked job

A job must be cancelled at least one hour before the agreed start time. Cancel within that window and the amount you paid is returned to the card used, less any payment handling fee.

Once the job is inside the final hour the operator is likely to be travelling to you or already at the property, and the booking can no longer be cancelled without charge. LATE CANCELLATION CHARGE TO CONFIRM: state whether the full amount, a fixed fee, or a percentage is retained, and how much of it goes to the operator.

If nobody can get in

If an operator arrives and cannot carry out the work because the property is inaccessible, a gate is locked, a vehicle is blocking the area, or an animal is loose, that counts as a late cancellation. Use the message thread to tell the operator about access before the day.

If the operator cancels

An operator may cancel a job they have accepted. Where they do, the full amount you paid is returned to you, the cancellation counts against that operator, and repeated cancellations affect their rating and their access to further work. You may post the request again immediately.

Urgent jobs

Urgent work is often scheduled to begin within an hour of being accepted. Where that is the case the cancellation window has already closed at the point of acceptance, and this is shown to you before you accept. Section 8 covers what happens if an urgent job is not completed within 24 hours.

8. Urgent and storm work

Urgent requests, including storm response, are offered only to operators whose recent rating meets our published minimum. Access to urgent work is not guaranteed and may be withdrawn if an operator's rating falls below that minimum.

Urgent work carries an emergency surcharge. The surcharge is set by NoMowSnow and starts at $85. The cost of the work itself is set by the operator and varies with the size of the property. Both are included in the quoted amount shown to you before you accept, and you are never charged a surcharge separately or after the fact. CONFIRM whether the surcharge is retained by NoMowSnow or passed to the operator, and state it here.

Operators who accept an urgent job must complete it within 24 hours of acceptance.

Where an operator does not, the amount you paid is refunded to the card used for the payment, less any payment handling fee charged by our payment provider. Refunds are issued to the original payment method only. How long a refund takes to appear on your statement is determined by your bank, not by us. You may post the request again immediately.

We will also remove the job from that operator and take the failure into account in their rating and their access to further urgent work.

We do not guarantee that any operator will be available for urgent work, or that any request will be accepted.

9. Ratings and reviews

Ratings run in both directions. After a job is completed, the customer rates the operator and the operator rates the customer.

What each rating covers

• The customer rates the operator on the work itself: quality, timeliness, care taken at the property, and communication.
• The operator rates the customer on whether the job was workable as described: accuracy of the property details, access on the day, and any hazard on site that was not disclosed.

When ratings become visible

Neither rating is shown until both have been submitted, or until 14 days have passed, whichever comes first. This is so that neither party is rating in response to the other.

What a rating affects

An operator's rating affects the order their quotes appear in and, at 3.0 and above, their access to urgent work. A customer's rating is shown to operators when they are deciding whether to quote. A customer is never prevented from requesting work because of their rating, though operators may choose not to quote.

Fair use

Ratings must reflect a genuine experience of the job. We may remove a rating that is abusive, contains personal information, is not about the work, or appears to have been given in bad faith. Where a rating is removed the aggregate is recalculated.

10. Photographs

You may attach photographs to a request. Operators covering your area can see them while they decide whether to quote, including before you have chosen one. Do not include anything you would not want a stranger to see.

By attaching a photograph you give NoMowSnow permission to show it to operators, keep it with the job record, and use it to resolve a dispute. You keep ownership of the photograph.

Advertising is separate and optional. We do not use photographs of your property in marketing unless you tick the box when you post a request. That choice covers photographs of that property whether you took them or an operator did. You can withdraw it at any time by writing to us, and we will stop using the images going forward.

Operators grant NoMowSnow permission to show their completion photographs to the customer for that job and to use them to resolve a dispute. Advertising use of a completion photograph additionally requires the property owner's consent, as above.

11. Messaging

Customers and operators communicate through the messaging built into NoMowSnow. Messages are tied to a specific request and are visible only to the customer and the operator in that thread.

We retain message threads as part of the job record and may review them where a job is disputed or where conduct is reported. We may hide a message that is abusive or unlawful; the message is retained rather than deleted, because a dispute may turn on what was said.

Do not use messaging to arrange payment outside the platform. Doing so removes the payment protection for both parties and is grounds for removal under section 17.

12. Disputes about the work

Because the service agreement is between you and the operator, disputes about the quality, completeness or timing of work are between you and the operator in the first instance.

Where a job is disputed before funds are released, the payment is held while the matter is looked at. Neither the operator nor the customer receives it until the dispute is closed.

How a dispute is handled

1. Raise it within 48 hours of the job being marked complete, through the message thread or by writing to us.
2. Both sides are asked for their account. You each have 5 days to respond. If one side does not respond, the decision is made on what is available.
3. NoMowSnow mediates and decides. We look at the job record, the completion photograph, the message thread and what each party has told us.
4. A decision is made within 14 days of the dispute being raised. Funds are then released to the operator, refunded to the customer, or split, and both parties are told the outcome and the reason for it.

Our decision determines only how the held payment is handled. It is not a ruling on any wider claim between the customer and the operator, and neither party gives up any other right by using this process.

Refunds arising from a dispute are returned to the card used for the payment, less any payment handling fee, as set out in section 6.

13. Insurance and licensing

Operators are not required to carry liability insurance to perform residential work through NoMowSnow. Every quote states whether the operator carries insurance or does not, so you are never left to infer it from a missing badge. Where an operator is shown as insured, that reflects a document supplied to us and verified as current; it is not a guarantee of cover, of policy limits, or that a policy remains in force at the time of the work.

Where a service requires a state licence, an operator must hold a current licence in the state where the property is located. We verify what is supplied to us. Keeping it current is the operator's responsibility.

You should consider whether you wish to select an operator who carries insurance. If an operator has no insurance, recovery for damage or injury may be limited to what that operator can pay.

14. What we do not warrant

The marketplace is provided as is. We do not warrant that operators will be available in your area, that any quote will be received, that work will meet your expectations, or that the service will be uninterrupted or error free.

We do not supervise operators, inspect properties, or verify anything beyond the specific checks described in these terms.

15. Limitation of liability

FOR COUNSEL. LIABILITY CAP AND CARVE-OUTS TO CONFIRM. This section should state the limit of our liability, exclude indirect and consequential loss, and preserve any liability that cannot lawfully be excluded, including for death or personal injury caused by our own negligence and for fraud. Note that consumer protection statutes in some states limit what can be excluded.

16. Indemnity

FOR COUNSEL. INDEMNITY SCOPE TO CONFIRM. Note that an indemnity given by an operator under 18 may be voidable, which is part of the reason for the guardian co-signature in section 4.

17. Conduct and suspension

We may suspend or remove any account where we consider there has been misrepresentation, unsafe conduct, harassment, non-payment, repeated failure to attend accepted jobs, or attempts to move transactions off the platform to avoid commission.

18. Commercial contracts are separate

These terms cover the NoMowSnow marketplace only. Contracted commercial and association services are provided under separate written agreements between the client and CONTRACTING ENTITY TO CONFIRM. Those agreements are not governed by these terms, and nothing here limits or varies them.

19. Changes to these terms

We may update these terms. Where a change is material we will give notice before it takes effect. Continuing to use the marketplace after that date means you accept the updated terms.

20. Governing law and disputes with us

Governing law

These terms are governed by the laws of the State of Ohio, without regard to its conflict of law rules. CONFIRM: governing law should follow the state where the entity is formed. See section 1.

Nothing in this section removes any right you have under the consumer protection laws of the state where you live. Where those laws give you rights that cannot be waived, they continue to apply.

Talk to us first

Before starting any formal proceeding, contact us at info@nomowsnow.com with a description of the problem and what you would like done about it. Most matters are resolved this way. Please allow 30 days.

Small claims

Either of us may bring a claim in small claims court where the claim qualifies, and this section does not prevent that.

Where disputes are heard

Subject to the small claims exception above, any dispute with NoMowSnow that is not resolved informally will be brought in the state or federal courts located in Cuyahoga County, Ohio, and both parties consent to the jurisdiction of those courts. CONFIRM venue with entity formation state.

Disputes between customers and operators

This section covers disputes with NoMowSnow. Disputes about the work itself are between the customer and the operator, as set out in sections 2 and 12.

21. Contact

Questions about these terms: info@nomowsnow.com
6430 Park Point Ct
Pepper Pike, OH 44124