Service and Website Terms & Conditions ("Agreement")
Last Update: November 26th, 2014
The following is the Agreement entered into between you and us regarding use of www.elitemovinglabor.com and Services purchased through or from us. Additional information about many of our policies can be found in our FAQ section.
- The terms "we", "us", "our", "Elite Moving Labor" and "EML" refer to WBJ & Associates LLC DBA Elite Moving LaborTM, a Florida limited liability company, and/or our subsidiaries and/or related business entities;
- "Service" means packing materials/supplies, personnel for packing, loading, unloading, furniture movement, equipment, transportation, loss/damage valuation and related services (e.g. appliance connection and disconnection, assembly/disassembly, etc.);
- "Website" refers to www.elitemovinglabor.com or other domain names owned by Elite Moving Labor;
- The term "you" refers to: (i) you individually, (ii) any other person for whom you are legally authorized to act, and (iii) any other person who is legally authorized to act for you, in connection with movement and/or storage of your household goods and personal effects ("goods");
- "Supplier" refers to any supplier of Service that is engaged by us on your behalf to provide Service, in connection with movement and/or storage of your goods;
- "Moving Labor Service" refers to Service you purchase through us which is billed at an hourly rate.
- "Hourly Service Charges": All charges for Hourly Service are based on time, which shall be computed by multiplying the applicable hourly rate by the amount of time required to provide Service. Each Moving Labor Service has a minimum hours charge, additional time beyond the minimum charge is billable at the "Additional Hourly Rate" as listed on our Website. The Additional Hourly Rate is pro-rated to the nearest 1/4 hour.
- "Deposit" refers to the amount billed by EML for Services prior to your move date. The Deposit is subtracted from your Minimum Rate.
- "Minimum Rate" refers to the total price for a specific crew size for a Minimum Hours Charge. The Minimum Rate includes the Balance Due and the Deposit amount.
- "Balance Due" refers to the remaining amount owed by You after the Deposit amount. The Balance Due is typically payable on site at the completion of Services.
- "Additional Services" refers to hourly charges, materials or Services in addition to the Minimum Rate and resulting Balance Due.
- The term "days" means calendar days unless otherwise noted.
- "Business days" means days between and including Monday to Friday and do not include public holidays and weekends.
- "HHG" means household goods.
New Orders, Availability & Travel Charges
All new reservations are considered pending until availability, coverage area and travel charges (if applicable) are confirmed by EML. Reservations will be considered confirmed when a confirmation email has been sent, you will receive one for each Service.
In the event that your requested Service Date is within (5) Business Days EML must confirm availability for your date and time. Should your requested Service Date or time be unavailable you will be notified by phone or email with alternative options. If none of the alternatives are acceptable you will not be charged any fees and your reservation details will be disregarded.
Travel Charge & Surcharge
If a travel charge or surcharge is required for your location, and you have not been previously quoted, you will be notified by phone or email before we process your reservation. If you do not approve the travel charge and/or surcharge you will not be charged any fees and your reservation details will be disregarded.
Except as noted otherwise, the following general Service Rules apply to our Moving Labor Service:
- Service Scheduling: Service should be scheduled as far in advance as possible, preferably no less than (5) Days from your Service date. All requested dates for Service are subject to Service availability. We and Suppliers will exercise good faith efforts to meet requested dates for Service, and in the event that Service is unavailable on a requested date, make reasonable effort to schedule Service on the next earliest date.
- No inventory of your HHG will be made at your origin or destination. Changes to Service Schedules or Requirements: After your Service reservation has been confirmed, you must notify us immediately of any changes in your Service schedule or requirements (e.g. dates, times, locations, truck/unit size, etc). If we or a Supplier incur additional charge(s) because you do not notify us of changes in Service schedule(s) or requirements in sufficient time for us or a Supplier to make corresponding changes in the scheduling or arrangement of Service, you are responsible for payment of any such additional charges.
- Cancellation of service and/or requests for rescheduling must comply with our policies. These policies are outlined within this document as well as on our FAQ page.
- Availability on Service Date(s): You must be available during the performance of
all Service to view performance and to sign Service documents, or you must: (a)
provide us with written authorization to access any premises and/or equipment
involved with Service, and (b) waive the requirement for signing Service
documents by completing our Pre-Authorization Form.
If you are not ready for Service when personnel arrive, Hourly Service Charges will still begin from the arrival time. In the event that you Service cannot be performed you will be charged the total Hourly Service Charge for the waiting period as well as a $150.00 'No Show Fee' and $50.00 cancellation fee.
- Delay: Neither we nor any Supplier we engage will be liable to any extent or in any amount to anyone for loss or damage of any kind including, but not limited to, loss of market, loss of value, loss of use, or consequential damages caused by or resulting any delay in providing Service.
- Warranties: You warrant that you possess the legal ability and authority to
create a binding legal obligation and the full and unfettered legal right and
authority to engage us or a Supplier for Service.
NEITHER WE NOR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICE THAT WE OR THEY PROVIDE OR ARRANGE, DIRECTLY OR THROUGH OTHER ANOTHER SUPPLIER, OR TO ANY WEBSITE WE MAINTAIN FOR YOUR USE.
WE AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
- Assumption of Risk: You assume all risks and liability arising from the use and operation of transportation equipment and understand that such equipment can cause injury or death to you or others.
- Indemnity: Notwithstanding the foregoing, you agree that if we, our owner(s), directors, employees, representatives, affiliates, agents and/or assigns is/are found liable for any damage to you of any kind resulting from any cause in connection with the operation of any website or your use thereof, any request for estimate of Service charges, Service reservation or purchase of Service, or Service performed for you, such liability shall not exceed the total amount of charges collected from you by us.
- Limitation of Liability: Service should be scheduled as far in advance as possible, preferably at least five (5) business days in advance of a Service date. All requested dates for Service are subject to Service availability. We and Suppliers will exercise good faith efforts to meet requested dates for Service, and in the event that Service is unavailable on a requested date, make reasonable effort to schedule Service on the next earliest date.
- Other Insurance: In no event shall we, our owner(s), directors, employees, representatives, affiliates, agents and/or assigns be liable for any damage of any kind in any amount to the extent that such damage is covered by any insurance issued to you or available for you to claim against.
- Assignment, Integration, Applicable Law and Titles, Headings and Captions: You may not assign your agreement with us for Service without our express written consent. Your agreement with us for Service consists of various electronic and hardcopy documents, all of which may be executed in counterparts, shall be deemed originals, and, taken together, shall constitute the same and entire agreement between you and us. This agreement is governed by federal law of the United States of America regarding intellectual property and rights, and otherwise by the law of the State of Florida. Titles, heading and captions in this Agreement are provided for convenience only and shall not be used to construe meaning or infer intent.
Terms, Conditions and Forms of Payment
- Charges Due in Full When Due: You must pay for all Service actually performed at your request and/or direction, including Service that you add or that exceeds our minimum hours of your Service needs and requirements ("Additional Service"). Your Deposit payment is due, based on the Services selected, at the time of your reservation. The remaining Balance Due, your Minimum Rate less the Deposit, is to be paid at the completion of Services to the Supplier or Movers providing such Services. Final payment for your Balance Due plus all Additional Service performed for you is due immediately upon the completion of the Service.
- Form of Payment: Payment of Deposit must be made by credit card at the time of booking. Final payment for the Balance Due can be made on site at the completion of Services by credit card or cash.
- Credit Refusal: An administrative charge of $50 or 2% of your Service charges, whichever is greater, will apply for each instance in which a check or draft, or a charge to a credit or debit card that you authorize is not honored due to insufficiency of funds/available credit ("credit refusal").
- Interest Charge: Any outstanding balance of charges due and owing to us ("outstanding balance") will accrue a monthly interest charge in an amount equal to the lesser of an amount calculated by multiplying the outstanding balance by: (i) a percentage rate of 1.5%, or (ii) the maximum rate allowed by law.
- Cost of Collection: You will be charged all costs that we incur to collect charges that are due and owing to us for Service rendered, including, but not limited to, all legal fees and all costs of arbitration/litigation, including cost incurred to execute on any award or judgment.
- Reschedule Requests: EML will make every attempt possible to reschedule your Service for the requested Service Date and time. Reschedules are based on availability, EML makes no guarantee that Service will be available for your requested date/time until such time that EML confirms availability for your request. To inquire about a reschedule date/time for your Service contact EML at (888)-354-8303 x 200. There are no fees or charges associated with a reschedule request assuming the request is placed with at least 1 Business Day notice. Reschedule requests received with less than 1 Business Day notice are subject to a $150.00 "No Show Fee". If EML is unable to accommodate your newly requested date/time you are still subject to the cancellation fees as set forth herein. Read additional information about the EML reschedule policy.
- Pending Status: EML will place your reservation for Service into Pending Status at your request. Pending Status will allow you to reschedule your reservation without penalty for up to one year from the requested date. The terms and conditions still apply for a reschedule request at the time of rescheduling.
Rules Regarding Hourly Service
- Hourly Service is provided per a contract between you and a Supplier. We are not a party to Hourly Service contracts or agreements.
- Any claim of damage must be presented to the Supplier that performed the Service. EML is not a party to damage claims.
- If you experience Damage with Hourly Service, you should notify the Supplier of any Damage, including property damage, on the Service date(s) Damage occurs, and you should note such Damage in writing on any job completion form or other Supplier paperwork that you sign at the completion of the job. Once a Supplier leaves the job site the Supplier is no longer responsible for any Damage that is not documented.
Liability, Injury & Insurance Coverage
EML will only staff licensed and insured movers to service your move. At our discretion we may staff employees that are directly employed by EML or independent moving companies that are approved by EML to provide such services. Any independent moving company providing services on behalf of EML is contractually obligated to our pricing and policies. All movers staffed by EML maintain a minimum of $500,000 in commercial liability coverage, although many maintain higher amounts. In addition, independent moving companies may carry additional coverages, such as umbrella insurance and Workers' Compensation, although EML does not require these coverages. It is important to note that, while EML does not require our approved suppliers to carry Workers' Compensation, many companies do carry it. Regardless, the customer is never responsible for any injury that occurs to the movers while they are performing their normal job duties. If a moving company elects not to carry Workers' Compensation coverage they are solely responsible for the liability of any injuries to their employees, subcontractors, partners or affiliates that they staff to EML moves.
Disputes and release/waiver of liability
EML provides many Services through the engagement of independent moving companies (Suppliers). All Suppliers are verified by the EML Supplier Management team and must pass a rigerous approval process to ensure the highest level of quality. Further, all Suppliers are contractually obligated to abide by our Hourly Service Charges and Terms. In the event that a dispute or damage claim arises EML is considered a neutral venue and we are not responsible for resolving any disputes between you Supplier regarding the Services. All disputes must be resolved between the Customer and the Supplier. EML will take all necessary actions to ensure that any dispute or claim is factored into their quality score and that the Supplier responds to your inquiry in a timely manner.
Final payment for the Balance Due plus any Additional Services is a solely between the Customer and the Supplier. Therefore, when and where there are any claims, demands, liabilities, damages or losses incurred as a result of such transaction and/or provision of Services, you, your heirs, successors and assigns, do hereby waive and release EML (our officers, directors, agents, parent, subsidiaries, affiliated companies and employees) from any such claims, demands, liabilities, damages or losses.
Valuation, Damage Claims and Theft
EML and our Suppliers are required by law to provide basic default coverage, referred to as Released Valuation, mandated at $0.60/lb per item. This basic coverage has many exclusions and is only valid while our moving team is at your location. Liability for any damage claim ceases once we depart the location and posession of your items has been transferred back to you. To be considered valid, damage must be reported on the work order prior to our crews departure to be considered valid. Liability for damages ceases upon the departure of the moving team. Customer agrees that under no circumstances is EML or the moving team responsible for more than $0.60/lb per item for damages caused directly by their employees, Suppliers, contractors, licensee's or affiliates. We reserve the right to verify all claims using any and all reasonable standards for achieving proper verification of claims.
Items, situations and property excluded from Released Valuation:
- Items made from or containing particle board or press board.
- Boxes, containers or bins packed by the customer.
- Furniture, electronics or other household items that are not properly prepared for movement or transit. For example, a flat screen TV that has not been correctly packaged or crated.
- Any item for which appropriate padding or protection materials is not available to ensure safe movement.
- Pool tables, pianos, tanning beds or high value items that are not properly prepared by the customer and/or a specialty moving company prior to our arrival at the location.
- Electronics in non-working condition. EML does not verify the working condition of your items before movement and cannot be responsible for inoperable equipment.
Due to the criminal nature of theft claims you must first file a police report with the local authorities, a copy should also be sent to EML. Claims cannot be submitted to an insurer without a police report. EML has a "zero tolerance" policy regarding theft. Any Supplier who is found guilty of theft while performing Services on behalf of EML will be immediately terminated from the EML Supplier Program.
Customers Obligation to Verify Accuracy of Data
The rates, pricing, policies and availability provided by EML to you, the customer, is based on the information you provide to us. It is your obligation to provide honest and accurate information to us.
During both the quoting and scheduling process, EML will ask you specific questions to obtain the required information necessary for quoting and scheduling. Specifically, your service zip code, location access conditions, heavy items and transportation type and size. The information we provide, such as rates and availability, is based solely on this information. In the event that any of this information changes it is your obligation to notify EML of such changes, at which time EML will inform you of any necessary modifications to rates or scheduling availability. Additionally, you will receive a confirmation email from EML for each move scheduled. The confirmation email will summarize the details of your reservation, including your contact phone number(s) and service address. Unless otherwise notified, EML will presume that all of the information included in your confirmation email is correct and accurate. It is your obligation to notify us if any of the information included in your confirmation email is not correct. In the event that the information contained in your confirmation email is incorrect and such errors prevent us from contacting you or providing services, you are solely responsible for any fees, including our cancellation fee and no show fee as outlined in this Agreement.
Any heavy or awkward items not made known to EML during the quoting or scheduling process will not be serviced by EML. It is imperative that you make EML aware of any items in excess of 250 pounds, as well as the access conditions associated with these items, during your interaction with EML. A list of common items is presented to you during the online quoting and booking process, and EML will ask you about these items if you contact us by phone. In the event that you do not disclose information about heavy items, or provide inaccurate information, EML will not move those items. Additionally, you will be responsible for all fees, including our cancellation and no show fee, in the event that you decide to cancel services due to our refusal to move these items.
Other Customer Restrictions & Requirements
In the event that your specific moving situation has additional restrictions or requirements, such as time limitations or insurance requirements, you must disclose this information to EML prior to scheduling service. Specifically, any time limitations due to a live load or unload, time limitations due to a reserved elevator, certificate of insurance requirements by your building or property, or similar restrictions that are necessary to ensure accurate quoting and scheduling. EML will work with you to determine availability and pricing in these situations, however, EML is not liable for any fees or expenses incurred by you for failing to disclose this information. In the event that you must cancel or reschedule your move as a result of failing to provide EML with this information you will be responsible for all fees, including our cancellation and no show fee.
Obligation of Due Diligence
During both the quoting and scheduling process EML staff will ask questions necessary to ensure compliance with our policies. Your responses to our questions are used in determining what information we provide you with, from rates and recommendations to policy review and advice. Each member of the EML staff is trained to identify potential problems during interactions with the customer, this includes identifying and reviewing policies that may be relevant to your reservation(s). While every attempt is made to review relevant policies, it is impossible for EML staff to review and discuss every policy with every customer. It is the customers responsibility to complete their Due Diligence during the quoting and reservation process, both by asking necessary questions as well as reading and reviewing information available on our website. Due Diligence must be completed prior to making a reservation with EML, as a reservation is an acceptance of our Terms and Conditions, policies, procedures and rates. EML staff will answer any questions and discuss any policy at the request of the customer.
Company Name Statement
Elite Moving Labor is a nationwide provider of moving labor and moving help services. We are the only company in the United States with the legal authority to use our full company name, Elite Moving Labor. It's important to note that there are many moving companies and/or individuals that advertise or promote similar moving services under a similar company name. For example, "Elite Moving" and "Elite Movers" are similar names that have no affiliation with us. Although a company may use the word "Elite" in their name, it is worth noting that they are unrelated to Elite Moving Labor. Elite Moving Labor will never advertise itself as a variation of our company name. At this time Elite Moving Labor only offers Services through our Websites or by contacting Customer Support.
Terms of Website Use
Your use of the Website is conditioned upon your acceptance without modification of this Agreement, all Terms and Conditions and Additional Terms, and the following: Accessing or using this Website in any manner constitutes your agreement to the Agreement, Terms and Conditions and Additional Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acknowledgement and acceptance of, and your agreement to, the updated or modified Agreement. You agree that we have the absolute and exclusive right to make such change(s) or modification(s), in our sole discretion, at any time, without notice to you. If you do not accept these conditions, please do not access or use this Website again. Be sure to return to this page periodically to review the most current version of the Agreement.
- Proprietary Rights: EML is the sole owner of the Website and all content, information and software included in, downloadable from, or accessible through the Website ("content"). In this connection, "software" includes but is not limited to the infrastructure used to provide such content. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any content. You specifically agree, further, (1) not to access, monitor or copy any content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (2) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (3) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; or (4) deep-link to any portion of the Website for any purpose, or "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization. Access to or use of the Website conveys no rights of ownership or license whatsoever in or to you.
- Website Availability: We will use reasonable efforts to make the Website available for access through the World Wide Web. However, we are not responsible for unavailability of the Website for any reason, including, but not limited to, periodic downtime for maintenance, backup, acts of God, and other circumstances beyond our control that are a normal part of Internet business, and we may at any time in our absolute discretion suspend or discontinue the Website for any reason or no reason at all.
EML MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE WEBSITE OR ITS CONTENT FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICE BY EML. THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EML DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS CONTENT, ITS SERVERS OR ANY EMAIL SENT FROM EML ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EML HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL EML BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES OR OTHER DIRECT OR INDIRECT COSTS, EVEN IF YOU NOTIFY US IN ADVANCE OF A POSSIBILITY OF SUCH DAMAGES, ARISING OR ATTRIBUTABLE TO YOUR ACCESS TO, USE OF OR INABILITY TO USE THE WEBSITE.
- Confidential Information: Your access to and/or use of the Website and content, and your performance of this Agreement will result in our disclosing to you or your learning of certain data and/or information that is proprietary and confidential that is our Confidential Information. For purposes of this Agreement, "Confidential Information" shall include but not be limited to any and all non-public information disclosed to or learned by you concerning our business and/or operations, computer hardware and software and other information technology; specifications, processes, procedures and manuals; marketing/business/ financial data, information and plans; and information and/or data regarding Suppliers and Service.
- Use of Confidential Information: Confidential Information shall be used solely for the purpose of viewing, reserving and purchasing Service and in performance of this Agreement. You shall treat Confidential Information that you receive or learn of with the same level of care against unauthorized disclosure as you treat like information of your own, and in all events at least with reasonable care against unauthorized disclosure.
- Non-Use/Disclosure of Confidential Information: Confidential Information shall be received by you in confidence and not disclosed to any person or entity or used by you for any purpose except as expressly permitted in this Agreement without our written consent.
- Non-Competition: You acknowledge that we expend considerable money and effort developing and maintaining the Website, content, and customer and Supplier relationships and warrant and agree that you shall not at any time, in any way start or participate in the development of a business substantially similar to the business we operate through the Website for a period of two (2) years after termination of this Agreement.
What information do we collect?
We collect information from you when you place an order or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To send periodic emails
The email address you provide for order processing, quoting or general contact inquiries will only be used to send you information pertaining to your order or questions.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
This policy was last modified on September 17th, 2014.
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