Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the website and any related online services (collectively, the “Site”) operated by Powerhouse Concierge Services (“Powerhouse,” “we,” “us,” or “our”). By accessing or using the Site, submitting an inquiry, requesting services, opting in to receive communications, or otherwise indicating acceptance of these Terms, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. About Powerhouse; Scope of Services

Powerhouse provides concierge and related coordination services, which may include, as applicable, sourcing, scheduling, and coordinating third-party providers; facilitating reservations; arranging errands; and providing lifestyle, administrative, or business support (collectively, “Concierge Services”). Powerhouse may update, modify, suspend, or discontinue any portion of the Site or Concierge Services at any time, with or without notice, to the extent permitted by law.

2. Eligibility; Authority

You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Quotes, Requests, and Service Parameters

Any descriptions of Concierge Services on the Site are provided for informational purposes only and do not constitute a binding offer. Service requests, estimated timelines, quotes, budgets, and availability may depend on third-party providers, inventory, travel conditions, and other factors outside of Powerhouse’s control. Unless we expressly agree otherwise in writing, Powerhouse does not guarantee that any specific third-party product or service will be available at a particular time, location, or price.

4. Third-Party Providers; No Endorsement

Powerhouse may introduce you to, or coordinate with, third-party providers, including contractors, venues, transportation providers, home service providers, and other vendors (“Third-Party Providers”). Independent Third Parties: Third-Party Providers are independent of Powerhouse. Unless expressly stated in a written agreement between you and Powerhouse, Powerhouse does not control and is not responsible for the acts or omissions of any Third-Party Provider. Your Agreements with Third Parties: Any goods or services provided by a Third-Party Provider are subject to that provider’s own terms, including payment terms, cancellation policies, warranties, and limitations of liability. You are responsible for reviewing and complying with those terms. No Endorsement: References to Third-Party Providers or third-party content do not imply endorsement, sponsorship, or affiliation.

5. Accounts, Communications, and Consent to Electronic Notices

If the Site allows account registration, you agree to provide accurate information and to keep your account information current. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account. You consent to receive communications from us electronically, including by email, text message, or postings on the Site, and you agree that such communications satisfy any legal requirement that communications be in writing. You are responsible for maintaining current contact information.

6. SMS/Text Messaging Terms (A2P Notice)

By providing your mobile phone number and expressly opting in, you agree to receive conversational, informational, and transactional SMS/text messages from Powerhouse Concierge Services related to your inquiries, appointments, scheduling, confirmations, reminders, updates, account matters, and requested services. Message frequency may vary. Message and data rates may apply. You can opt out of text messages at any time by replying STOP to any message. For help, reply HELP or contact us at (210) 514-6058 or contact@powerhouseconcierge.com. Consent to receive SMS messages is not a condition of purchase. SMS consent is not shared with third parties or affiliates for marketing purposes. We do not send marketing or promotional text messages without the appropriate consent required by applicable law.

7. Fees, Deposits, and Payment Authorization

Fees, including hourly fees, flat fees, retainer amounts, coordination fees, and/or membership fees, as applicable, will be disclosed to you before you incur any charges. Payment Methods; Authorization: You authorize Powerhouse and our payment processors to charge your provided payment method for:
(a) Powerhouse’s fees;
(b) approved purchases and deposits made on your behalf;
(c) applicable taxes; and
(d) any other charges that you authorize.

Third-Party Charges: Third-Party Providers may charge you directly or may require that Powerhouse place deposits or make purchases on your behalf. You are responsible for all Third-Party Provider charges that you authorize. Estimates; Overages: Estimates and budgets are not guarantees. If costs are likely to exceed an approved budget, we will use commercially reasonable efforts to seek your approval before incurring additional costs. However, you remain responsible for charges that you authorized or that were reasonably necessary to carry out your request. Taxes: You are responsible for any applicable sales, use, hotel, occupancy, excise, or similar taxes, unless expressly stated otherwise.

8. Cancellations, Rescheduling, and No-Show Policies

Cancellation and rescheduling terms may vary depending on the Concierge Services and/or the policies of Third-Party Providers. Powerhouse Fees: Unless otherwise agreed in writing, Powerhouse may charge for time already spent, non-refundable retainers, and/or administrative fees associated with your request. Third-Party Provider Policies: You are responsible for any cancellation, change, or no-show fees imposed by Third-Party Providers. Refunds: Refund eligibility, if any, will depend on the specific services performed and the applicable Third-Party Provider policies. Powerhouse does not guarantee that charges from Third-Party Providers are refundable.

9. User Content; Requests and Instructions

You may submit requests, information, materials, photos, documents, reviews, feedback, and other content through the Site or otherwise to Powerhouse (“User Content”). License to Use User Content: You grant Powerhouse a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and display your User Content solely for the purpose of providing, improving, and communicating about the Site and Concierge Services, subject to our Privacy Policy and applicable law. Accuracy and Rights: You represent and warrant that:
(a) your User Content is accurate to the best of your knowledge;
(b) you own or have the necessary rights to provide the User Content; and
(c) your User Content does not violate any law or the rights of any third party.

Instructions; Reliance: You are responsible for the completeness and accuracy of your instructions, including any deadlines, budgets, preferences, restrictions, or accessibility needs. Powerhouse may rely on the instructions you provide.

10. Prohibited Uses

You agree not to, and not to assist or enable others to: Use the Site for any unlawful, fraudulent, or harmful purpose Interfere with or disrupt the Site, servers, or networks Access or use the Site through automated means, such as bots or scrapers, except as expressly permitted by us in writing Upload, transmit, or introduce viruses, malware, or any other harmful code Infringe upon or misappropriate any intellectual property or other legal rights Attempt to gain unauthorized access to accounts, systems, or data

11. Intellectual Property

The Site and all content, features, and functionality, including text, graphics, logos, designs, and software, are owned by or licensed to Powerhouse and are protected by applicable intellectual property laws. Subject to your compliance with these Terms, Powerhouse grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal or internal business purposes. Except as expressly permitted under these Terms, you may not copy, modify, create derivative works from, distribute, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any part of the Site without the prior written consent of Powerhouse.

12. Disclaimers

No Legal, Financial, or Medical Advice: Powerhouse does not provide legal, financial, tax, insurance, medical, or other regulated professional advice. You are responsible for obtaining independent advice as appropriate. No Warranty: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND CONCIERGE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POWERHOUSE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. No Guarantee of Outcomes: Powerhouse does not guarantee any particular outcome, availability, price, savings, or suitability of any Third-Party Provider, venue, product, or service.

13. Limitation of Liability

Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWERHOUSE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE CONCIERGE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWERHOUSE’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE CONCIERGE SERVICES WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNTS PAID TO POWERHOUSE FOR THE CONCIERGE SERVICES GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR
(B) ONE HUNDRED U.S. DOLLARS (US $100).

Basis of Bargain: You agree that the disclaimers and limitations of liability in these Terms are a fundamental basis of the bargain between you and Powerhouse. Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. To the extent such laws apply to you, some of the above disclaimers and limitations may not apply.

14. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Powerhouse and its owners, officers, directors, employees, agents, and contractors from and against any claims, demands, causes of action, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
(a) your use of the Site or Concierge Services;
(b) your User Content;
(c) your violation of these Terms;
(d) your violation of any law or the rights of any third party; or
(e) your dealings with any Third-Party Provider.

15. Privacy

Your use of the Site is subject to our Privacy Policy, if posted on the Site. By using the Site or opting in to receive communications from us, you acknowledge that we may collect and use information as reasonably necessary to operate the Site, provide Concierge Services, and communicate with you, consistent with applicable law and our Privacy Policy.

16. Arbitration; Class Action Waiver (Optional)

This Section contains an arbitration agreement and class action waiver. Please read it carefully. Agreement to Arbitrate: Except as set forth below, you and Powerhouse agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Concierge Services will be resolved by binding arbitration administered by a reputable arbitration provider, such as AAA, under its applicable rules. No Class Actions: You and Powerhouse 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, collective, representative, or private attorney general proceeding. Arbitration Procedures: The arbitrator will have exclusive authority to resolve any dispute, including disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitration will be conducted in Bexar County, Texas, unless otherwise required by applicable rules or agreed by the parties. Costs: Payment of filing, administration, and arbitrator fees will be governed by the arbitration provider’s rules, subject to applicable law. Exceptions: Either party may seek relief in small claims court for eligible claims, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights. Opt-Out: If you do not wish to be bound by this arbitration agreement, you may opt out by sending written notice to Powerhouse at the contact information provided below within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out.

17. Governing Law; Venue

These Terms and any dispute will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. If the arbitration section is found not to apply to a dispute, you and Powerhouse agree that any court proceedings will be brought exclusively in the state or federal courts located in Bexar County, Texas, and each party consents to personal jurisdiction and venue in those courts.

18. Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date at the top indicates when these Terms were last revised. If you continue to use the Site after the updated Terms are posted, you agree to the revised Terms.

19. Contact Information

Questions about these Terms or the Site may be directed to:
Powerhouse Concierge Services Attn: Terms & Conditions
PO BOX 12262 San Antonio,
TX 78212
(210) 514-6058
contact@powerhouseconcierge.com

20. Miscellaneous

Entire Agreement: These Terms, together with any policies referenced herein, including any Privacy Policy, constitute the entire agreement between you and Powerhouse regarding the Site and Concierge Services and supersede any prior or contemporaneous agreements or understandings. Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. No Waiver: No waiver of any provision of these Terms will be effective unless it is in writing and signed by the party against whom the waiver is asserted. Assignment: You may not assign or transfer these Terms without Powerhouse’s prior written consent. Powerhouse may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Force Majeure: Powerhouse will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, labor disputes, war, terrorism, civil disturbances, governmental actions, internet or telecommunications failures, and supplier delays. Headings: Headings are for convenience only and do not affect interpretation.