Happy Helpers Terms and Conditions

These Terms and Conditions ("Agreement") govern the use of the child care services provided by Happy Helpers LLC, located at P.O. Box 273095,  Fort Collins, CO, 80525. By accessing and using the services offered by Happy Helpers LLC, you agree to comply with these terms. If you do not agree with these terms, please refrain from using our services.

1. Service Description:

Happy Helpers LLC offers child care services, including but not limited to daycare, babysitting, nanny services, and educational programs. Our agency connects families with qualified childcare providers based on their individual needs. The childcare providers are not employees of Happy Helpers LLC but independent contractors. 

2. User Eligibility:

a. By using our services, you confirm that you are of legal age to enter into a binding contract or have the legal consent to do so.

b. You agree to provide accurate and complete information during the registration process including your name, address, children’s names, family bio, and other pertinent information required in the app.

c. You agree to provide a clean and safe environment in which the care provider will conduct services. 

d. Users are responsible for evaluating the suitability of providers for their needs.

3. Child Care Providers:

a. Clients and providers are connected based on their preferences, availability and service requirements.

b. Happy Helpers does not endorse or guarantee the qualifications, safety, or reliability of child care providers.

c. Child care providers may be subject to ongoing screenings and additional requirements in order to maintain continuous use of the app. 

d. Care providers are subject to one interview and two personal and employer reference checks.

e. Each caregivers who may provide services to users (i) has, to Happy Helpers knowledge, based on reasonable investigation and review of publicly available information, never been convicted of, and is not currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, (ii) has not been and is not currently required to register as a sex offender with any government entity, (iii) is either (a) at least 18 years of age, or (b) at least 13 years of age and eligible to work under applicable federal and state child labor laws for the state in which they reside and will be working, and (iv) has the legal right to work in the United States.

4. Booking and Payment:

a. You can book child care services through the mobile application Sitter Pro licensed by Happy Helpers LLC or online through the website happyhelpersco.sitter.app. 

b. Payment for services is processed securely through the mobile platform.

c.  The user agrees to submit their credit/debit card on file for payment. Cash is not an acceptable form of payment.

d. Gratuity is accepted via credit card through the app or can be paid in cash. Gratuity is at the discretion of the client and goes directly to the care provider.

e. Each booked appointment will be charged for 3 hours minimum regardless of whether the appointment is completed in less time.

f. All booked and completed appointments will be charged for the hours requested in the app. For example, if you book a 6 hour appointment, but return after 4 hours, you will still be charged for the 6 hours you booked. 

g. Late Fee: Clients agree to return within 15 minutes of the end of the appointment booking time. After the 15 minute grace period, a $50 late fee will be automatically incurred, in addition to the hourly care provider rate until the booking is complete. Any agreed upon changes to the appointment end time must be made by the care provider or Happy Helpers prior to the appointment start time to avoid the return late fee.

h. Changes to Booked Appointment Time: If you need to make any changes to your start or return time, changes must be requested 48 hours in advance of all booked appointments. We cannot guarantee the change is plausible until we confirm with the care provider. Change requests can be made by emailing happyhelperscolorado@gmail.com or calling / texting (970) 829-8677.

i. Last minute (day of/same day) reservations are final. Once a care provider is booked, you will be charged the full appointment cost regardless of cancellation. Bookings made less than 24 hours in advance of appointment start time will incur an additional service fee of $10, and the provider will charge an additional hourly fee of $2/per hour.

Users are responsible for informing Happy Helpers of any account changes of credit cards or bank accounts. 

k. Payment Errors. If you believe a payment has been processed in error, you must provide written notice to us within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by us within such a thirty (30) day period, the payment will be deemed final.

l. Booking and payment policies are subject to change.

5. Cancellation:

a. Cancellations made 24 hours in advance of a booked appointment or prior to a job being booked with a care provider are free of charge.

b. Cancellations for booked appointments that are 4 hours or less in length and are canceled less than 24 hours prior to the start time of the booked appointment are subject to a $35 cancellation charge. 

c. Cancellations for booked appointments that are more than 4 hours in length and are canceled less than 24 hours prior to the start time of the booked appointment are subject to a $50 cancellation charge.

d. Last minute (day of/same day) reservations are final. Once a care provider is booked, you will be charged the full appointment cost regardless of cancellation.

e. Happy Helpers LLC reserves the right to waive this fee in true cases of emergency and depending on varying circumstances on a case by case basis.

f. Cancellation fees are subject to change. 

6. User Conduct:

a. You agree to use our services for lawful purposes and in a manner that does not infringe upon the rights of others.

b. You will not engage in any activities that may disrupt or damage our services or platform.

7. Privacy and Data Usage:

a. Your personal information will be handled according to our Privacy Policy.

b. By using our services, you agree to the collection, storage, and use of your information as described in our Privacy Policy.

c. Without limitation, you acknowledge and agree that we may process Your Data for the purpose of providing the Services and related functions, such as billing and support, data science and product or service improvement and reporting.

8. Confidentiality:

a. A Party will not disclose or use any Confidential Information of the other Party except: (i) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to this Agreement; (ii) with the other Party’s prior written permission; or (iii) to the extent required by law or order of a court or other governmental authority or regulation. Each Party agrees to protect the other Party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care. 

b. Confidential Information will not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing Party; (ii) was known to a Party prior to its disclosure by the other Party without breach of any obligation owed to the other Party; (iii) was independently developed by a Party without breach of any obligation owed to the other Party; or (iv) was or is received from a third party without breach of any obligation owed to the other Party.

9. Limitation of Liability:

a. Happy Helpers CO LLC is not liable for any damages, injuries, losses, or disputes arising from the use of our services or interactions with childcare providers.

b. Users are responsible for their interactions and agreements with childcare providers.

10. Warranties and Disclaimer:

a. Accuracy of Your Account Information: You agree to provide Happy Helpers LLC with complete and accurate account information, including your name, street address, e-mail address, and such other information as we may request (collectively, “Account Information”). You are responsible for the accuracy and timely updating of Account Information, and you agree to promptly notify us in writing if any Account Information changes. You agree that Happy Helpers LLC has no responsibility or liability whatsoever for any loss or damages caused, either directly or indirectly, by inaccurate Account Information.

b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAPPY HELPERS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND/OR RELATED DOCUMENTATION. HAPPY HELPERS LLC DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH HAPPY HELPERS LLC AND ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE OR CARE PROVIDERS.

11. Indemnification

You agree to indemnify, defend, and hold harmless Happy Helpers LLC from and against any and all third-party claims alleged or asserted against any of them, and all related charges, damages, losses, liabilities, judgments, penalties, fines, costs and expenses (including, but not limited to, attorneys’ fees and costs) arising from or relating to: (i) any actual or alleged breach by you of any provisions of this Agreement; (ii) any access to or use or misuse of the Services by you; (iii) any interaction between you and another third party, (iv) any interaction between an you, including, without limitation, and a caregiver, and another third party, (v) any actual or alleged violation by you of the intellectual property, privacy or other rights of a third party; and (vi) any dispute between you and another party regarding ownership of or access to Your Data. Happy Helpers LLC reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.

12. Termination:

a. Happy Helpers CO LLC reserves the right to suspend or terminate your access to our services at any time if you violate any terms of this Agreement.

b. You can terminate your use of our services at any time by notifying Happy Helpers LLC in writing that you wish to terminate your account.

13. Intellectual Property:

a. All content and materials created by our company are protected by copyright and intellectual property laws.

b. You may not use, reproduce, or distribute any content from our company without our explicit permission.

14. Changes to Terms:

Happy Helpers LLC reserves the right to update or modify these terms from time to time. Users will be notified of any changes by the Terms and Conditions being updated on our website happyhelpersco.com. Continued use of our services indicates acceptance of the revised terms.

15. Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of Colorado. Any disputes arising from this Agreement shall be resolved through arbitration in accordance with the rules of a local arbitration association.

By using the childcare services provided by Happy Helpers LLC, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.