CITYMOVERSPRO TERMS AND CONDITIONS
This Agreement is entered into by and between the customer (“Customer”) and CityMovers LLC. (“Company”), a moving broker.
1. SERVICES
The Company agrees to provide the services outlined in the Customer’s service agreement, which may include, but are not limited to, professional door-to-door service, expert advice and guidance, disassembly and reassembly of furniture, wrapping of furniture, itemized inventory, loading and unloading of goods, and transportation.
2. PAYMENT TERMS
The Customer agrees to pay the total charges for the moving services provided by the Company. The deposit fee is non-refundable after 24 hours of placing the reservation. All requests to change the pick-up date or place the move on hold must be made at least 7 business days prior to the first available pickup date.
3. LIMITATION OF LIABILITY
The Company acts as a moving coordinator/shipper agent/broker and is not responsible for any acts or omissions of the carrier or its employees or agents. The Customer must pursue the carrier for all claims for property damage and personal injury or death.
4. DISPUTE RESOLUTION
Any dispute arising out of or relating to this Agreement shall be brought in the courts of record of the State of Wyoming or the Court of the United States, in Sheridan Wyoming.
5. AMENDMENTS
This Agreement may not be amended, supplemented or waived orally, but only in writing, signed by both the Company and the Customer and making specific reference to this Agreement.
6. ASSIGNMENT
The Customer may not assign its rights or obligations under this Agreement without the prior written consent of the Company.
7. GOVERNING LAW
This Agreement shall be governed by the internal laws of the State of Wyoming without regard to the principles of conflicts of law.
8. INDEMNIFICATION
The Customer shall indemnify and hold harmless the Company, its shareholders, directors, officers, employees, agents and affiliates from and against any and all actions, claims, suits, liabilities, proceedings, penalties, fines, costs, and expenses (including all reasonable attorney fees) relating directly or indirectly from any breach of this Agreement by the Customer.
9. CANCELLATION POLICY
If the Customer wishes to cancel their move with the Company, written notification must be sent to: info@citymoverspro.com. Cancellation requests received within 24 hours of signing the original agreement with the Company will receive a full refund, minus admin fees. Cancellation requests received after the 24-hour grace period are non-refundable, however; the deposit may be applied to a future move with the Company within 24 months (2 years) from the date of the original signed agreement.
10. BINDING AGREEMENT
The Customer agrees that by allowing a carrier designated by the Company to pick up the Customer’s belongings, they expressly agree and consent to the terms contained in this Agreement.
11. ARBITRATION
Any dispute arising out of or relating to this Agreement shall be resolved through the Motor Carrier Neutral Arbitration Program. Arbitration is an alternative to courtroom litigation and provides each party to the dispute the opportunity to present their cases and allows a neutral third-party arbitrator to make decisions as to the merit of each side’s case.
12. PAYMENT METHODS
Upon booking, up to 50% deposit fee is required to be paid by Zelle, ACH and wire transfer into the Company account. Upon pickup, the carrier may collect up to 70% of the remaining balance. Payment will be due in the form of cash or postal money order. The remaining balance must be paid in full upon delivery by cash or postal money order.
13. JURY TRIAL WAIVER
The Customer hereby knowingly, voluntarily, and intentionally waives the right to a trial by jury in respect of any litigation based hereon, or arising out of, under or in connection with the goods and services obtained hereunder, the move, or any course of conduct, course of dealing, statements (verbal or written) or actions of the Company or the mover.
14. DISPUTE RESOLUTION
The Company requires that the Customer must first attempt to resolve all disputes in writing, directly with the Company, prior to initializing a dispute/reversal with their issuing credit card provider.
15. DEFAMATION
The Customer agrees not to express their concerns or experiences with the Company in a manner that may damage the Company’s upstanding name and reputation in a public forum. Any defamation, vilification, or traducement made will result in an immediate forfeiture of the Customer’s deposit and their immediate denouncement of any claims made against the Company.
16. SERVICE FAILURE
In the event of a service failure, the Customer must provide notice of any service failure made by the Company in writing to: info@citymoverspro.com. The Customer agrees that failure to provide written documentation claiming that the terms and conditions were not adhered to by the Company forfeits the right to dispute this claim with their issuing card provider.
17. SERVICE DENIAL
The Customer agrees that any refusal or denial of service, either verbally in person or over the phone, will be treated as a late cancellation made outside of the cancellation window. No refund will be issued if the Customer refuses or denies service on the day of pick up.
18. ESTIMATED COSTS
The Customer has elected a “Binding to Not Exceed” price, the total cost will not exceed the estimated amount; provided, however, that the Customer provides the Company with an accurate description of the items to be moved and the services to be performed.
19. BINDING AGREEMENT
In signing this Agreement, the Customer agrees that the Company has provided a dated copy of the estimate and charges at the time the Customer signed the Agreement. The Company has provided the Customer with notification of the methods of payment required to pay the motor carrier for balances due.
20. ENTIRE AGREEMENT
This Agreement, including the terms and conditions contained herein, represents the entire understanding and agreement between the Company and the Customer with respect to the subject matter hereof and supersedes all other negotiations, understandings, and representations (if any) made by and between such parties.
21. AMENDMENTS AND WAIVERS
No amendment or waiver of any provision of this Agreement, nor consent to any departure by the Customer therefrom, shall be effective unless in writing and signed by the Company, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.
22. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
23. FORCE MAJEURE
The Company shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
24. INDEMNIFICATION
The Customer agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by the Indemnified Party, relating to any claim of a third party or the Company arising out of or occurring in connection with the services purchased from the Company or the Customer’s negligence, willful misconduct or breach of this Agreement.
25. GOVERNING LAW AND VENUE
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Wyoming, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
26. DISPUTE RESOLUTION AND BINDING ARBITRATION
(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES FROM THE COMPANY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
27. NO WAIVERS
The failure by the Company to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
28. NO THIRD-PARTY BENEFICIARIES
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 any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
29. CUSTOMER ACKNOWLEDGEMENT
The Customer acknowledges that they have not relied on any service involving the Company and the Customer has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained herein.
30. ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the prior written consent of the Company. Any assignment in violation of this section shall be void.
31. NOTICES
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid).
32. SEVERABILITY
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
33. SURVIVAL
Provisions of these Terms and Conditions, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Governing Law and Venue, Dispute Resolution and Binding Arbitration, and Survival.
34. ENTIRE AGREEMENT
This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
35. LIMITATION OF LIABILITY
In no event shall the Company be liable to the Customer or 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 the Company has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
36. INDEPENDENT CONTRACTORS
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
37. NO THIRD-PARTY BENEFICIARIES
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
38. AMENDMENTS
No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each party.
39. WAIVER
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
40. COUNTERPARTS
This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
INVOICE TERMS
Payment Terms: The total cost of the move will be divided into two payments. The first payment, a reservation deposit, is equal to 33% of the total cost and is due upon booking the move. The remaining balance is due on the day of the move.
Accepted Payment Methods: Payments can be made via Zelle, Venmo, ACH, or Wire Transfer. We do not accept checks, credit cards, or cash.
Late Payment: If the final payment is not received on the day of the move, a late fee may be applied. Please ensure that the final payment is ready to avoid any additional charges.
Additional Services: Any additional services requested on the day of the move will be added to the final invoice and must be paid on the day of the move.
Cancellation Policy: If the move is cancelled, the reservation deposit is non-refundable. Please refer to our cancellation policy for more details.
Disputes: In the event of a dispute, please refer to our dispute resolution policy as outlined in our Terms and Conditions.
Estimates and Final Invoice: The initial estimate provided is based on the information provided by the customer at the time of booking. The final invoice will reflect the actual services rendered and may vary from the initial estimate if additional services were required or if the move conditions changed.
Non-Payment: In case of non-payment, Moving R Us Movers LLC reserves the right to withhold delivery of the items until full payment is received. Additional storage fees may apply.
Damage Claims: Any claims for damaged items must be made in accordance with our damage claims policy as outlined in our Terms and Conditions. Please note that payment cannot be withheld due to damage claims.
Receipt of Payment: Upon receipt of the final payment, a receipt will be provided. Please keep this receipt for your records.
Taxes: All applicable taxes are included in the total cost of the move. If there are any changes in tax rates or new taxes applicable, these will be added to the final invoice.
Refunds: Refunds, if applicable, will be issued as per the refund policy outlined in our Terms and Conditions. Please note that the reservation deposit is non-refundable except as expressly provided in our refund policy.
Additional Costs: Please be aware that certain conditions such as accessibility issues, changes in inventory, or additional services requested may result in additional costs. These will be added to the final invoice.
Invoice Queries: If you have any questions or disputes regarding your invoice, please contact us within seven (7) days of receiving the invoice. We aim to resolve any invoice disputes quickly and efficiently.
Invoice Payment Confirmation: Upon receipt of payment, Moving R Us Movers LLC will provide a confirmation of payment. Please retain this confirmation for your records.
Force Majeure: Moving R Us Movers LLC shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event.
Governing Law: These invoice terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the State of Wyoming.
Dispute Resolution: Any disputes arising out of these invoice terms will be resolved as per the dispute resolution mechanism outlined in our Terms and Conditions.
Amendments: Moving R Us Movers LLC reserves the right to change these invoice terms at any time. Any changes will be communicated to the customer in a timely manner.
Acceptance of Terms: By making a payment to Moving R Us Movers LLC, the customer agrees to these invoice terms.
Confidentiality: All financial information and payment details provided by the customer will be kept confidential and used solely for the purpose of processing the payment.
Security: Moving R Us Movers LLC is committed to ensuring the security of your information. We have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect.
Liability: Moving R Us Movers LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.
Entire Agreement: These invoice terms, together with our Terms and Conditions and any other legal notices published by Moving R Us Movers LLC, shall constitute the entire agreement between you and Moving R Us Movers LLC concerning our services.
Contact Information: If you have any questions or concerns about these invoice terms, please contact us at the contact information provided in our Terms and Conditions.
Waiver and Severability: The failure of Moving R Us Movers LLC to enforce any right or provision of these invoice terms will not be deemed a waiver of such right or provision. In the event that any provision of these invoice terms is held to be invalid or unenforceable, the remaining provisions of these invoice terms will remain in full force and effect.
Non-Transferability: The contract for the move is non-transferable. The customer may not assign or transfer this contract or any of the rights or obligations under these invoice terms, without the prior written consent of Moving R Us Movers LLC.
Third-Party Services: If the customer chooses to use third-party services, separate terms and conditions of those third-party services may apply. Moving R Us Movers LLC is not responsible for any third-party services or for any act or omission of the third-party service provider.
Updates to Invoice Terms: Moving R Us Movers LLC reserves the right to update or modify these invoice terms at any time. The customer will be notified of any significant changes.
Acceptance: By making a payment, the customer acknowledges that they have read, understood, and agreed to be bound by these invoice terms.
Currency: All prices and charges mentioned in the invoice are in US dollars unless otherwise specified.
Late Payment: In case of late payment, Moving R Us Movers LLC reserves the right to charge a late fee as per the terms outlined in our Terms and Conditions.
Payment Disputes: In the event of a payment dispute, the customer agrees to attempt to resolve the dispute with Moving R Us Movers LLC directly before involving third-party intermediaries.
Payment Confirmation: Upon successful payment, a payment confirmation will be sent to the customer. This confirmation serves as proof of payment and should be kept for future reference.
Payment Method Changes: If the customer wishes to change their payment method, they must inform Moving R Us Movers LLC in advance and receive confirmation of the change.
Payment Errors: If an error is noticed on the invoice, the customer should immediately contact Moving R Us Movers LLC to rectify the error.
Interest on Late Payments: If payment is not made by the due date, Moving R Us Movers LLC reserves the right to charge interest on the overdue amount at a rate of 1.5% per month or the highest rate permitted by law, whichever is lower.
Collection Costs: In the event that Moving R Us Movers LLC has to engage a collection agency or attorney to collect unpaid amounts, the customer agrees to pay all reasonable costs of collection, including attorney’s fees.
Payment Verification: Moving R Us Movers LLC reserves the right to verify the payment details provided by the customer for the purpose of preventing fraudulent transactions.
Invoice Validity: The invoice is valid only for the date and move specified. Any changes to the move date or details may result in a revised invoice.
Final Payment: The balance due must be paid in full on the day of the move. Failure to do so may result in additional charges or delay in services.
Refunds: In the event of a cancellation, refunds will be issued as per the cancellation policy outlined in our Terms and Conditions.
Invoice Discrepancies: Any discrepancies in the invoice should be reported to Moving R Us Movers LLC within 5 business days of receipt of the invoice.
Tax Responsibility: Unless otherwise stated, all prices are exclusive of all taxes, levies, or duties imposed by taxing authorities. The customer is responsible for payment of all such taxes, levies, or duties.
Invoice Queries: For any queries related to the invoice, the customer can contact Moving R Us Movers LLC at the contact details provided in our Terms and Conditions.
Invoice Acceptance: The customer’s payment of the invoice will be deemed as acceptance of the invoice in our terms and conditions
Force Majeure: Moving R Us Movers LLC shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Governing Law: These invoice terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of the State of Wyoming.
Jurisdiction: The courts of Wyoming will have exclusive jurisdiction over any claim arising from, or related to, these invoice terms.
Acknowledgement: By making a payment, the customer acknowledges that they have read, understood, and agreed to these invoice terms.