This Property Owner’s Agreement and Terms of Service ("Agreement") is entered into by and between Hytio, LLC (hereinafter "Hytio") and the Property Owner or "Homeowner".
The Property Owner explicitly acknowledges and agrees that Hytio is a software-as-a-service (SaaS) and technology platform that connects property owners with independent, third-party maintenance service providers (hereinafter "Service Providers").
Hytio is not a general contractor, construction manager, or maintenance company. Hytio does not perform maintenance services, nor does it employ, manage, or supervise the Service Providers who accept jobs through the platform.
The Property Owner enters into a direct contractual relationship with the Service Provider for the execution of physical work. Hytio is not a party to that separate contract.
Payment Facilitation: Property Owner agrees to pay all fees, labor costs, and material expenses incurred for work ordered through the Hytio platform. Hytio acts as the payment collection agent for the Service Provider.
Pre-Authorization: Property Owner authorizes Hytio to place a temporary hold, pre-authorization, or deposit requirement on their designated payment method (e.g., credit card/ACH) upon submitting a work order.
Final Payment: Upon completion of the work order, the Property Owner authorizes Hytio to immediately charge the full amount due.
Consequences of Non-Payment: If a payment fails or is fraudulent, the Property Owner remains directly liable to the Service Provider for the outstanding balance. Property Owner acknowledges that failure to pay may result in the Service Provider pursuing legal remedies, collections, or placing a mechanic's lien against the property under Ohio law, and Hytio will fully cooperate by providing transaction logs to the Service Provider.
Protection Against Rate Discrepancies: Property Owner agrees to pay the final amount calculated by the platform based on these locked rates. Neither Hytio nor the Property Owner shall be bound by any verbal or off-platform pricing changes attempted by a Service Provider on-site. Any unexpected requests for additional labor or material costs not captured by the initial work order must be submitted and approved as a supplemental work order through the Hytio platform prior to the work being performed.
Exclusivity of Platform: Property Owner agrees to book, schedule, manage, and pay for all maintenance services with Service Providers introduced via Hytio exclusively through the Hytio platform. Property Owner shall not propose, offer, or make direct payments (via cash, check, Venmo, or other off-platform means) to any Service Provider for jobs initiated on Hytio. Service Provider agrees to immediately report to Hytio any instance where a Property Owner requests or suggests performing work or making payments outside of the platform.
Guaranteed Platform Fee: Property Owner acknowledges that Hytio provides a valuable service by facilitating scheduling and payment infrastructure. Even if a dispute arises between the Property Owner and a Service Provider regarding the physical work, or if the parties attempt to bypass the system to complete the job offline, Hytio remains entitled to its full compensation for the work order.
Circumvention Penalty: If the Property Owner bypasses the Hytio platform to work with or pay a Hytio-introduced Service Provider directly, the Property Owner shall be held jointly and severally liable to Hytio for the full cost of the work order and associated invoicing according to Hytio's standard practices, as well as an administrative circumvention fee. Hytio is authorized to immediately charge the Property Owner’s payment method on file for these amounts.
Access: The Property Owner agrees to provide the Service Provider with safe and reasonable access to the property at the scheduled times to complete the work.
Safe Environment: Property Owner certifies that the property is free from hidden hazards, dangerous conditions, or unrestrained animals that could cause injury to the Service Provider or their personnel.
Homeowner Insurance: Property Owner represents that they maintain standard homeowner’s insurance or commercial property insurance covering premises liability.
As-Is Platform: Hytio provides its scheduling and payment platform on an "as-is" basis. Hytio makes no guarantees or warranties regarding the quality, safety, legality, timeliness, or completion of the physical work performed by independent Service Providers.
Property Damage & Defective Work: Property Owner agrees to look solely to the Service Provider for any claims, lawsuits, or financial recourse regarding property damage, bodily injury, or poor workmanship.
Cap on Liability: In no event shall Hytio's total liability to the Property Owner for any platform-related issues exceed the total amount of platform facilitation fees actually retained by Hytio from the specific job in question.
The Property Owner agrees to indemnify, defend, and hold harmless Hytio, its officers, directors, and employees from any and all claims, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising out of:
Hytio reserves the right to suspend or terminate the Property Owner’s account at any time, with or without cause, including for patterns of late payment, cancellation of jobs without notice, or abusive behavior toward Service Providers. Property Owner remains liable for any outstanding balances for work already completed prior to termination.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Any disputes arising out of this Agreement that cannot be resolved amicably shall be settled by binding arbitration in Columbus, Ohio.
Questions regarding these terms? Email [email protected].