Terms of Service – Ray's Home Services

Last Updated: May 16, 2025

Business: Ray Rivera, sole proprietor, doing business as Ray's Home Services ("Company," "we," "us," or "our")
Address: 18563 Caminito Pasadero, Unit 405, San Diego, CA 92128
Contact: [email protected]

PLEASE READ THESE TERMS CAREFULLY. By submitting a service request, checking a box, clicking "Submit" or "I Accept," scheduling a service, or communicating with us for the purpose of obtaining a quote or booking—whether through our website, by phone, by email, or by text message—you are entering into a legally binding agreement with Ray Rivera dba Ray's Home Services. These Terms of Service ("Terms") govern all services we provide. If you do not agree to be bound by these Terms, do not use our services. Your electronic acceptance has the same legal force and effect as a handwritten signature pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable California law.

1. Scope of Services

Ray's Home Services provides residential and commercial labor services in San Diego County, California. Out-of-county service is available on a case-by-case basis, primarily for moving jobs. Our core service categories are defined below. Any tasks not expressly included are outside the scope of service unless agreed in writing.

a. Junk Removal: Removal and disposal of unwanted household or commercial items, furniture, appliances, debris, and general junk from the client's property. Pricing is based on estimated load size provided at booking; final pricing may be adjusted upon arrival based on actual volume. We load, haul, and dispose of items at licensed facilities. Standard junk removal does not include removal of hazardous materials, biohazards, or items requiring special permits (see Service Exclusions). Client is responsible for ensuring items are accessible and ready for removal.

b. Moving Services: Local and out-of-county relocation assistance including loading, transport, and unloading of household or office contents. We provide labor and a truck. We will exercise reasonable care with all items; however, we are not a licensed motor carrier and standard moving valuation applies (see Damage and Liability). Client is responsible for providing accurate information about origin and destination addresses, stair access, elevators, parking restrictions, and special handling requirements prior to booking. Moving service scope is limited to what is described and agreed at the time of booking.

c. Furniture Assembly: Assembly of flat-pack, boxed, or disassembled furniture items including but not limited to IKEA and similar brands, outdoor/patio furniture, and other consumer goods. We follow manufacturer instructions where provided. We are not responsible for items with missing parts, damaged components, defective manufacturing, or incomplete instruction sets. If assembly cannot be completed due to manufacturer defects or missing hardware, a service fee for time on-site still applies.

d. Delivery Services: Pickup and delivery of items within San Diego County (and out-of-area by arrangement). Delivery options include curbside drop-off, inside placement (ground floor), and white glove service (placement, setup, and packaging removal). The delivery destination address provided by the client at booking is the service address. Pickup location must be disclosed at booking. Pricing varies by item size, delivery type, and stair/access requirements, all of which must be accurately disclosed.

e. Other Services: We accept requests for services not listed above on a case-by-case basis. Scope, pricing, and any limitations will be agreed upon prior to service. These Terms apply to all such services.

2. Service Exclusions

For safety and legal reasons, Ray's Home Services will NOT handle the following under any service category:

a. Hazardous Materials: We do not remove, transport, or handle hazardous waste, chemicals, asbestos, lead-based materials, motor oil, paint, propane tanks, or any item classified as hazardous under federal, state, or local law. Discovery of such items on-site may result in service termination; a minimum fee may still be charged for time and travel.

b. Biohazards: We do not handle human or animal waste, blood, bodily fluids, used needles, or any biologically contaminated material. If such conditions are encountered, work will stop and the client will be notified. Biohazard cleanup requires licensed specialists.

c. Excessive Weight: Our team will not move, lift, or carry single items exceeding 300 lbs without prior written arrangement and appropriate equipment. Items requiring cranes, forklifts, or specialty rigging are outside our scope.

d. Prohibited or Illegal Items: We will not transport, move, or remove any item whose possession, transport, or disposal is prohibited by law, including firearms without proper licensing, illegal substances, or stolen goods.

e. Structural or Utility Work: We do not perform any tasks requiring licensed contractors, including but not limited to plumbing, electrical, gas disconnection, HVAC, demolition, or structural modification.

f. Animals and Living Things: We do not transport pets, livestock, or plants as part of any service.

If any of the above conditions are discovered at the time of service, we reserve the right to decline or halt the job. A minimum fee may apply. The client will not be entitled to a full refund of any deposit in such cases.

3. Booking, Scheduling, and Access

a. Service Area: We primarily serve San Diego County. Out-of-county service is available for moving jobs by prior arrangement and may include a travel surcharge.

b. Scheduling: Services are booked per job. Scheduling is subject to availability. Rush or same-day requests may incur additional fees. We strive to arrive within the agreed time window; however, arrival times are estimates and not guarantees.

c. Accurate Information Required: The client is responsible for providing accurate job details at booking, including item descriptions, quantities, estimated load size, access conditions (stairs, elevators, long carry distances), parking restrictions, and any factors that could affect pricing or job duration. Misrepresentation of job scope may result in adjusted pricing upon arrival or cancellation with a minimum fee charged.

d. Client Access Responsibilities: The client must ensure our team has safe and prompt access to the property at the scheduled time. If access is not available within 15 minutes of arrival, a lockout fee up to the full service cost may be charged.

e. Cancellation and Rescheduling: Cancellations must be made at least 24 hours before the scheduled service. Cancellations with less than 24 hours notice will incur a cancellation fee of up to 50% of the estimated service cost, or a flat $50 minimum, whichever is greater. Same-day cancellations or no-shows may be charged up to the full estimated service cost. We will make every effort to accommodate rescheduling requests with adequate notice at no additional charge.

f. Company Cancellations: If we must cancel due to an emergency, weather, or unforeseen circumstance, we will notify the client as soon as possible and offer a rescheduled appointment. No cancellation fee will be charged to the client in such cases.

g. Repeat No-Shows: Clients who cancel or fail to show more than twice within a 60-day period may be required to prepay or may be refused future bookings at our discretion.

4. Client Responsibilities

a. Safe Environment: The client must provide a safe and non-hazardous working environment. If our team encounters unsafe conditions—including structural hazards, aggressive animals, dangerous individuals, or exposure to hazardous materials—work will be stopped. A minimum service fee may apply for time and travel incurred.

b. Item Preparation: For junk removal, items should be identified and separated prior to our arrival. For moving services, the client is responsible for packing all boxes and containers unless otherwise agreed. For assembly, the client should have all boxes and manufacturer hardware available and accessible. For delivery, the client must ensure the pickup location is accessible and the item is ready for transport.

c. Fragile and High-Value Items: It is the client's responsibility to inform us of any particularly fragile, irreplaceable, or high-value items that require special handling. We will exercise additional care when informed; however, we are not liable for damage to items not disclosed as fragile prior to service. The client assumes all risk for items of extraordinary value, including antiques, art, jewelry, and collectibles.

d. Pet Control: Pets must be secured during service. We are not responsible for pets that escape during service, and the client assumes liability for any pet-related incident on-site.

e. False or Withheld Information: If the client knowingly withholds or misrepresents material information (e.g., hazardous items, access issues, actual item quantities), we reserve the right to terminate service and charge for time incurred. Future service may be declined.

f. Professional Conduct: All persons on-site must treat our team with respect. Harassment, threats, intimidation, or abusive behavior toward our staff will result in immediate termination of service; the client will be billed for the full estimated cost. We reserve the right to refuse future service to any client who creates a hostile environment.

5. Fees and Payment

a. Pricing and Quotes: Quotes are based on information provided by the client. Final billing reflects actual scope and conditions at the time of service. If job conditions differ materially from what was described (e.g., more items than estimated, additional floors, long carries), pricing may be adjusted. We will communicate any adjustment before or during service when possible.

b. Additional Fees: The following may result in charges beyond the base rate: rush or same-day service (typically 20–30% surcharge); excessive weight or oversized items; stair/elevator carries beyond what was disclosed; long carry distances; extra stops; wait time beyond 15 minutes; disposal fees for specialty items; and out-of-county travel.

c. Payment Methods: We accept credit/debit cards, Zelle, Venmo, cash, and other digital payment methods as available. Payment is due upon completion of service unless other terms are agreed in writing. For large jobs, a deposit may be required to hold the appointment.

d. Late Payments: Invoices not paid within 48 hours of service completion are past due. Past-due balances may accrue a late fee of $25 or 5% of the invoice, whichever is greater, and interest at 1.5% per month (18% annually) until paid in full.

e. Deposits: For large or complex jobs, we reserve the right to require a deposit prior to scheduling. Deposits are non-refundable if the client cancels with less than 24 hours notice.

f. Collections: Invoices unpaid beyond 30 days may be referred to a collections agency or attorney. The client is responsible for all costs of collection, including reasonable attorneys' fees. We reserve the right to pursue all legal remedies available under California law.

g. Disputed Charges: If you believe a charge is incorrect, contact us within 24 hours of service. We will investigate in good faith. Initiating a chargeback without contacting us first is considered a breach of these Terms. We maintain documentation of all services, including photos, to contest unwarranted chargebacks.

6. Service Completion, Acceptance, and Disputes

a. Photo Documentation: Upon completion of each job, we may photograph the work area to document completion and condition. These photos may be shared with the client and serve as evidence of service delivery.

b. 24-Hour Review Period: Any concerns about service quality must be reported in writing (email or text) within 24 hours of service completion, with photos and a description of the issue. If no concern is raised within 24 hours, the service is deemed accepted and satisfactory. No refunds or credits will be issued for issues reported after this window.

c. Remedies: If a valid concern is raised within the review period, our remedy will be, at our discretion: returning to address the issue at no additional cost, providing a credit toward future service, or a partial refund in exceptional cases. We do not issue refunds for services rendered as agreed but which did not meet subjective personal preferences outside our stated scope.

d. No Retroactive Disputes: Payment of an invoice constitutes acceptance of the services rendered under that invoice. Post-payment disputes will not be accepted unless a material error can be demonstrated within the 24-hour review window.

7. Damage, Liability, and Indemnification

a. Our Responsibility: We take reasonable care with all client property. If our team causes damage to an item or property, you must notify us in writing within 72 hours of service with photos and an explanation. We will investigate in good faith and, if we determine our team was responsible, will repair or replace the item at fair market value, or provide appropriate compensation at our discretion.

b. Moving Valuation: For moving services, our standard liability is limited to $0.60 per pound per item (standard released valuation), unless a higher valuation is agreed in writing before service. This is the industry-standard rate for non-licensed carriers. We strongly encourage clients to carry appropriate homeowner's, renter's, or moving insurance for high-value items.

c. Exclusions: We are not responsible for damage resulting from: pre-existing conditions or fragile items not disclosed prior to service; items packed by the client; items with inadequate packaging; flat-pack furniture or items with pre-existing assembly defects; normal wear and tear; or client-directed actions we advised against.

d. Liability Cap: To the fullest extent permitted by California law, our total liability for any claim arising from a service is limited to the amount paid by the client for that specific service. We are not liable for indirect, consequential, incidental, or punitive damages, including loss of income or opportunity.

e. Indemnification: The client agrees to defend, indemnify, and hold harmless Ray Rivera dba Ray's Home Services and any affiliated staff from and against any third-party claims, damages, or losses arising from: (a) conditions of the client's property unrelated to our negligence; (b) the client's failure to disclose hazardous or unsafe conditions; (c) claims by third parties present at the property during service; or (d) client breach of these Terms.

8. Termination of Service

Either party may terminate the service relationship at any time. Cancellation fees apply as described in Section 3. Upon termination, any outstanding balance is immediately due. We reserve the right to refuse or discontinue service to any client who violates these Terms, creates unsafe conditions, or consistently fails to pay. We will not refuse service on any unlawful discriminatory basis.

9. Dispute Resolution and Arbitration

a. Governing Law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles. The Federal Arbitration Act governs interpretation and enforcement of the arbitration provision below.

b. Good-Faith Resolution: Before initiating any formal dispute, both parties agree to attempt to resolve the matter informally by contacting us at [email protected]. Most issues can be resolved with a direct conversation.

c. Binding Arbitration: Any dispute, claim, or controversy arising from or relating to these Terms or our services shall be resolved by binding arbitration on an individual basis in San Diego, California, administered by the American Arbitration Association (AAA) under its applicable rules. You and we waive the right to a jury trial. The arbitrator shall apply California law and issue a written decision. Judgment may be entered in any court of competent jurisdiction.

d. No Class Actions: All disputes must be brought on an individual basis. Neither party may bring or participate in any class, collective, or representative action.

e. Small Claims Exception: Either party may bring qualifying claims in San Diego County Small Claims Court in lieu of arbitration.

f. Opt-Out: You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your full name and a clear statement of opt-out. Opting out does not affect any other provision of these Terms.

g. Venue for Litigation: If a dispute proceeds to court, venue is exclusively in San Diego County, California. Both parties consent to personal jurisdiction in such courts. Any action must be filed within one (1) year of the underlying cause of action.

10. Miscellaneous

a. Entire Agreement: These Terms constitute the entire agreement between the client and Ray's Home Services regarding services, superseding all prior discussions and representations.

b. Amendments: We may update these Terms at any time. Changes will be posted at rayshomeservices.com/terms-of-service. Continued use of our services after an update constitutes acceptance.

c. Severability: If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

d. No Waiver: Failure to enforce any provision does not constitute a waiver of that right.

e. Independent Contractor: Ray's Home Services operates as an independent contractor. No employment, partnership, joint venture, or agency relationship is created by these Terms.

f. Consent to Communications: By using our services, you consent to receive communications from us via email, phone, and text message regarding your service, scheduling, and follow-up. You may opt out of marketing messages at any time by replying STOP to any text or contacting us directly.

g. Force Majeure: We are not liable for failure to perform due to circumstances beyond our reasonable control, including weather events, natural disasters, traffic, or other unforeseen conditions.

h. Contact: For questions or legal notices: [email protected] | 18563 Caminito Pasadero, Unit 405, San Diego, CA 92128

By submitting a service request, checking an agreement box, or proceeding with any booking, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service. Your electronic acceptance constitutes a valid signature under the E-SIGN Act and applicable California law.