Terms of Service

1. Introduction & Acceptance

Welcome to HomeNest. These Terms of Service ("Terms") govern your use of our property management services and website. By accessing, using, or signing up for HomeNest services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our services.

HomeNest operates as a professional property management company dedicated to maximizing rental income while minimizing the operational burdens for property owners. Our services are provided strictly in accordance with this agreement.

2. Definitions

• "Owner" refers to the individual or entity that holds title to a rental property and engages HomeNest for management services.
• "Tenant" refers to any individual or entity occupying a managed property under a lease agreement.
• "Services" refers to the comprehensive property management, leasing, maintenance, and administrative services provided by HomeNest.
• "Managed Property" refers to any real estate asset included in the Owner's management portfolio with HomeNest.
• "Effective Date" refers to the date these Terms become active for the Owner, typically upon execution of the Property Management Agreement.

3. Scope of Services

HomeNest provides a suite of professional management services, which may include but are not limited to:

• Property marketing, tenant screening, and lease execution
• Rent collection, financial reporting, and disbursement to Owner
• 24/7 maintenance coordination and vendor management
• Legal compliance, fair housing adherence, and eviction proceedings (where applicable)
• Regular property inspections and performance analytics

Specific services are detailed in the individual Property Management Agreement signed by the Owner. HomeNest reserves the right to update service offerings and pricing with prior notice.

4. Owner Obligations

To ensure successful management, Owners agree to:

1. Provide accurate property information, access to premises, and necessary legal documents.
2. Maintain adequate property insurance and comply with local building codes.
3. Respond promptly to HomeNest requests regarding maintenance approvals or emergency decisions.
4. Pay management fees and approved expenses within the timelines specified in the Service Agreement.
5. Authorize HomeNest to act as their agent in all matters related to the Managed Property, within the scope of the Agreement.

5. Fees & Payments

HomeNest charges a management fee calculated as a percentage of collected rental income, as outlined in your selected plan. Additional fees may apply for leasing, late rent processing, or extraordinary maintenance requests not pre-approved.

All payments are processed monthly. Owners will receive detailed financial statements. Unpaid fees may result in suspension of services or termination of the management contract per Section 6.

6. Term & Termination

This Agreement begins on the Effective Date and continues until terminated by either party. Standard management contracts run for a minimum term of 12 months.

Either party may terminate for material breach with 30 days written notice and an opportunity to cure. Immediate termination may occur in cases of illegal activity, fraud, or failure to maintain insurance. Upon termination, HomeNest will transfer all records, keys, and remaining funds within 30 business days, subject to outstanding fee obligations.

7. Limitation of Liability

HomeNest acts as a professional management agent and is not liable for:

• Property damage, theft, or personal injury not resulting from HomeNest's gross negligence or willful misconduct.
• Tenant behavior, lease violations, or non-payment of rent beyond reasonable collection efforts.
• Acts of God, government regulations, or market fluctuations affecting property value or rental income.

HomeNest's total liability under these Terms shall not exceed the total management fees paid by the Owner in the preceding six months.

8. Indemnification

The Owner agrees to indemnify, defend, and hold harmless HomeNest, its officers, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

• Owner's negligence, misrepresentation, or breach of this Agreement.
• Pre-existing property conditions not disclosed to HomeNest.
• Unauthorized actions taken by the Owner that contradict management instructions.

9. Dispute Resolution

In the event of a dispute, both parties agree to first attempt good-faith negotiation. If unresolved within 30 days, disputes shall be settled through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in the county where the Managed Property is located.

Class actions and jury trials are waived. Neither party may consolidate disputes or participate in a class arbitration.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state in which the Managed Property is located, without regard to its conflict of law provisions. Federal laws may apply where specified.

11. Modifications

HomeNest reserves the right to modify these Terms at any time. Material changes will be communicated via email or through the owner portal 30 days before the effective date. Continued use of services following such notice constitutes acceptance of the revised Terms.

12. Contact Information

For questions regarding these Terms, service inquiries, or legal notices, please contact:

HomeNest Property Management
Legal & Compliance Department
123 Property Lane, Suite 100
Email: legal@homenest.com
Phone: (555) 123-4567
Hours: Monday–Friday, 9:00 AM – 6:00 PM (Local Time)

Thank you for choosing HomeNest. We are committed to transparency, professionalism, and the success of your real estate investments.