Terms of Service & Client Agreement

1. Definition and Scope of Services

1.1. What is Home Watch: Home Watch is defined as a periodic visual inspection of a home or property, looking for obvious issues. Our primary focus is on preventive care, which includes climate control (15–30 minutes of cross-ventilation), cycling plumbing (flushing toilets, running dishwashers and washing machines), checking water heater operation, running vehicles, and conducting post-storm visual exterior checks.

1.2. Service Limitations (What We Are NOT): To avoid any misunderstanding, our services are strictly limited to the following definitions:

• Not a Security Service: We are not a traditional security or alarm company. While we visually check for signs of unauthorized entry, we do not provide armed guards or continuous surveillance. We are not liable for break-ins, theft, or vandalism.
• Not Property Management: We do not act as a rental agency. We do not seek tenants, collect rent, or manage guest relations for income-producing short-term rentals (Alojamento Local).
• Not House Sitting: Our team members do not live, sleep, or stay overnight in your home, nor do we perform daily tasks such as feeding pets. We visit only for scheduled inspections.

2. Limitation of Liability and Exclusions

2.1. Unforeseen Events: While our experience and attention to detail minimize potential damage, Madeira Home Watch cannot prevent all unforeseen events. We are not liable for damages that occur between our scheduled visits, including but not limited to sudden pipe bursts, electrical fires, or appliance failures.

2.2. Climate, Damp, and Mould: Damp and mould are common issues in many Portuguese homes due to older construction, poor structural insulation, and the highly humid climate of Madeira. While we actively manage dehumidifiers and provide regular cross-ventilation, we are not liable for the development of damp, mould, or mildew.

2.3. Acts of God: We bear no financial responsibility for damages caused by "Acts of God," including severe island storms, earthquakes, floods, or fallen trees.

2.4. Liability Cap: In any event, our maximum liability for any claim arising from our services—unless covered by our Private Liability Insurance— shall not exceed the total amount of fees paid by the Client to Madeira Home Watch in the three (3) months preceding the incident.

3. Emergency Maintenance Authorization

3.1. Proactive Intervention: If a critical emergency is discovered during an inspection (e.g., active water leak, broken window after a storm), and we are unable to reach the Client immediately, the Client authorizes Madeira Home Watch to act on their behalf to mitigate further damage.

3.2. Emergency Fund: The Client authorizes us to hire emergency contractors (e.g., plumbers, locksmiths) and spend up to €300 without prior approval solely to stabilize the emergency. The Client agrees to reimburse these exact costs.

4. Vendor Management and Third-Party Liability

4.1. Zero Hidden Fees: As your Key Holder, we oversee vetted third-party contractors (gardeners, pool cleaners, repair crews). We guarantee no hidden fees, no preferred vendor markups, and no kickback schemes.

4.2. Third-Party Work: We act solely as a coordinator. The Client pays contractors directly. We are not a general contractor and do not warranty or assume liability for the quality of work, damages, or negligence caused by third-party vendors, even if we provided them access to the property.

5. Client Responsibilities

5.1. Active Utilities: The Client must maintain active utility services (electricity, water, internet) at all times. We cannot cycle appliances, run dehumidifiers, or verify smart home systems if utilities are disconnected.

5.2. Property Access: The Client agrees to provide functional keys and alarm codes. If we cannot access the property due to changed locks or malfunctioning gates not communicated to us, the scheduled visit will still be billed.

5.3. Occupancy Notification: Our inspections and associated liabilities are temporarily suspended if the property is occupied by the owner, guests, or unauthorized individuals.

6. Payment, Billing, and Transparent Pricing

6.1. Account Setup Fee: A one-time Account Setup Fee of €120 is required to cover comprehensive property onboarding and system mapping.

6.2. Extra Services (Time + Material): Any tasks requiring our physical presence outside of regularly scheduled visits (e.g., waiting for repair technicians or bespoke errands) are billed as Additional Labor at €100 per hour, billed in 15-minute increments.

6.3. Overtime and Holiday Rates:

• Overtime (1.5x): Applies outside regular business hours (Monday–Friday, 9:00–18:00) and all day on Saturdays.
• Double Time (2x): Applies on Sundays and all official Portuguese National and Madeira Regional Public Holidays (including but not limited to: New Year's Day, Freedom Day, Labor Day, Portugal Day, Madeira Day / Dia da Região Autónoma da Madeira, Assumption of Mary, Republic Day, All Saints' Day, Restoration of Independence, Immaculate Conception, and Christmas Day).

6.4. Value Added Tax (VAT / IVA): As per Portuguese tax regulations, all listed fees are subject to Value Added Tax (IVA) at the standard rate of 23%, unless otherwise specified.

7. Insurance

7.1. Premier Insurance Coverage: Our operations are backed by a premier Private Liability Insurance policy tailored for expats and foreign residents in Portugal, with coverage up to €1,000,000. This protects you against property damage caused directly by our team's proven negligence during a visit. Claims are subject to a deductible of 10% of the claim amount (minimum €50, maximum €1250).