Master Services Agreement
1. The Parties
This Agreement is between Home Watch IT, LLC ("HWIT"), a Texas limited liability company (12895 Josey Ln #124-1155, Dallas TX 75234), and you ("Customer") — the home watch professional signing up for the Services.
2. Services
This Agreement covers all HWIT software, tools, and support described in any Statement of Work (SOW) between us. If the scope changes, we'll document that in a new or amended SOW.
3. Term
This Agreement starts on the date you create your account and continues until terminated. Either party may terminate without cause on 60 days' written notice. Termination for cause (breach not cured within 10 business days) may happen immediately.
4. Platform & Third-Party Services UPDATED
HWIT delivers its Services using the following third-party platforms ("Sub-Processors"), all of which are bound by data protection agreements:
- AWS, Google Cloud, Supabase — cloud infrastructure & database
- OpenAI Ireland Ltd. — AI-powered document search
- SMTP2GO — automated email delivery
- Make.com (Celonis) — workflow automation
- MonitorQA — field reporting software (HWIT operates a master account; individual client accounts are created and managed under it; data is accessed by HWIT via API as part of the Services)
HWIT is not liable for outages, errors, or data issues originating within any Sub-Processor platform. The full Sub-Processor list and transfer mechanisms are at homewatchit.com/dpa.
Where you independently connect third-party tools (e.g. QuickBooks, Zoho, PennyLane, SafetyCulture), you are solely responsible for data protection compliance in respect of those integrations.
HWIT does not store your payment card or banking details. All payment processing is handled by your own integrated accounting system.
5. Fees & Payment
All work is billed at the prevailing rate or as quoted in a Fixed Fee or Time-based SOW. Prepaid amounts are non-refundable. Late balances accrue interest at 1.5% per month. You are responsible for any bank charges on returned items.
6. Platform Ownership
HWIT retains ownership of all custom configurations created within the platform. Your data remains yours at all times. Configurations may not be exported to another platform without HWIT's written permission.
7. Confidentiality
Both parties agree to keep each other's non-public business information confidential and not share it with third parties without written consent. This obligation survives termination. Your customer and financial data always remains your property.
8. Warranty
HWIT will deliver Services in accordance with general information technology industry standards. Any specific warranty for a project will be set out in the relevant SOW.
9. Limitation of Liability UPDATED
HWIT's liability for any damages is limited to the fees you have paid to HWIT as of the date of the alleged damages, excluding monthly subscription fees. HWIT is not liable for incidental, consequential, or punitive damages.
This limitation does not apply to: (a) either party's breach of the Data Processing Agreement or applicable data protection law; (b) death or personal injury caused by negligence; or (c) fraud.
10. Termination & Data Deletion UPDATED
On termination, you remain responsible for any outstanding fees. HWIT will continue providing Services during the notice period unless both parties agree otherwise.
Data deletion: Upon termination, HWIT will immediately permanently and securely delete all live Business Data. Residual copies held in encrypted backup systems are purged within 15 days. Written confirmation is available on request.
11. Data Processing NEW
Your role & ours: When you use HWIT to process personal data of your customers (homeowners), you are the data controller and HWIT is the data processor. Our Data Processing Agreement (DPA), published at homewatchit.com/dpa, governs this relationship and is incorporated into this Agreement by reference.
Your responsibilities as data controller:
- Have a lawful basis for all personal data you submit to the HWIT platform;
- Provide your customers with a privacy notice that discloses HWIT's role as data processor;
- Respond to data subject rights requests from your customers within legal timeframes;
- Notify HWIT promptly of any data subject request, regulator inquiry, or data breach relating to data in the HWIT platform;
- Not submit special category personal data (health, biometric, etc.) without prior written agreement.
HWIT's commitments:
- Process your customers' data only to deliver the Services;
- Notify you of a personal data breach within 48 hours of discovery;
- Delete all live Business Data immediately upon account termination, with residual backup copies purged within 15 days;
- Maintain Data Processing Agreements with all Sub-Processors.
12. Applicable Law UPDATED
Disputes are first submitted to good-faith discussion, then to arbitration under AAA Rules in Texas. This Agreement is governed by Texas law. For EU/UK customers: data protection matters are additionally governed by applicable EU and UK data protection law (GDPR / UK GDPR), regardless of the above.
13. General
HWIT may provide the same services to other customers. All notices may be sent by email. If any provision of this Agreement is unenforceable, the remainder continues in effect. This Agreement, any SOWs, and the DPA (where applicable) constitute the entire agreement between the parties.
12895 Josey Ln #124-1155, Dallas TX 75234, USA
info@homewatchit.com | +1 (214) 461-0166