These Terms & Conditions of Service constitute a legally binding Agreement, and includes “All Policy/Policies”, including, “Contract”, “Scope of Work” (SOW), “Work Order” (WO) / “Order Details” (OD), (collectively, “Order”), “Contract”, “Detailed Estimate Report”(DER), “Estimate Proposal”, “Finish Material Specifications”, “Material Selection Sheet”, “Change Work Order (CWO)”, Certificate of Services Rendered” (CSR), “Amendment(s)”, and/or “Attachment(s)”, other forms may apply, (collectively, “Agreement Documents”), in whole, (collectively the/this “Agreement”), between Customer/Buyer/Owner (“you”, “your”, “they”, “them”, “their”, “person”/includes plural/singular for all Customers involved, i.e.: spouse, partner, decision maker, guardian), etc.) and Pencils Remodeling & Handyman, LLC (“PR&H”, “we,” “us”, “our”, “ourselves”) governing your request to have PR&H as your Service Provider pertaining to the services requested by you as outlined in your Order/Agreement Documents, and your use of our Platform (Website/ SMS-Text/ Email/ Phone), (collectively, the “PR&H Platform” or “Platform”). Pencils Remodeling & Handyman, LLC (PR&H) also refers to, but is not limited to, “Business Owner”, “Members”, “Affiliates”, “Associates”, “General Contractor (GC)”, “Senior Handyman”, “Pros”, “Technicians”, “Certified Installers”, “Installers”, “Agents”, “Staff”, “Personnel”, “Crew”, “Helpers”, “Subcontractors” and “Team Members”.
Words in the singular include the plural, and those in the plural include the singular.
The definitions for some of the defined terms used in this Agreement are set forth below. The definitions for other defined terms are set forth elsewhere in this Agreement.
Modification to the Agreement
We reserve the right to change the availability of any feature, function or content relating to the Platform and/or to the Agreement, at any time, without notice or liability. RATES, FEE COSTS, PERCENTAGES, TERMS & CONDITIONS/POLICIES ARE SUBJECT TO CHANGE AT ANY TIME. Some restrictions apply.
In the event PR&H modifies this Agreement, such modifications shall be binding upon your continued use of the PR&H Platform and/or Services after any such changes are made and shall constitute your acceptance to such changes as made to date. PR&H reserves the right to modify any information referenced in the Agreement from time to time, and such modifications shall become effective upon posting. Some restrictions apply.
PLEASE READ THIS TERMS & CONDITIONS OF SERVICE, WHICH INCLUDES ALL POLICIES AS STATED ABOVE, IN ITS ENTIRETY BEFORE MAKING YOUR PAYMENT, AS BY MAKING ANY PAYMENT YOU ARE OTHERWISE MANIFESTING ASSENT TO THE AGREEMENT. YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS OF SERVICE, PAYMENT POLICY, CANCELLATION POLICY, CHARGE BACK POLICY, PRIVACY POLICY & ARBITRATION PROVISION OF THIS AGREEMENT UPON MAKING YOUR PAYMENT, WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE WITH OR CANNOT COMPLY WITH THE TERMS & CONDITIONS OF SERVICE & ALL POLICIES AS STATED HEREIN, PLEASE DO NOT BOOK/RESERVE YOUR SCHEDULE APPOINTMENT BY MAKING ANY PAYMENT. ANY PERSON EXECUTING THIS AGREEMENT ON YOUR BEHALF REPRESENTS THIS PERSON TO BE YOUR AUTHORIZED REPRESENTATIVE CAPABLE OF BEING A BINDING PERSON TO THIS AGREEMENT, AS YOU ARE.
BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT YOUR PAYMENT TRANSACTION AND “YES” STATEMENT UPON PAYMENT SERVES AS YOUR CONFIRMATION TO PROCEED IN BOOKING/RESERVING YOUR SCHEDULE APPOINTMENT AND THEREFORE SERVES AS YOUR WRITTEN ACCEPTANCE AND CONFIRMATION THAT YOU AGREE WITH THE TERMS & CONDITIONS OF SERVICE & POLICIES AS OUTLINED IN THIS AGREEMENT; YOU EXPRESSLY AGREE TO ADHERE TO THE AGREEMENT, WHICH INCLUDES THE WORK ORDER, ORDER/ ORDER DETAILS, CONTRACT, TERMS & CONDITIONS OF SERVICE, PAYMENT POLICY, CANCELLATION POLICY, CHARGE BACK POLICY, PRIVACY POLICY & THE ARBITRATION PROVISION (DISPUTE RESOLUTION PROVISION) AS OUTLINED IN THE AGREEMENT AND/OR IN ANY ATTACHMENTS.
YOU ACKNOWLEDGE THAT PR&H HAS PROVIDED THIS TERMS & CONDITIONS OF SERVICE POLICY IN A TIMELY MANNER TO ALLOW YOU AMPLE TIME TO FULLY READ IT IN ITS ENTIRETY AND ADDRESS ANY INQUIRIES/CONCERNS YOU MAY HAVE WITH US BEFORE MAKING YOUR PAYMENT AND BOOKING YOUR SCHEDULE APPOINTMENT.
YOU ACKNOWLEDGE THAT EACH TIME YOU USE OUR SERVICES AND/OR ACCESS OUR PLATFORM, YOU ACCEPT THE UPDATED VERSION OF THE TERMS & CONDITIONS OF SERVICE & POLICIES TO DATE.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS AGREEMENT, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PR&H THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. PLEASE REVIEW “DISPUTE RESOLUTION PROVISION” CAREFULLY FOR DETAILS REGARDING THE “ARBITRATION PROVISION” & THE ALLOWABLE MAXIMUM AMOUNT PERMISSIBLE FOR CLAIMS IN “SMALL CLAIMS COURT” PER STATE, ACCORDINGLY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS & CONDITIONS & ALL POLICIES OF THIS AGREEMENT, PLEASE DO NOT BOOK/RESERVE YOUR SCHEDULE APPOINTMENT. BY YOU PROCEEDING TO HAVE PR&H PROVIDE SERVICES TO YOU MEANS THAT YOU HAVE ACCEPTED ALL OF THE TERMS & CONDITIONS OF SERVICE & ALL POLICIES AS CONTAINED IN THE AGREEMENT, WHICH INCLUDES THE WORK ORDER, ORDER/ORDER DETAILS, CONTRACT, ADDENDUMS, CHANGE WORK ORDER AND/OR ATTACHMENTS TO THE AGREEMENT, AS APPLICABLE.
THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY.
Platform
The Platform provides a podium where Customers who seek assistance with product assembly, installation, repair, replacement, remodel, renovation, handyman services and/or related services can be booked and scheduled accordingly either directly with PR&H and/or via a third-party lead referral service. The Platform constitutes: SMS/Text messaging, landline phone, cell/mobile phone, email, website, any other form of communication, whereas you solicit our services. Refer to the Third Party Applications or Platforms section below for more details.
Customers and PR&H are collectively referred to as “Users”. As a User, you authorize us to assign a Pro/Technician/Team Member(s)/Subs, as the case may be, based on factors such as your location and the service you request. For purposes of the Agreement, the services provided by us shall be referred to collectively as the “Service/Services” (collectively, “Job”, “Project”, “Work Order”, “Order Details”, “Order”, “Change Work Order”, “Onsite Work”, Off-site Work”, “Office Work”, “Product”, “Service”). Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each service provided by us to you shall constitute a separate Order between such persons, abiding per occurrence by this Agreement.
Please refer to the Privacy Policy below for more information and details regarding the Service and/or Platform.
Third-Party Applications or Platforms
The PR&H Platform may use and/or integrate, at our sole discretion, with third-party software, applications, and/or website services, such as, but not limited to, MS International (MSI), American Standard, Dreamline, Home Depot Pro Referral Services, Kandu, Thumbtack, Amazon Home Services, etc. (collectively, other “Lead Provider Service Platforms”). These services have their own respective Terms of Service and Privacy Policies. By using the PR&H Platform, you agree to abide by the policies of any third-party service as well, utilized by the Platform.
We may also obtain information about you from Third Party Applications, as some referenced above. These Third-Party Applications and your privacy settings with these parties control the information we can access. By associating an account managed by a Third-Party Application with our account with PR&H, you authorize us to have access to this information and you agree that we may collect, store and use this information in accordance with our Privacy Policy.
You acknowledge and understand that we are not involved in the collection, use or disclosure of Personal Information by Third Party Applications or services through which access to us may be provided, including, without limitation, personal information collected by such Third Party.
In addition to connecting Users, the PR&H Platform may enable Users to receive goods and/or services from other third-party lead platforms, such as some referenced above, (collectively, other “Lead Provider Service Platforms”). You understand that other Lead Provider Service Platforms are subject to the terms and pricing of the third-party provider. If you choose to purchase via other Lead Provider Platforms and have PR&H as your service provider for said lead, you authorize PR&H to charge your payment method on file according to the pricing terms set by the third-party provider, or by us, as applicable. You agree that PR&H is not responsible and may not be held liable for other Lead Provider Service Platforms or the actions or omissions of the third- party providers. Such other Lead Provider Service Platforms may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any other Lead Provider Service Platforms accessed by you, as then assigning your job to us.
Specials
Specials include, but are not limited to, Handyman’s Pencil Designs, Package Deals, Gift Cards, Coupons and/or Offers.
You understand that when you purchase a Special, you are purchasing not only the building and finish materials from us, but the benefit of the installation of said materials/products as included with the particular Special, as applicable to the Special.
Specials…
-Are not valid for cashback
-Cannot be combined with any other Specials
-Cannot be applied to current or past jobs
-Are for residential services only
-Are limited to two (02) deals per household during the assigned period
-Building height restrictions apply
-Do not include removal of existing bathroom wall tile/tile countertops
-Do not include removal of more than one (01) layer of wall and/or floor surfaces
-Do not include Permits and/or Engineering fees of any kind
-Do not include relocation of Plumbing and/or Electrical
-Do not include appliances, medicine cabinets, fixtures and/or accessories not specifically stated in the Material Allowance
-Timeframes/Schedules for completion are subject to change due to, but are not limited to, job complexity, subs/crew/team members availability, material/parts/tools/equipment availability, work backlog, delays in general (reference the Delays section in this Agreement for more information), delivery or shipment delays, etc.
-Images, pictures and/or media may not reflect, and is not limited to, exact product, design, style and/or service
-Colors, textures, design and styles are fixed pursuant to the specific Special
-Special must be purchased as described upon Booking in order to receive any additional perks that may be offered within the Special, if any at the time, as applicable
-Perks, if any, within a Special are limited time offers, and therefore, can change or be removed from the Special at any time before Booking
-Specials are limited time offers, and therefore, are subject to change at any time before Booking
-Some restrictions apply
We recommend and advise that you review the entire Special you may be interested in periodically for any changes before Booking.
Schedule Appointments
You acknowledge that the Schedule Appointment is subject to change at any time due to, but not limited to, COVID-19, delays, inclement weather, material/supplies/parts/tool/equipment availability/backorders, schedule conflicts, prior jobs pending completion, any customer-related or project-related matter, or due to any other event beyond our control.
Schedules are contingent to a “first come, first served” basis until reserved.
The schedule is reserved upon your payment transaction.
You are made aware that your funds must clear and become available in our account before any material/parts order is submitted for purchase and/or before any services are rendered to you. Any delay in your funds clearing and/or becoming available in our account shall affect your project Start/Completion dates/schedule (Schedule Appointment).
Labor Hours / Services Rendered
Hours are listed in labor hours in accordance to the specifications of your Order, as applicable. Hours begin the moment pro rings your doorbell, as applicable and in accordance to the job. Hours/services rendered/time may include onsite/offsite services, such as but not limited to, office work, research, estimating, drafting, travel time, samples/parts/materials/tools/ equipment ordering/ submittal/ purchase/ acquisition/ pick-up and delivery, shipment, trade appointments, discussing job with you upon arrival and/or during job progress, pro’s review/assessment of the job, job prep/protection and set-up, van packing/unpacking, visit/ breaks/work/services, clean-up, debris haul-away/dumping (as applicable), (collectively, “Services Rendered”); services rendered are allocated in hour minimum increments.
Handyman Hours: Should you book a Handyman by the Hour service either via us directly and/or via a Third Party Platform, you understand when booking Handyman service you’re booking an “hourly” service. If the job requirements is not finished within the hours booked, additional hours will be required and billed separately. If you book the Handyman by the Hour service via Kandu, you shall be required to sign-off for the hours rendered. If booked via directly us or another Third Party, you shall be required to sign-off on a Certificate of Services Rendered for the hours rendered. You are made aware and agree that you are booking the hours as a service, not the completion of a specific job/service. The service is for the completion of the hours booked, regardless of what the job entails and may also include travel time, material order submittals, procurement/ acquisition of materials/parts and/or tools/equipment necessary for your particular job, picking up/delivery of materials/parts, etc. as applicable. If we are unable to either start, proceed or finish a specific job due to any non-disclosed information from your part regarding the job and/or pertinent scope of work of the job or any customer or job related reason, the service team shall work only up to the hours booked, as permissible, whether the job is finished or not, and shall constitute as Services Rendered and/or completed for the hours serviced to you.
Breaks: It is important to communicate that we value the well-being and work-life balance of our pro/team members. You are made aware of the inclusion of break time when booking a service; pro/team member’s break/lunch time, if applicable, is included in the hours booked. While the specific duration and frequency of breaks can vary depending on factors such as job requirements, job length and legal regulations, short breaks throughout the workday (generally about every three (03) hours) contributes to higher job satisfaction, morale, and a positive work environment. Taking short breaks helps combat fatigue, enhances productivity, and improves overall job performance.
You are made aware that jobs over three (03) hours of service include a break/lunch time, as applicable. After three (03) consecutive hours of onsite service, pro/team members are entitled to take at least a fifteen (15) minute break/lunch at any time during the work/service. Jobs over five (05) hours, include a thirty (30) minute break/lunch, and a fifteen (15) minute break for every three (03) hours worked, as necessary, dependent on the complexity of the job. It is to the discretion of the pro/team member whether they wish to take their break/lunch, as needed.
You are made aware that the decision to take or skip an entitled break is ultimately at the discretion of the pro/team member. Should this be the case, and the job is therefore completed before the hours booked, does not warrant compensation, refund or price adjustment to you, nor does it constitute additional work/requests to be made by you to fill the break/lunch time not taken. Should your job be completed earlier, does not constitute for the pro/team members to be obligated to stay for the additional remaining time.
You are also made aware of the fact that should the job require additional hours than the hours you selected/booked via any Platform, you will be made aware of the required hours, as permissible, and any additional hours required shall be billed.
Delays
We will pursue services within the agreed upon schedule, as permissible, increased where work is delayed as result/cause beyond our control, whether job related or not. We shall not be responsible for delays beyond our reasonable control, such as, but not limited to, inclement weather, payments not paid when due, permits, if applicable, acts of God, CDC/COVID-19/variants/pandemics/ endemics/epidemics, mandates, protests, riots, Customer’s failure to, but not limited to, perform their portion of work/responsibilities/improper or incorrect materials/products or not having material/product readily available for service/time-schedule constraints and/or work/transit areas not cleared, our inability to obtain/secure materials/parts/equipment/tools/supplies, backorders, tool/equipment malfunction or damage, changes caused by inspectors of governmental agencies, changes to the job/services, delays in delivery/shipment from suppliers, or any other cause beyond our control. We shall not be liable for any special, indirect or consequential damages arising in any manner from delays in performance of our work. Customer-related and/or project delays shall be billed separately.
BY AGREEING TO THIS CONTRACT, YOU ACKNOWLEDGE THAT ANY DELAYS OR HALTS IN THE PROJECT, FOR ANY REASON AS STATED ABOVE, LEADING TO YOUR DECISION TO CANCEL THE ORDER AND/OR ENGAGE ANOTHER SERVICE PROVIDER WITHOUT ALLOWING US TO COMMENCE, PROCEED, CONTINUE OR FINISH THE JOB TO FULFILL OUR OBLIGATIONS, YOU UNDERSTAND AND AGREE THAT IT CONSTITUTES A BREACH OF THIS AGREEMENT ON YOUR PART. AS A RESULT OF THIS BREACH, ANY PAYMENTS RECEIVED FROM YOU TO DATE ARE NON-REFUNDABLE, AND YOU ASSUME FULL RESPONSIBILITY FOR THE FINAL JOB RESULTS AND ANY ADDITIONAL EXPENSES INCURRED BY YOU. PLEASE REFER TO THE CHARGEBACK POLICY SECTION OF THIS AGREEMENT FOR MORE INFORMATION.
Eligibility
The booking/reservation of a Schedule Appointment may only be used by individuals who can form legally binding contracts under applicable law; you must be 18 years or older. By becoming a Customer, you warrant ownership of the real property where services are to be rendered and/or have the capacity and/or legal authority to enter into and abide by the Order and the Terms & Conditions of Service and Policies of the Agreement. An adult (18 years or older) must be present during service, especially when minor(s) are onsite. You represent and warrant that you are eligible to use the Services and/or Platform. You may not allow other persons to use your customer account, and you agree that you are the sole authorized user of your account.
Addendums
A Detailed Estimate Report (DER) and/or Change Work Order (CWO) and/or Amendment or other (collectively, “Attachment”) may be attached to your Order/Contract (as applicable) and therefore are made part of the Agreement (collectively, “Addendum”), (reference to either Agreement and/or Order includes ALL Attachments), as sent to your email on file (in PDF format) fax, SMS/text and/or as provided directly to you by hand/postal mail, delivery, etc. You are made aware that any Attachment(s) may be necessary before and/or during the service process. You acknowledge the Order/Contract upon receipt and agree to the terms and conditions as stated therein as well, including your agreement to abide by this Agreement, as stated herein, upon making any payment.
Certificate of Insurance (COI): Request, Submission, Additional Insureds & Certificate Holders
You are requested to inquire with your Management office, if applicable, if there are any apartment/unit modification/change request forms to be completed that may be required to you by your Management office: a “Condo Association Unit Modification Form” (your Association may have a different name for it). It is your responsibility to inquire with your Management office as to what may be their specific insurance a service provider is required to have before booking your Schedule Appointment with us. We carry the necessary insurance in accordance to industry standards and our business category; HOWEVER, there may be incidences where a Management office may require certain insurance coverage that is out of the norm and/or may not apply to us; such requests, including adding Additional Insureds, Certificate Holders or other information to our General Liability Policy (Certificate of Insurance – COI), shall incur an additional fee; the fee is dependent on the request, for us to add any or such coverage and/or person/entity.
We do not provide our COI for small and/or basic standard services, such as but not limited to, appliance/fixture replacements, etc. Submission to you of our COI is reserved for remodel/renovations and/or large non-basic/standard services. Any requests for additions to be made (adding Additional Insured(s), Certificate Holders, etc.) is processed and provided to you upon signing a Contract for a large project, such as but not limited to, remodels/renovations.
A COI is not provided during the Design Phase of a project, if applicable. The COI is considered to be an Addendum to the Contract upon signing of said Contract to proceed with the actual construction and/or installation thereof of a remodel/renovation or large project, as applicable, (collectively, “Agreement Documents”).
Certificate of Services Rendered (CSR): Services Completion and/or Services Rendered
Upon completion, you and us (Pro/Technician/Consultant) shall jointly inspect and walk-through the entire job, as applicable; you must make yourself available to approve job completion. Inspection must occur under normal lighting conditions, without magnification and from a normal viewing position. At our discretion, a service completion email may be sent to you as confirmation of services satisfactorily completed/rendered.
Upon conclusion of any appointment, whether completion and/or upon any portion of services rendered, you shall be provided, a Certificate of Services Rendered which will outline the services as rendered for the day and shall therefore require your signature as confirmation that we were either on premises and/or complied with services, in accordance to the Order and in accordance as outlined in this Agreement. Please refer to the Cancellation Policy section of this Agreement for more details on how services rendered are outlined pertaining to your booking payment. You agree to sign the form without delay. Failure to sign the CSR may result in job stoppage, delay and/or complete service/job cancellation at our discretion, and you are made aware that any payments received from you to date are non-refundable. It is to our discretion as to whether to provide the services rendered email or not. Services rendered includes, but is not limited to, office work, travel time, material order/purchase/acquisition/delivery, job prep/set-up, van unpacking/packing, & on-site visit(s), (collectively, “Services Rendered”); services rendered are allocated in HOUR increments and may include pro/team member breaks/lunch time, as applicable to the job. The Certificate of Services Rendered shall not invalidate the Cancellation Policy as outlined in this Agreement.
In-Home Consultation Services (IHC)
When you request our In-Home Consultation service, the Consultation is strictly to render the services as described in the Order for a consultation and/or assessment/diagnostic services. The Consultation begins the moment the Team/Consultant leaves our office, arrives at the location and ends the moment you are advised of our findings/assessment and/or upon providing you with an estimate, quote or budget range, whether onsite, offsite, via email/text, whichever comes first; once one of these incidents happens, the Consultation Service is rendered and complete. Before the Pro/Consultant leaves your premises, you agree to sign the Certificate of Services Rendered form.
Meeting you and/or any/all Decision Makers for the appointment at any other location other than the jobsite or it’s surroundings, such as but not limited to, outside the premises, driveway, parking lot, restaurant or venue, etc., whether for the entire or partial portion of the appointment, is considered an IHC service, and ends as advised above.
The Consultation service entails, dependent on the job, for our Team/Consultant to meet with you to review, discuss and assess your job, which may include, but is not limited to, diagnostic, taking measurements, specifications, data, taking media (pictures/video), and/or assessment of your current site conditions, as permissibly visible, to determine, as applicable, if the scope of work you wish to have done is possible, if there are any available options, and/or because your request requires our direct visual assessment of the job in order to provide you with an estimate or quote, so that you may make an informed decision on how you wish to proceed thereafter. Providing you with our findings/assessment and/or estimate/quote is not a direction for us to render any additional work/services moving forward.
The Consultation service does not include for us to contact any other Third Parties on your behalf, either before or after the appointment, to either share information, request information and/or set up other additional appointments to meet with other Third Parties outside of the Consultation appointment. Should you wish for us to assist you further, once the Team/Consultant concludes the Consultation and/or after you receive our findings/assessment and/or estimate/quote, we can most certainly assist you with this request for an additional cost for such additional services. The cost is dependent on the complexity of the request. Should we proceed with contacting a Third Party on your behalf, upon collecting the additional fee, you understand and agree that there may be information, specifications, data, design/drawings, and/or media, if applicable, that may be shared with the Third Party that may be proprietary and/or strictly between the Third Party and us, while we attempt to provide you with the necessary information in order to resolve your request, in accordance with our findings and assessment.
The Consultation provides valuable worth to you as to our findings/assessment and helps you make an informed decision whether moving forward with us or with another service provider; HOWEVER, you understand and agree that the information, specifications, data and/or media obtained during your Consultation, along with any original design, drawings and/or plans (as applicable) that we may either share with you and/or a Third Party, shall remain the property of PR&H. You understand and agree that our findings/assessment, as applicable, data obtained and/or price estimate or quotation are for the sole and exclusive use of PR&H from liability for errors or omissions and may not be used or relied upon by you and/or any other Third Parties should you decide to proceed on your own and/or hire another service provider to further assist you with any additional and/or remaining requests you may have pertaining to your project, including proceeding with any future scope of work and/or service request.
FURTHERMORE, after the Consultation, we thoroughly evaluate your requirements and consider all relevant factors should you wish to hire us to proceed with additional services; HOWEVER, after careful consideration, we may decide not to offer additional services moving forward once the consult has concluded; this decision is contingent to an evaluation of your needs and/or whether we are a good fit to render additional services as required by either yourself and/or your project. This decision is solely at our discretion, and we are not obliged to pursue the job further. If we choose to decline a particular job for any reason after the consultation has concluded, you understand and agree that the consult fee is non-refundable as it pertains only to the services as rendered and provided to you during the consultation, and as outlined in your Order. In the same manner, should you choose to decide not to move forward with us for any reason after the consultation has concluded, you understand and agree that the consult fee is non-refundable as it pertains only to the services as rendered and provided to you during the consultation, and as outlined in your Order.
Communications
By entering into this Agreement or using the Platform, whichever comes first, you agree to receive communications from us, including via email, SMS/text message to your mobile phone number and to receive phone calls and to the email address and/or phone number you provide whether directly to us or via a Third-Party Application. Communications from PR&H, its affiliated companies and/or Technicians, may include but are not limited to, operational communications concerning your project and/or our Services to the job. Message frequency varies. Standard text messaging charges and data rates may apply by your cell phone carrier.
You understand and agree that we may, without further notice or warning to you and in our sole discretion, monitor and/or record telephone and/or mobile conversations you, or anyone acting on your behalf, has with us for quality control, training purposes and/or for our protection or recordkeeping purposes, including, but not limited to, for our reference and/or for our discovery or our use pertaining to any dispute and/or claim. You acknowledge and understand that, while your communications with us may be overheard, monitored and/or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings or any particular telephone or mobile calls will be retained or retrievable.
You agree to provide us with your basic information, such as but not limited to, your full name, full address, phone landline and/or mobile number and email address and shall ensure that we have your current information on file during your Service. You confirm that you hold the mobile and/or landline number you have entered upon making your payment and/or as you have entered via a Third-Party Platform, requesting professional services and that you have the holder’s permission to use the Service.
By providing your phone and/or mobile number(s), whether directly to us or via a Third-Party Application, you provide your prior express consent for us to call and/or send texts message(s) to your number(s). Standard telephone minute and text data/charges may apply. You, not us, are solely responsible for any carrier charges because of calls or texts to or from us. You warrant and represent that you are either the account holder of any phone numbers you provide, or you have the express permission of the account holder to provide such number(s).
You may receive during and/or after our Service, SMS/Text messages from us containing, but not limited to, special offers, discounts, coupon offers, etc. for which may contain the following options: to opt-in reply YES. For help/assistance reply HELP. Message & data rates may apply. Message frequency varies. Reply STOP to opt-out. This does not apply to text/SMS message replies and/or communications to you if you requested services directly from us or via a Third Party Application for which we have been assigned to your job and/or as a potential job lead for us to claim.
We reserve the right, in our sole discretion, to cancel or suspend any or all of our email or texting program, in whole or in part, for any reason, with or without notice to you. We are not responsible for incomplete, lost, late, or misdirected emails or text messages, including, but not limited to, undelivered emails or texts resulting from any form of filtering by your or our email carrier or your or our mobile carrier or service provider, and we cannot guarantee that each User will receive the benefit of the email or texting program for each email or text message sent to you.
We also obtain information from you via Third Party Applications for which you have submitted your information to have the Third Party match or assign you to a service provider within their network, in such case, that being us. Please refer to the Third Party Applications section of this Agreement for more information.
Any notices to you shall be provided to you through either the Third Party Platform and/or the PR&H Platform or given to you via the email address or physical you provided to PR&H during the service request process.
SMS/Text/Email messages used during Services, include EMERGENCY/TIME SENSATIVE notices. EMAIL communications shall come from info@pencilsremodeling.com, or from (team member name)@pencils remodeling.com, SMS/TEXT communications will come from our primary number: 866-936-8160. Our Normal Office Hours are: Monday – Friday, 9:00am – 5:00pm EST. Saturday (Appointments only). The office is closed Saturday, Sunday and on Federal Holidays.
The 866-936-8160 Text/SMS Platform does not accept receiving / sending pictures/videos.
You may be requested to send us more information regarding your project, including pictures/video to xxx-2221. This is our Emergency Service Hot Line, used for urgent call-backs exclusively reserved for our Emergency Service Member customers. To ensure your call is properly routed, you shall be requested to provide your Membership ID; without it, we’re unable to return your call.
Feel free to share pictures/videos via the xxx-2221 number; however, for all other project-related communications, please use our primary number: 866-936-8160, ensuring efficient call handling and quick SMS/Text responses.
The Membership ID is provided to you upon purchasing our additional service and/or an Extended Warranty Plan, as applicable.
Any electronic communication (SMS/Text or Email) will be considered to be received by you within ONE (01) HOUR after the time we send it to you. Any communications sent to you by postal mail will be considered to be received by you THREE (03) BUSINESS DAYS after we send it.
Contacting You
By using the Platform and/or requesting Services from us, either directly or via a Third-Party, whichever comes first, you consent for us to communicate with you via the avenues you have provided to do so (email/text/phone or mobile phone). We may contact you to: (i) send you SMS/text and/or email messages; (ii) provide you notices or follow-ups regarding your Service/Order; (iii) written communication required to settle issues or dispute; (iv) collect a debt owed by you to us or (v) provide any other information or transactional message related to your Service/Order.
We will not share your phone/mobile number(s)/email with other Third Parties for their own purposes.
Contacting Other Third Parties
As pursuant to the Privacy Policy, should we receive a communication from anyone else other than yourself/the person who initially Booked our services requesting we communicate with Other Third Party regarding any matter concerning your project, we shall require your written authorization either via a text or email from you authorizing us to communicate with such Other Third Party, such as but not limited to, your parents, guardian, children, siblings, spouse/partner, friend, vendor and/or other service provider, etc.
ANY DISPUTE COMMUNICATIONS MUST BE MADE IN WRITING VIA EMAIL TO info@pencilsremodeling.com OR TEXT MESSAGING TO 866-936-8160.
Customer Responsibilities
It is your responsibility to confirm the dimensions and/or specifications for any and all products (pre-existing or new) that you are to purchase that is to be serviced by us in any way or form. You are responsible for confirming the dimensions and/or specifications not only for the product, but also for the location of installation/ assembly /repair/construction/install and/or replacement; you guarantee that your existing location is plum/level/flat/square and provides proper structural support/size for service completion, as applicable to the job, especially for Dreamline or other glass shower door and/or glass shower enclosure(s) and assemblies. If you are not 100% sure and cannot guarantee that your current site conditions are favorable or have proper structural construction to receive the Service you are requesting, you can request an In-Home Consultation Service (IHC) from us; a Consultation fee shall apply (the consult fee is dependent on the job category), to have us conduct a Consultation with you to evaluate your location, according to the Order that would be proposed to you at the time of your request. Please refer to the In-Home Consultation Services Request section in this Agreement for more information.
NOTE: FOUNDATION LEVELING: YOU UNDERSTAND THAT WE ARE NOT RESPONSIBLE FOR DOING ANY TYPE OF GROUND LEVELING / SITE PREPARATION, AND THAT THE PRODUCT WILL ONLY BE AS SQUARE AND LEVEL AS THE SURFACE IT IS BUILT UPON.
NOTE: FOR SHOWER GLASS DOORS AND/OR ENCLOSURES: A COMPLETELY FRAMELESS ENCLOSURE/ SHOWER DOOR DOES NOT ALLOW ANY ROOM FOR ERROR. PLEASE NOTE THAT EVEN IF THE SPACE IS NEWLY REMODELED/RENOVATED, IT DOES NOT GUARANTEE THAT THE SPACE WILL ACCOMMODATE THE NEW PRODUCT AND DOES NOT GUARANTEE THAT THE SPACE IS STRUCTURALLY SOUND AND PROPERLY CONSTRUCTED TO RECEIVE THE NEW ENCLOSURE/SHOWER DOOR INSTALLATION. WE WILL NOT, UNDER ANY CIRCUMSTANCES, ATTEMPT TO INSTALL A SHOWER GLASS DOOR OR GLASS ENCLOSURE ON A FAILED, IMPROPERLY CONSTRUCTED SURFACE, CURB, FAILED TILE JOBS AND/OR SUB-STANDARD WORK PERFORMED BY OTHERS. WE WILL NOT MAKE OURSELVES RESPONSIBLE NOR LIABLE FOR ANOTHER CONTRACTOR’S/SERVICE PROVIDER’S/PERSON’S FAILED INSTALLATION, REPAIR, ERROR, MISTAKE OR SUB-STANDARD WORK OF ANY KIND. WE WILL FURTHERMORE NOT ATTEMPT TO INSTALL AN OLD SHOWER GLASS DOOR/ENCLOSURE THAT WAS NOT SPECIFICALLY REMOVED BY US AND/OR THAT SHOWS OR POSES ANY DAMAGE (VISIBLE OR NOT) OR THAT MAY HAVE A QUESTIONABLE INSTALLATION.
We are not required to accept any change/request made by you, which in our professional judgment, is not in accordance with standard construction/repair/remodel/renovation/installation/replacement practices or violates any code requirements/other governmental law/ordinance or training. In the same manner, we will not attempt to make any installations/replacements on unfavorable conditions or improperly pre-constructed structures made by others that will otherwise compromise a successful installation.
If we are unable to properly/safely perform services due to, but not limited to, any pre-existing improper structural/construction conditions, incompleteness of material/product/order, incompatible connections/sources or due to any Customer or project matter and/or your failure to comply with your responsibilities to the Agreement and/or due to a project related matter, we will require a Trip Charge of USD$89.95 p/occurrence, current mileage rate, plus all expenses incurred by PR&H (gas/tools/equipment rentals, etc.), for any additional visits required or requested to proceed with service; a follow-up appointment can be scheduled if you so choose for the additional charge. Should you choose not to proceed with the follow-up appointment, you understand and agree that any payments made to date are non-refundable. PLEASE REFERENCE THE CANCELLATION POLICY HEREIN FOR MORE DETAILS.
If we are unable to properly/safely perform services due to, but not limited to, any pre-existing improper structural/construction conditions, incompleteness of material/product/order, incompatible connections/sources, customer’s lack of permit(s) and/or pertinent or required documents, or due to any Customer or project matter and/or your failure to comply with your responsibilities to the Agreement and/or due to a project related matter, we will require a Trip Charge of USD$89.95 p/occurrence, current mileage rate, plus all expenses incurred by PR&H (gas/tools/equipment rentals, etc.), for any additional visits required or requested to proceed with service; a follow-up appointment can be scheduled if you so choose for the additional charge. Should you choose not to proceed with the follow-up appointment, you understand and agree that any payments made to date are non-refundable. PLEASE REFERENCE THE CANCELLATION POLICY HEREIN FOR MORE DETAILS.
You are solely responsible to pay for any work performed by any crew/team member/sub-contractor at your direction without our prior WRITTEN authority. We shall not be responsible nor liable to remedy/service any work done by others at your direction without our prior WRITTEN consent. The number of crew/team members/subs needed on daily basis is at our sole discretion. You agree to pay for all actual costs incurred for this Agreement.
You are responsible to enforce any/all manufacturer’s warranties for all materials installed/assembled in the Order and are to be serviced according to Manufacture Instructions.
You are to keep valuables/jewelry/money/coins out of the services/transit areas. We may bring to your attention any items considered of value that we consider should be moved by you. Non-action of our part in not bringing such items to your attention shall not imply responsibility or liability to or on us. Your failure to remove such items BEFORE we arrive and/or upon Pro/Team Member’s request/discretion may result in rescheduling or cancellation of Services, at our discretion. We shall not be responsible nor liable for ANY jewelry/monies/items, whether of value or not, left in service/transit areas, whether noticed and/or brought to your attention by us or not.
You are requested to clear the services/work/transit areas (exterior and interior) and have service/work/transit areas ready upon our arrival.
Product/Box Placement: You are requested to have Product/Boxes placed within 10 feet of service/room location prior to pro/service team arrival. We do not move products/boxes to another location/room, either before nor after service.
Ground Leveling: You understand that the pro/service team is not responsible for doing any type of ground leveling/site preparations, and that your product will only be as square, plumb and level, as applicable to the job, as the surface in which it is serviced upon.
You shall cooperate with us in providing prompt selections and/or information requested in a timely manner upon request to avoid delays and/or applicable fees.
You are requested to inquire with your Management office, if applicable, if there are any apartment modification/change request forms to be completed that may be required to you by your Management office. You are responsible to inquire what specific insurance a service provider is required to have by your Management office before booking your Schedule Appointment with us. We carry the necessary insurance in accordance to our business category; HOWEVER, there may be incidences where a Management office may require certain coverage that is out of the norm and/or may not apply to us; such requests, including adding any Additional Insureds or other information to our General Liability Policy (Certificate of Insurance – COI), shall incur an additional fee for us to add such coverage and/or requests. Please refer to the Certificate of Insurance (COI): Request, Submission, Additional Insureds & Certificate Holders section in this Agreement for more information.
For large payment and/or purchase amounts, it is recommended and advised that you contact your bank to let them know that you are making a large purchase or payment with a check, as applicable, to PR&H to ensure that the funds are released promptly as to avoid any delays; same applies to any credit card payments. You are advised to contact your credit card company to advise them of any large payments or purchases you will be making.
Safety Precautions
Animals/Pets In Work Areas: You understand and agree that all animals, reptiles, birds or insects of any kind that may or may not inflict injury on, but not limited to, our Pro/Team Member/Sub, etc., will be kept out of ALL work/transit areas and ALL storage areas during the entire duration of this Project. If at any time access to the work/transit or storage areas is not available to us because of potential harm from a Customer’s pet(s) for any reason, you agree to reimburse us for expenses incurred for travel and lost time at the rate of USD$89.95 per occurrence, per man hour lost, including current milage rate per mile, per vehicle. You understand and agree that we will not attempt to enter any work/transit or storage areas where your animals/pets are. You also understand and agree that we will not be responsible nor liable for any animals/pets leaving the home/jobsite due to doors, windows, gates or other openings of any kind in the home/jobsite being left open due to work/services in progress.
Pets/Children/Persons: You are requested that pets/children /persons are to be kept out of all services/transit areas during the ENTIRE services process. We are not responsible nor liable for any injury/death caused to pets/children/persons.
Footwear & OSHA Regulations: We understand that many Customers have implemented a “no-shoe” policy for anyone entering their premises; HOWEVER, as per the Occupational Safety & Health Administration (OSHA) requirements, we are to abide by federal regulations adopted and enforced by OSHA where footwear is required as service fields pose injury incidents, such as but not limited to, tools dropping on foot/toes, stepping on box cutters, slips/falls, etc. Footwear is included in the Personal Protective Equipment (PPE) section of the Occupational Safety and Health Standards. The section on foot protection points to issues relevant to construction, industrial, government and service fields. Failure to comply with OSHA regulations invites warnings, sanctions, and fines. THEREFORE, we are to keep foot gear on AT ALL TIMES and are not allowed to wear shoe coverings (booties) of any kind upon entering premises during the ENTIRE Service process due to injury and/or slippage. Should you require for shoes to be removed or foot coverings (booties) to be worn during Service, we advise this notice to allow you ample time to lay down non-slip floor covering(s) via the service/transit areas, should you wish to do so. You’ll be happy to know that our Pro/Team Members bring floor coverings to cover the immediate areas where services are to be rendered, except for Consultation appointments.
You may visit www.osha.gov for more information regarding standards regarding foot protection.
Glass Items
You must inspect all items containing and/or made of glass immediately following install/replacement/repair to ensure proper conditions. Any correction services that may be required must be brought to Pro’s attention BEFORE Pro leaves your premises; otherwise, item is “satisfactory upon install/replacement/repair” and no added services are required. You are made aware there are pre-existing and/or possible problems with servicing/repairing used glass door/enclosures/items, including, but not limited to, glass stress cracks or fractures, hairline fractures, bent or broken frames, worn or broken latches/ gaskets/ hinges, rollers and worn flanges, rust, etc., whether noticed or not, for which we shall not be liable nor responsible for.
Our Commitment To You
By providing services to you, we represent and warrant:
We are duly licensed by the applicable licensing board of Pennsylvania (#PA141974) and the applicable licensing board of New Jersey (HICNJ:13VH12615600) and shall renew our license(s) as needed to insure timely completion of services. You acknowledge that we have the required adequate registration verification, insurance and licensing, as applicable, as a qualified General Contractor authorized to perform home improvement services in the corresponding States.
We present ourselves in a professional, courteous, and friendly manner while performing service(s). We possess valid driver’s license and are authorized and have all appropriate licenses, approvals and authority to provide Services, as applicable.
We own and/or have the legal right to operate the tools/equipment used for services, and such property is in good operating condition and meets the industry safety standards and all applicable legal requirements, if any.
We do not engage in reckless behavior while performing services, permit any third party other than another authorized Technician/Team Member to accompany the Lead Pro while providing services, provide services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Users, PR&H, or third parties.
We pay all applicable Federal, State and local taxes based on our provision of services regardless of the payment method you use and as received from you.
We are EPA: RRP (RENOVATE/REPAIR/PAINT RULE): LEAD CHECK CERTIFIED: Lead check is required, as applicable, on jobs built pre-1979. Lead Check/Containment/Cleanup is not included, unless specifically stated in your Order.
We are DREAMLINE CERTIFIED GLASS SHOWER DOOR / ENCLOSURE INSTALLERS.
We are AMERICAN STANDARD WALK-IN TUBS & WALK-IN SHOWER INSTALLERS.
Scope of Work (SOW)
We will render only the services for the SOW as outlined in your Order, WO or Contract, as permissible to the Agreement. Labor/services/materials/supplies/tools/equipment for work/services described pertain to the specified items in your Order. ANY changes/deletions to the original SOW or any added requests made by you, regardless of how small, along with any unforeseen/concealed or any event that increases work, adds additional services, requires added helper(s)/labor time/special equipment or tools/materials/supply cost and/or changes the method of the scope of work, is not included. No services are to be rendered that are not specifically stated in your Order. Should you request to exchange one item of work/services for another is not included and shall require re-estimating/scheduling, a fee shall apply (maximum drafting time of one (01) hour). Services shall be performed in existing locations, unless otherwise stated in your Order. Permits of any kind are not included, unless otherwise specifically stated in your Contract or Order. Services for contacting/replying to any Third Parties is not included, unless specifically stated in your Contract or Order.
Services shall be performed according to manufacture instructions and/or standard industry practices as per the current RESIDENTIAL CONSTRUCTION PERFORMANCE GUIDELINES, as outlined by NAHB (National Association of Home Builders). Any additional requests made by Customer shall be scheduled/billed separately from the current job.
We are not responsible for any previous electrical, plumbing, building and/or repair work done by others. We accept no responsibility nor liability for any defect and/or code violations in the existing structure/premises whether visible or not. Electrical/Plumbing connections are to be made via existing sources, unless otherwise specified in your Order. Electrical/Plumbing services are intended only for servicing what is visible outside wall, does not include behind the wall(s), unless otherwise specified in your Order.
Garbage: Removal & Disposal of Packaging Materials
Trash/packaging materials are to be consolidated and left on the premises. As a courtesy to you, the service team will move job generated trash/packing materials to your garage or trash receptacle/area, upon your request. You are made aware that the service team is therefore not required or expected to take trash/debris and/or packing materials off premises and/or with them, unless otherwise specifically stated in your Order Details upon your booking process.
Appliance, Fixture or Item Re-Install
We take every precaution to ensure that your personal property and premises are treated with the utmost care during our service. Our team is trained to be meticulous in their work and to bring any pre-existing damages or conditions to your attention, as far as reasonably possible; however, you understand that there may be pre-existing damages or conditions that are not visible or immediately noticeable to us during service and/or consult.
We understand that it can be frustrating to experience a malfunction with a product after it has been reinstalled. It’s important to note that sometimes, a product may have been on the brink of malfunctioning before it was removed, and this may not have been detected by the technician.
If you find that an appliance, fixture, or item is not functioning properly after reinstallation; it may be necessary for you to purchase a new product, and then contact us to help you; we are happy to assist with the replacement labor at a billable price. The cost for labor will depend on the complexity and specific circumstances of the job.
Detailed Estimate Report
If applicable, you shall be requested to initial/date each completed item as confirmation; payment for that completed item stands. HOWEVER, there may be events where issues/unfavorable conditions may exist/arise that may impede the entire Order completion resulting in an updated estimate via a required Change Work Order (CWO) to complete said item; if you wish to proceed, the payment transaction for that CWO serves as your written confirmation to the same. Payment received for incomplete items due to any Customer or project-related matter or site conditions, etc. is non-refundable.
Change Work Order (CWO)
Revisions of any kind to the original WO may only occur with a signed CWO. CWO shall add time to the job. We are not liable for any changes made without a signed CWO; HOWEVER, there may be circumstances requiring an EMERGENCY CWO, whereas the payment transaction shall serve as your written confirmation to the CWO. We shall prepare up to TWO (02) CWO at no additional processing fee for additional requests made by you (excludes CWO(s) required by the job). After that, a 12% processing fee of the CWO total cost shall be allocated for each CWO requested or required, whether the work is done or not.
Removal & Discovery (RD)
You understand and agree that after the removal of any existing fixture/surface material, if the scope of work for that item cannot be serviced and/or completed due to a CWO required, and you wish not to proceed with the CWO, after services were rendered leading up-to the CWO and we are unable to complete services due to you stopping the work process, that item is considered as Services rendered and the payment received from you stands and is non-refundable. Item status moves to REMOVAL & DISCOVERY (RD) as required to complete and/or proceed. You agree that the cost of RD is applied to the Services rendered leading up to the RD. You agree that any resultant repairs needed for any openings made leading up to the CWO and/or RD is not included, should you wish not to proceed with the CWO, and any such repairs shall be therefore your responsibility, at your expense.
We are not required to accept any change/request made by you, which in our professional judgment, is not in accordance with standard construction/repair/remodel/renovation/installation/replacement practices or violates any code requirements/other governmental law/ordinance or training. In the same manner, we will not attempt to make any installations/replacements on unfavorable conditions or improperly pre-constructed structures made by others that will otherwise compromise a successful installation. If you change any material and/or the SOW originally agreed upon, the project shall be re-estimated, and a processing fee shall apply per change whether the work is done or not. Changes and/or any return of materials shall require a 15% restocking fee of our cost and shall be added to the cost of the CWO, or shall be billed separately, should you decide not to proceed with the CWO after it has been processed and/or materials acquired and/or after schedule placement on our calendar for the additional work requested or required by the project.
Your failure to provide a CWO payment required, as applicable, and/or failure to provide us an opportunity to enter the jobsite to either proceed with work, correct, remedy or service any deficiencies/conditions, shall excuse us from any further obligation to pay for repairs/replacements incurred by you or others in the attempt of completing services, and shall also excuse us from any further obligation to the Order or this Agreement. Any balances due to us shall be required from you. Any warranty, if applicable, is therefore VOID, unless otherwise specified in writing; any payments made to date are non-refundable.
We reserve the right to terminate the Agreement if work is stopped due to any Customer/project related matter. Any job delays encountered shall be addressed and/or billed separately and accordingly.
We shall bring any pre-existing damages/conditions noticed to your attention, as reasonably permissible; we take all necessary precaution to avoid/minimize damage to items serviced, personal property/premises; however, you understand and agree that there may be pre-existing damages not visible nor noticed by us during service.
Inconveniences: Dust & Air Impurities
You are advised that there may be a substantial amount of dust, pollutants and/or construction impurities produced during the normal course service; the amount of dust produced is unpredictable, as is contingent to project type and duration of the project. We will attempt to minimize dust spread as best as permissible; HOWEVER, you are advised to take every health and safety precaution. We shall not be responsible nor liable for any health/adverse reactions caused to you, your family members, your pets or to anyone that enters the premises regardless of their relation to you, that may be affected by dust or any other impurity produced during project process. You further understand and agree that even with any coverings installed, if applicable, a certain amount of dust and impurities may leak through the coverings/barriers and extend into the remainder of the home not being worked on.
Inconveniences: Noise
You are advised that there may be a substantial amount of noise produced during the normal course of service. We shall not be responsible nor liable for any health/adverse reactions caused to you, your family members, your pets or to anyone that enters the premises regardless of their relation to you, that may be affected by the level of noise produced during project process and/or service.
Pictures / Videos Requested From You
You may have been asked to provide pictures during the initial estimation to help us have an idea as to what the scope of work your specific job may entail; however, you are made aware herein of the following:
PICTURES/VIDEOS DO NOT GUARANTEE OR MAY NOT INFER LIABILITY, EXISTING CONDITIONS/ISSUES OR THE ACTUAL SCOPE OF WORK A PARTICULAR JOB WILL REQUIRE AS PICTURES/VIDEOS MAY NOT CONTAIN PERTINENT INFORMATION TO SCALE (I.E. SIZE, LENGTH, DEPTH, ETC.) OR ISSUES THAT ARE NOT VISIBLE OR THAT CANNOT BE REASONABLY ASSESSED VIA A PICTURE(S)/VIDEOS; CONSEQUENTLY, THE SCOPE OF WORK CAN VARY “SIGNIFICANTLY” UPON PRO’S DIRECT VISUAL ASSESSMENT OF CURRENT CONDITIONS WHICH MAY REQUIRE MODIFICATION/ADDITIONAL WORK TO ACCOMMODATE JOB AND/OR YOUR PRODUCT’S SPECIFIC REQUIREMENTS, RESULTING IN AN UPDATED ESTIMATE.
Term & Termination
We may choose not to approve an Order or provide additional Service for any request made by you, or we may cancel an approved Order or request for any reason, and at our sole discretion if, but not limited to, (i.) we reasonably consider such cancellation necessary in order, but not limited to: (a) protect the integrity of our system or Platform; (b) prevent fraud or (c) otherwise protect us against legal, regulatory or non-payment risk; (ii) we are not a good fit to assist you with your request; (iii) we suspect, or are aware, that you have breached the Agreement in some way or form or in a material respect (including by failing to make any payment due under this Agreement on the payment due date or as requested); or (iv) we otherwise reasonably consider the Order or request to be suspicious.
If we cancel an approved Order or request as stated above, we will not be obliged to deliver goods and/or services for that Order.
This Agreement is effective upon your payment and continued use of the Platform. We reserve the right to terminate the Agreement if work is stopped due to any Customer/project related matter. Any customer related and/or job delays encountered shall be addressed and/or billed separately and accordingly.
For all other breaches of the Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to PR&H satisfaction, this Agreement will not be terminated. All provisions that by their nature should survive the termination or expiration of this Agreement shall survive any termination or expiration of this Agreement.
Other Services
Services requiring additional work/time, materials/parts/supplies and/or special tools/equipment shall result in an updated estimate. If we need to pick up supplies/materials/parts/tools or equipment for you, an additional cost will be added
Additional Terms
Some Services may have additional Terms that are not outlined in this Agreement. In such cases, Terms specific for a Service will be presented to the Customer during the buying process. Upon requesting Service, Customer is made aware that there may be additional Terms for that Service.
Indemnity
You will forever release, defend, indemnify, and hold PR&H harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of the PR&H Platform and participation in the Services, including: (1) your breach of the Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including other Users, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the PR&H Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of any personal property used in or related to the Services, including your provision or receipt of Services; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any User, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL PR&H, (COLLECTIVELY “PR&H” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE PR&H PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE PR&H PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PR&H PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES VIA THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PR&H HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU VIA THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.