IMPORTANT: By clicking "Approve," electronically signing, paying a deposit, scheduling service, or authorizing work to proceed, you acknowledge that you have reviewed and agree to the Terms and Conditions of Service located at [INSERT URL]. Those Terms and Conditions are incorporated into this proposal by reference and form a legally binding part of this Agreement.
Constructive Notice.
BY ELECTRONICALLY APPROVING AN ESTIMATE AND OR QUOTE, the Customer acknowledges that the Terms and Conditions of Service are publicly available at this URL which is also referenced within the Contractor's estimates, proposals, invoices, and service communications. Customer's failure to review such Terms and Conditions prior to acceptance shall not invalidate or diminish the binding effect of the Agreement. Customer accepts full responsibility for reviewing all referenced contractual documents before approving any estimate or authorizing work.
CONTRACT NOTICE
Approval of this estimate constitutes acceptance of the Terms and Conditions of Service available at: DO NOT APPROVE THIS ESTIMATE UNLESS YOU HAVE REVIEWED THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS OF SERVICE
Acceptance of Agreement
- By accepting (APPROVING) an estimate, approving a proposal, signing electronically, making a deposit, scheduling service, or allowing work to commence, the Customer acknowledges and agrees to be legally bound by these Terms and Conditions.
Scope of Services
Services are limited exclusively to those specifically listed on the estimate, proposal, invoice, or work order.
Services may include:
- House Soft Washing
- Roof Soft Washing
- Concrete Surface Cleaning
- Driveway Cleaning
- Sidewalk Cleaning
- Patio Cleaning
- Pool Deck Cleaning
- Parking Lot Cleaning
- Boat Dock Cleaning
- Paver Cleaning
- Restoration Services (Grease, Oil, Paint, Colored Stain, Clay, Rust, Efflorescence, tree sap, etc.)
- Professional Exterior Window Cleaning
- Any service not specifically listed on the estimate is excluded from the scope of work.
Results Disclaimer
Veterans Southern Pro Wash LLC does not guarantee the complete removal of:
- Organic staining
- Mold
- Mildew
- Algae
- Rust stains
- Fertilizer stains
- Battery acid stains
- Oil stains
- Grease stains
- Red clay stains
- Efflorescence
- Oxidation
- Paint
- Graffiti
- Hard water staining
- Embedded contaminants
- Surface discoloration
- Certain stains may be permanent or require restoration services not included in the quoted price.
- No warranties are expressed or implied regarding final appearance.
Property Condition Disclaimer
Customer acknowledges that exterior structure surfaces may contain pre-existing defects including but not limited to:
- Loose paint
- Chipped paint
- Cracked mortar
- Damaged siding
- Broken seals
- Failed caulking
- Aged roofing materials
- Loose shingles
- Oxidized surfaces
- Surface deterioration
- Existing water intrusion points
- Veterans Southern Pro Wash LLC shall not be liable for damages resulting from normal cleaning processes interacting with pre-existing defects.
Roof Cleaning Disclaimer
Roof Soft Washing is intended to remove biological growth and surface contaminants only. Customer understands:
- Asphalt shingles naturally lose granules over time.
- Existing loose granules may be dislodged during cleaning.
- Existing damaged shingles may become more apparent after cleaning.
- Cleaning does not extend manufacturer warranties but it will preserve it.
- Cleaning does not repair roofing materials.
- No guarantee is provided regarding roof lifespan.
- All roof washes come with a 6 month clean roof warranty
- In the event any biological growth reappears we will come back and spot treat the identified areas only.
- This does not constitute an entire roof wash.
Concrete Cleaning Disclaimer
Concrete cleaning may reveal:
- Existing cracks
- Spalling
- Aggregate exposure
- Surface deterioration
- Prior repairs
- Color inconsistencies
- Oil, grease, rust, and other deeply embedded stains may not be fully removable.
- No guarantee is provided regarding complete stain removal. (Additional Services Required)
Water Usage Authorization
- Customer authorizes Veterans Southern Pro Wash LLC to utilize available onsite water sources necessary to perform services.
- If water access is unavailable, additional fees may apply for water transport, hydrant meter rental, and water cost with local water department.
Electrical and Utility Access
Customer agrees to provide safe and reasonable access to:
- Water (When Applicable)
- Electricity (When Applicable)
- Property access points (When Applicable)
- Service delays caused by lack of access may result in additional charges.
Customer Preparation Requirements
Prior to service, Customer shall:
- Close completely and latch correctly all windows, doors, garages & vents.
- Secure ALL pets Indoors for duration of services.
- Remove any fragile items such as but not limited to: flower pots, electronics, home decor, furniture, carpets, grills, and any other items that can incur damage during the washing process.
- Water all vegetation the night before services to help ensure all plants are adequately watered prior to the exposure to cleaning agents.
- Remove and or secure ALL vehicles from work areas.
- Notify Contractor in advance of any known defects that may be affected by any of the approved services.
- Failure to properly prepare the property may result in additional charges.
Landscaping and Vegetation
- Reasonable efforts will be made to protect landscaping.
- However, Customer acknowledges that cleaning agents, environmental conditions, pre-existing plant stress, drought conditions, disease, or improper irrigation may result in vegetation damage. Contractor shall not be liable for:
- Plant loss or Damage
- Lawn discoloration
- Shrub damage
- Tree damage
- Flower damage
- Flower Pot Damage
- Except in cases of proven gross negligence.
Weather Delays
Services may be delayed due to:
- Rain
- Lightning
- High winds
- Extreme Hot or Cold temperatures
- Unsafe working conditions
- Weather-related delays shall not constitute breach of contract.
Cancellation Policy
- Customer may cancel services at any time.
- If cancellation occurs within seventy-two (72) hours of the scheduled service date, Customer shall be liable for a cancellation fee equal to 100% of the total invoice amount.
- The parties agree this amount represents liquidated damages intended to compensate for scheduling losses, crew allocation, equipment preparation, and lost business opportunities.
Rescheduling Policy
- If Customer requests rescheduling within seventy-two (72) hours of the scheduled service date, Customer shall pay a rescheduling fee equal to 75% of the total invoice amount.
- The remaining balance shall be applied toward the rescheduled service date.
Refusal of Service / Removal From Job Site
If work is interrupted, stopped, delayed, or terminated due to:
- Customer request
- Customer interference
- Customer refusal to allow completion
- Customer directing Contractor to leave
- Denial of property access
- Hostile environment
- Law enforcement involvement not caused by Contractor
- Any circumstance beyond Contractor's control
- Then the full contract amount shall become immediately due and payable.
- Customer agrees that Contractor has reserved labor, equipment, materials, and scheduling resources specifically for the project.
- Accordingly, 100% of the invoice total shall be due immediately upon removal from the project site.
Payment Terms
Unless otherwise agreed in writing:
- Payment is due immediately upon completion.
- Commercial accounts may be granted written payment terms.
- Deposits are non-refundable except where prohibited by law.
- Failure to make payment constitutes default.
Late Payment Charges
- Any unpaid balance remaining thirty (30) days after the invoice date shall accrue interest at the maximum lawful rate permitted under applicable Alabama law until paid in full. Customer shall additionally be responsible for:
- Collection costs
- Attorney's fees
- Court costs
- Filing fees
- Arbitration fees
- Administrative costs
- to the fullest extent permitted by law.
- the prevailing party is entitled to recover all attorney fees, court costs, arbitration fees, expert witness fees, lien filing costs, and collection expenses. This provision significantly strengthens your ability to recover costs if you ever have to pursue a non-paying customer.
Indemnification and Hold Harmless
Customer agrees to defend, indemnify, and hold harmless Veterans Southern Pro Wash LLC, its owners, officers, employees, agents, subcontractors, and representatives from any and all claims, demands, liabilities, damages, losses, judgments, penalties, costs, and expenses arising from:
- Conditions of the property
- Pre-existing defects
- Customer negligence
- Third-party claims
- Unauthorized property access
- Failure to disclose known hazards
- except to the extent caused by Contractor's gross negligence or willful misconduct.
Limitation of Liability
- To the fullest extent permitted by law, Contractor's total liability arising from any claim shall not exceed the total amount paid for the specific services giving rise to the claim. Under no circumstances shall Contractor be liable for:
- Consequential damages
- Special damages
- Incidental damages
- Lost profits
- Lost rental income
- Loss of use
- Emotional distress damages
Confidentiality / Non-Disclosure
Customer agrees that any proprietary business information obtained regarding Veterans Southern Pro Wash LLC, including:
- Pricing structures
- Chemical formulations
- Processes
- Operational procedures
- Marketing strategies
- Customer information
- Internal documents
- shall remain confidential and shall not be disclosed to any third party without written consent.
- This provision survives completion of services.
Non-Compete and Non-Circumvention
For a period of twenty-four (24) months following service completion, Customer agrees not to:
- Solicit Contractor employees.
- Hire Contractor employees directly.
- Induce Contractor employees to terminate employment.
- Circumvent Contractor to obtain services directly from Contractor's subcontractors or personnel.
- Customer acknowledges that violation of this provision may cause irreparable harm and entitle Contractor to injunctive relief and monetary damages.
- Note: This provision shall be enforced to the maximum extent permitted by law.
Electronic Acceptance
The parties agree that:
- Electronic signatures
- Online approvals
- Text message approvals
- Email approvals
- Digital proposal acceptance
- Payment of deposits
shall constitute valid and legally binding acceptance of this Agreement under the:
- Alabama Uniform Electronic Transactions Act
- Federal Electronic Signatures in Global and National Commerce Act (E-SIGN)
- Electronic acceptance shall have the same force and effect as an original handwritten signature.
Default
A Customer shall be deemed in default of this Agreement upon the occurrence of any of the following:
- Failure to make payment when due.
- Failure to provide reasonable access to the property.
- Refusal to allow completion of the contracted work.
- Interference with Contractor operations.
- Providing false or misleading information regarding the project.
- Breach of any material term of this Agreement.
- Upon default, Contractor may suspend performance immediately without further obligation until the default has been cured. Any costs incurred as a result of the Customer's default shall become immediately due and payable.
Termination
Contractor reserves the right to terminate this Agreement immediately upon written notice if:
- Customer is in default.
- Unsafe working conditions exist.
- Threatening, abusive, or harassing conduct occurs.
- Material information regarding the project was concealed.
- Conditions at the property substantially differ from those represented by the Customer.
- Performance becomes impossible or commercially impracticable.
- Termination by Contractor shall not waive Contractor's right to collect all amounts owed, including liquidated damages, attorney fees, collection costs, and other remedies available under law or equity.
Right to Cure
- Except in situations involving non-payment, unsafe conditions, fraud, threats, or material interference with Contractor operations, either party claiming a breach shall provide written notice identifying the alleged breach.
- The allegedly breaching party shall have ten (10) calendar days from receipt of such notice to cure the alleged breach.
- Failure to cure within the prescribed period shall constitute a material breach of this Agreement.
- Nothing herein shall require Contractor to continue work while a material breach remains uncured.
Notice Requirements
Any notice required under this Agreement shall be deemed properly given if delivered by:
- Personal delivery
- Certified U.S. Mail, return receipt requested
- Recognized overnight courier
- Electronic mail (email)
Notice shall be deemed received:
- Upon delivery if personally delivered
- Three (3) business days after mailing
- Upon confirmed electronic transmission for email or text communications.
- Customer bears sole responsibility for maintaining accurate contact information.
Dispute Resolution
- The parties agree to make a good-faith effort to resolve any dispute arising from this Agreement through informal negotiation prior to initiating formal legal proceedings.
- Prior to arbitration or litigation, the parties shall attempt to resolve disputes through written communication and negotiation for a period of not less than fifteen (15) calendar days following written notice of the dispute.
- Failure to participate in good-faith dispute resolution efforts may be considered by the arbitrator or court when awarding costs and attorney fees.
Mandatory Arbitration
- Any claim, controversy, dispute, or cause of action arising out of or relating to this Agreement, the services provided, or the relationship of the parties shall be resolved exclusively through binding arbitration.
- Arbitration shall be administered pursuant to the rules of the:
- American Arbitration Association (AAA) then in effect.
- The arbitration shall occur in Etowah County, Alabama.
- The arbitrator shall have authority to award:
- Monetary damages
- Injunctive relief
- Declaratory relief
- Attorney fees where authorized by this Agreement or applicable law.
- Judgment upon the arbitration award may be entered in any court of competent jurisdiction.
- The parties knowingly waive any right to a jury trial.
- This arbitration provision shall survive completion, cancellation, termination, or expiration of this Agreement.
Liquidated Damages
The parties acknowledge that certain breaches of this Agreement may result in damages that are difficult or impossible to precisely calculate.
Accordingly, the parties agree that the following amounts constitute reasonable liquidated damages and are not penalties:EventLiquidated DamagesCancellation within 72 hours of scheduled service100% of contract amountRescheduling within 72 hours of scheduled service75% of contract amountRefusal of access upon arrival100% of contract amountRemoval of Contractor from project before completion100% of contract amountCustomer-caused delay requiring return tripActual return-trip costs plus administrative fees The parties expressly agree these amounts represent a reasonable estimate of losses associated with:
- Crew scheduling
- Labor allocation
- Equipment preparation
- Chemical procurement
- Administrative expenses
- Lost business opportunities
- Lost scheduling capacity
- The Customer waives any claim that such amounts constitute a penalty and agrees they are a material inducement for Contractor's acceptance of the project.
Severability
- If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
Governing Law
- This Agreement shall be governed exclusively by the laws of the State of Alabama.
- Venue for any dispute shall lie exclusively in the state or federal courts having jurisdiction in Etowah County, Alabama, unless the parties agree otherwise in writing.
Entire Agreement
- These Terms and Conditions, together with the estimate, proposal, invoice, and any written amendments, constitute the entire agreement between the parties and supersede all prior discussions, representations, or understandings.
CUSTOMER ACKNOWLEDGMENT
- By approving the estimate, paying a deposit, scheduling service, authorizing work to begin, and or electronically approving the proposal, Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety.