PR&H, LLC LEGAL CENTER

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, Sales or Promotions

-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

-Specials must be purchased BEFORE the deadline; your payment must clear and become available in our account BEFORE the deadline

-Some restrictions apply

We recommend and advise that you review the entire Special you’re interested in periodically for any changes BEFORE Booking.

Sales, Specials & Promotions

Please be advised that all Sales, Specials or Promotions are subject to the following terms and conditions:

Deposit & Payment Requirements: To qualify for any Sales, Specials or Promotional offers, you must sign-off and/or submit the required payment within the specified deadline. It is your responsibility to ensure that all payments are received, clear, and become available in our account BEFORE the deadline.

Forfeiture: If the payment does not clear and become available in our account BEFORE the deadline, you forfeit your eligibility for the offer. This means that any sales, discounts, specials, offers or promotional pricing will no longer apply.

No Exceptions: We regret to inform that no exceptions will be made to this policy. It is crucial for you to plan accordingly to meet the deadlines and ensure timely processing of your payments BEFORE the deadline.

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, dumping and/or hauling, 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 or proceed with 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, and all Decision Makers, as applicable to the job, 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.

Consultation Fee: If a Consultation Fee is to be applied as a credit toward your Estimate/Quote, it will be processed and applied upon the completion of the job for which the consultation was performed. This will occur once we receive your signature on the Certificate of Services Rendered form, confirming the job’s completion.

If so, allow THIRTY – SIXTY (30-60) business days to submit as of the following business date of occurrence. Bank processing and/or credit card policies may require additional days to post back to your account. Business days do not include weekends & holidays.

If you choose not to proceed with the job after the consultation, the consultation fee will remain as a charge for the services provided during the consultation.

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

Service Preparation & Cleanliness Requirement: To ensure that we can effectively service your project, it is essential that the area is reasonably clean and prepared for our work. This includes, but is not limited to, ensuring that items such as old toilets, showers, shower doors, and other relevant fixtures are clean if they are to be replaced and/or serviced in any way or form. Additionally, surfaces to be newly painted must be free of grease, grime, and excessive dirt. Failure to meet these cleanliness standards may result in our professionals declining the job and/or necessitating the rescheduling of your appointment. Please note that additional service fees will apply in such cases. Your understanding and cooperation is highly appreciated, as we are committed to providing you with the best service possible.

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 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, customer’s lack of permit(s) and/or pertinent or required documents, uncleanliness, 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, a Trip Charge 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 shall apply. NOTE: The Booking of the original purchase is subject to change due to material/labor cost fluctuations at time of subsequent booking; a follow-up appointment can then be scheduled. 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 perform services and/or complete services due to, but not limited to, wrong Customer-supplied materials, Customer-related delays, undisclosed Customer-provided information, wrong Customer-provided information/products or materials, Customer’s failure to comply with their portion of the Order/Agreement, non-cleared (exterior/interior) work/transit areas, pre-existing improper structure constructions, unfavorable conditions, incompleteness of material/product/order, missing parts, pieces, components, documentation, incompatible connections/sources, damaged products, adult not present, unfavorable conditions, unsafe environment and/or due to any Customer/project related matter and/or due to any other situation outside of PR&H’s control, 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.

Use of Facilities

You shall provide us with free use of all utilities to complete your project. Utility use will include electricity, water, a wash basin/sop sink, and toilet at the jobsite, as applicable to the job. We shall maintain those facilities in a “clean” condition at all times.

You shall be responsible for and pay to obtain all utility connections to the project, including water, sewer, electricity, natural gas, L.P. gas, cable T.V., telephone, or any other utilitarian type hookups, as applicable to the job.

Material/Tools/Equipment Insurance

You understand and agree to provide insurance coverage on your premises to include loss due to weather, fire, theft, vandalism or other related casualty. You shall maintain property insurance, adequate to protect 100% of PR&H’s interest in the work. If you do not provide the coverage prior to the first tools/equipment and/or material delivery to the jobsite, you assume all responsibility for replacement costs of these tools/equipment and/or materials. You understand that it is your responsibility to review your homeowner’s insurance policy in relation to this agreement. Materials, fixtures, tools and/or equipment become your responsibility once delivered to the premises, should anything happen to them.

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, a Trip Charge 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 shall apply. NOTE: The Booking of the original purchase is subject to change due to material/labor cost fluctuations at time of subsequent booking; a follow-up appointment can then be scheduled. 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. 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.

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.

Hidden Conditions

We will make every effort to discover any hidden conditions that exist during a consultation and/or prior to job start. HOWEVER, there may be hidden conditions which are subsurface or otherwise concealed physical conditions or unknown physical conditions such as, but not limited to, code violations, structural, mechanical, electrical or plumbing defects, insect or rodent damage, water damage, buried objects, layered sub-floors, layered walls and/or wall coverings, lack of insulation, mold, asbestos/hazardous materials, or any other matters that may only be noticed during the actual work in progress and/or that may impede the progress of this project . These can be any conditions that are not reasonably discoverable prior to job start, which in any way interfere with the safe and satisfactory completion of your project. If hidden conditions are found, the work will stop, and we will advise cost and/or prepare a CWO prior to resuming the contracted job.

The reasonable expectation is that floor/wall covering is of ONE (01) type material, thickness and level. If upon removal of any floor/wall covering, the floor/wall covering is found to be of different materials, thickness and levels, then we shall estimate the cost for additional labor and materials, as applicable.

Hazardous Materials:  Asbestos/Radon Gas/Lead Base Paint/ PCB (Polychlorinated Biphenyl)/ Mold or Hazardous Airborne Contaminates:  The Scope of Work for your Order does not include the identification, detection, abatement, encapsulation or removal of Asbestos, Radon Gas, Lead Base Paint, PCB (Polychlorinated Biphenyl), Mold or any other hazardous airborne contaminants or products or materials containing any of the hazardous substances, or other hazardous substances from the premises, unless stated otherwise specifically in your Order. In the event that we encounter any such contaminants in the course of performing work, we shall have the right to discontinue work and remove all crew from the jobsite until such hazards, any hazards connected therewith, are abated, encapsulated or removed, or it is determined that no hazards exists (as the case may require). We shall receive an extension of time by way of a CWO or pertinent document to resume labor and will also receive fair compensation for any additional costs resulting from delays encountered as a result of such situation and correction of the same. You understand that costs incurred for removal of such contaminants will be over and above the Order price. You may hire us for additional services to proceed with assisting you, or you may hire another service provider of your choice to assist you with the removal of such contaminants at your expense, whereas thereafter, and upon us receiving the corresponding and proper documentation stating that it is safe to return to the premises, we can then resume work pertaining to your Order, as outlined in a CWO or other pertinent document, as applicable.

Electrical: Change of the electrical service, (meter and base, or panel), or any other electrical equipment that is in violation of applicable electrical or building Codes, is not included, unless stated otherwise in your Order. In the event an Electrical Inspector requires, if applicable, any change in the existing electrical equipment to perform the electrical work as outlined in your Order, a CWO or other pertinent document shall be processed for that work. Existing switches and duplex outlet devices, or light fixtures which are not scheduled for relocation/reworking, are to remain “AS IS”. Recessed light locations are subject to joist location and/or existing conditions, as applicable to the job. We are not responsible for liable for any previous electrical work done by others.

Plumbing & HVAC: Any changes to upgrade the existing plumbing, systems and/or service to make adequate for additional fixtures, and any changes to upgrade the existing heating and air conditioning systems, if applicable, is not included, unless stated otherwise in your Order. Existing fixtures, pipes, drains, septic systems, wells, vents, and equipment which are not scheduled for relocation or reworking are to remain “AS IS”. We are not responsible for liable for any previous plumbing work done by others.

You understand and agree that the agreement does not include any charges for labor, materials, sub-contract or other costs by contractor to cover any work that is not specifically stated in your Order.

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.

Our main office is located in Pennsylvania (PA). As a registered and licensed company in NJ & PA, it is to our sole discretion to assign/dispatch Pro/Team Members to a specific job, regardless of location/distance in either State. It is also to our sole discretion to accept/decline any job in either State (NJ or PA).

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.

Installation Locations: Products/materials, such as, but not limited to, niche(s), electrical/plumbing fixtures/items, Bathroom accessories, medicine cabinets, cabinetry, products that require mounting, etc. may not be able to be installed in certain locations as may be specified in the Order specifications due to non-availability of the location, and AS MAY BE PERMISSIBLE, due and contingent to existing beam/stud placements, electrical/plumbing lines, etc. found behind walls/floors/ceilings. Should the location require to be changed in order to allow installation, shall addressed at that time, additional services and fees may apply.

Same applies to TV mounts and Kitchen/Bathroom cabinetry and/or mounts of any kind. Your attention is called to the fact that mounting screws need to be placed dependent on beam/stud placements behind the wall, and therefore, screws/mounting anchors, etc. may not align in straight lines/rows within the interior of the cabinet, space, etc.

Paint Services

-You are responsible for ensuring that all painting surfaces, including trims and moldings, are clean and free of dust, dirt and grease PRIOR to the commencement of work. Any additional labor required to clean dirty surfaces will incur extra charges. For example, in a previous job, significant labor time was spent cleaning dirty moldings, impacting the efficiency of the painting process. To avoid such delays and additional costs, please ensure surfaces are properly prepared

-Not all surfaces such as, but not limited to, doors, columns, trims, etc. may need to be painted; a cleaning may sometimes be the more appropriate and time-effective solution, and if so, they may require only a deep clean instead of paint. If it is assessed that certain surfaces can achieve the desired appearance and condition with a thorough cleaning, we will proceed with cleaning these surfaces rather than painting them. This approach will help achieve the best results efficiently.

-You must inform us in advance about the size, weight, and contents of any items/pieces you may want us to move. You are responsible for removing all items that are heavy and/or valuable furnishings prior to us moving them. Failure to do so may result in additional labor charges for removing the items. For example, in a previous job, a cabinet was packed with expensive pieces, also making the cabinet extremely heavy, which the customer did not disclose, requiring significant additional labor and posing a risk of damage. To avoid such issues, please ensure that all furnishings are adequately prepared for moving and avoids unexpected additional labor. Expensive pieces and/or pieces that have any kind of value to you, should be removed by you

-Size and weight is taken under consideration; should a piece exceed weight, it will be your responsibility to have said piece moved. If you’re unable to have the piece moved, you understand that having a piece in the way shall cause delays, resulting in us working around the piece, which may incur additional charges

-If we are to move a piece, we will take every precaution to do so, HOWEVER, you understand and agree that if we are required to move any items, including furnishings or valuable items such as figurines, we will not be held liable nor responsible for any damage or breakage that may occur. You are advised for you to remove and secure all expensive, valuable and/or fragile items BEFORE the commencement of the project. Any items left in place and requiring movement by us, are moved at your own risk. FURTHERMORE, a damage may be pre-existing and not noticed upon initial move and/or the piece may be at the brink of breakage upon moving

-It is your responsibility to remove/set back any window treatments, curtains, blinds, décor, rods and/or accessories

-You shall provide us with free use of all utilities to complete your project. Utility use will include electricity, water and toilet at the jobsite. You must also provide a designated sink or sop sink for the cleaning of tools and equipment. The designated sink must be accessible and clean at all times during the service period, i.e.: no dishes, cups, utensils, pots, grease, grime, etc. in the sink. Failure to provide a suitable cleaning area may result in additional charges. We shall maintain those facilities in a “clean” condition at all times

-High ceiling jobs may require a scaffold system and shall incur additional services and charges

-You understand and acknowledge that newly painted surfaces may not guarantee the complete coverage or permanent concealment of pre-existing splits or cracks on walls, ceilings, joints, seams, corners, etc. All homes experience movement and settling, which can affect the appearance and durability of paint and caulking materials. While we will make every effort to address these issues, including proper preparation and application techniques, the natural movement of the home may cause splits and/or cracks to reappear at any time. We cannot guarantee that such issues will not return and are not liable for their recurrence

-Humidity/Moisture levels vary from home to home. You understand and agree that the completion schedule for the painting project may be affected and/or extended due to pre-existing site conditions such as, but not limited to, humidity and moisture levels in the home. These conditions can prevent compound and/or paint from drying as expected. We will make reasonable efforts to adhere to the agreed-upon schedule, but delays caused by such conditions are beyond our control, and may incur additional time and labor costs

-Sanding and/or wall preparations accumulate substantial amounts of dust, pollutants and/or construction impurities produced during the normal course of a project. We shall provide covering/protection, as needed, to minimize dust spread; HOWEVER, you are advised to take every health and safety precaution. We are not responsible nor liable for any health/adverse reactions caused to you, family members, pets, neighbors 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 these coverings installed, a certain amount of dust and debris may leak through the coverings and extend into the remainder of the home not being worked on, or seep onto furniture

-Work/Transit Floors and furnishings are covered and protected, as needed

-Prime & Paint, as needed. Roll/brush two (02) coats top paint, as needed

-If wall art or other items are to be removed and then reinstalled as part of the painting project, you are responsible for informing us in advance. Any necessary drywall or wall repairs resulting from the removal of wall art may incur additional costs. Furthermore, if new hardware or anchors are required for the reinstallation of, but not limited to,  wall art, décor, etc. these shall incur an additional cost

-Any wall art or other items that are removed as part of the painting project and are to be reinstalled, will be reinstalled in their original locations. We will not accommodate requests to move wall art to new locations, such as from arm’s level to over a stairwell or other difficult, hard-to-reach areas. Any such requests will be considered additional work and shall incur extra charges, which will be discussed and agreed upon separately

-If you request that a wall art to be hung at a specific height and later decide to change the height after the work has been completed, an additional cost shall apply. This cost shall cover the labor and any necessary repairs to the wall from the initial installation.

-You understand and agree that newly painted surfaces, even if the color is the same as the existing, may not perfectly match the existing surfaces that are not painted. Additionally, any differences in textures for drywall or repairs may result in a noticeable variance once painted. We will make reasonable efforts to blend new and existing surfaces, but an exact match is not guaranteed

-Your attention is called to the fact that new materials may be of different texture and finish from the existing building materials in the work areas; new materials may have a different finish, texture and look when installed, applied, painted, stained and/or completed. Also, materials may no longer be available or manufactured upon order submission resulting in either trying to make an “as-close match” as possible, if applicable, and/or therefore, requiring to make another selection; new selection must be approved in writing. Should new selection change, modify or add labor/ materials or change method of install or cost, shall require a Change Work Order

-EPA: RRP: Renovate, Repair & Paint: Procedure: Lead Check:  Under the 40 CFR Part 745.89 Rule, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, childcare facilities, and schools built before 1979 must be certified and must follow specific work practices to prevent lead contamination. We are certified for purposes of Section 402 of TSCA (Toxic Substances Control Act). Any premises that are pre-1979 shall require a Lead Check as required by law. Such services shall incur an additional charge. The appropriate documentation shall be provided to you, as applicable. You agree to sign these documents upon receipt

-Painting & Paint touch-ups which may be required after completion is not included and is the sole responsibility of the Customer

-Any additional charges shall be added to a Final Invoice; you agree to pay the Final Invoice upon receipt

Materials

-Should you be responsible to purchase/acquire any materials for the job, such materials must be readily available, on premises, BEFORE the start date of your project. Should said materials not be readily available upon Pro’s arrival, shall constitute a delay on your part; fees may apply

-Any changes to the specified materials will be subject to approval and may incur additional costs

-Any materials, including paint and supplies, included in your Order that are to be purchased by us for the completion of the project remain the property of PR&H. These materials are provided solely for the purpose of completing the contracted work and are not transferable or refundable to the Customer. Any unused/remnant materials at the completion of the project shall remain the property of PR&H.

Exclusions, Unless Otherwise Specifically Stated in your Order

-Deep cleaning of surfaces to be painted

-Cleaning and/or washing of any items left by you inside of the designated sink that is to be used by us during service for tool/equipment cleaning

-Not limited to, any area/item/service not specifically stated in your Order, including behind appliances, behind wall-mounted TV’s, behind furnishings not moved, inside closets/pantries, inside cabinetry, areas not reachable and/or posing a safety hazard

-Unforeseen repairs

-Structural repairs

-Moving and/or setting back of, but not limited to, blinds, window treatments, appliances, furnishings/personal items, TV’s, electronic devices of any kind, décor or wall art, etc.

-Purchase/Acquisition and/or Removal/Install of any door locks, devices, handles, knobs, hardware, etc.

-Re-Hanging of electronic devices, TV, items, wall art/décor, etc.

-Relocating/Re-Hanging of, but not limited to, TV, electronic devices, décor, wall art/items AFTER it was completed

-Wall repairs due to any item relocation

-Not limited to, hardware/ anchors/ brackets, or other, etc.

-Painting of ceiling medallions and/or other ceiling décor / accessories, etc.

-Lead Check, Containment & Cleanup for pre-1979 homes

Clean-Up

-Project to be left in a broom-swept and/or vacuumed condition

-Debris/Garbage to be consolidated and left at your garage and/or your garbage bin area(s)

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.

Clean-Up: Your project shall be left in a broom-swept or vacuumed condition.

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.

Reinstallations are to be done in their same locations, using existing connection sources, as applicable, unless otherwise stated in your Order.

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.

Disclaimer of Visual Representations Accuracy

During Estimate and/or Proposal, we may have included pictures, sketches and/or sample proposal to visually convey the concept, design, or product. It is important to note that these visual representations are for illustrative purposes only and may not represent an exact rendition of the final product or outcome. We make every effort to ensure that these visuals accurately depict our intentions, but due to various factors such as material availability, design modifications, and practical implementation, there may be variations between the visuals and the actual result. You acknowledge and understand that these variations can occur and you shall therefore not hold us responsible nor liable for any discrepancies between the visuals and the final product. We remain committed to delivering a high-quality product or service, meeting or exceeding the specifications outlined in your estimate or proposal, to the best of our ability.

Site Access & Permission To Enter (PTE):

Permission to Enter (PTE) allows us to enter the jobsite for the purpose of completing the services requested. You shall provide site access for us throughout the Project Schedule, including CWO schedules. You shall grant free access to work/storage areas, as applicable to your job.

If you are not going to be present during the Project process, a Permission To Enter (PTE) Form shall be provided to you requiring your signature. You understand and agree that if key(s) or access code, if applicable, is not furnished to us prior to job start, you will provide access to the residence/jobsite during normal project hours as scheduled for the day, throughout the duration of your project, or as outlined on the PTE Form, as applicable.  In the event you decline to authorize PTE, you must make yourself available and/or an adult 18 years or older representing on your behalf and who is authorized to sign-off on a Certificate of Services Rendered must be present for us to perform services. We will not enter a jobsite to perform any services where a minor is present without your/adult supervision. The work is to be completed during normal project/business hours.

If at any time access to the work/storage areas is not available to us for any reason, a Trip Charge 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 shall apply. NOTE: The Booking of the original purchase is subject to change due to material/labor cost fluctuations at time of subsequent booking; a follow-up appointment can then be scheduled.

Any such delays exceeding more than TWO (02) CALENDAR DAYS shall require an updated order resulting in additional costs and time considerations. You assume liability for any damages incurred to the premises / belongings as a result of non-access to the jobsite, i.e. failure to have a plumbing leak corrected leading to water damage, etc.

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.

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.

Exclusions

We will do the work and provide respective materials only as outlined in the specifications of your Order for the agreed amount and schedule as proposed; labor, services and materials for the work described in your Order pertain only to the specified specifications of the Order.  All installations, repairs and construction shall be performed according to standard industry practices; any unforeseen, concealed and/or unusual events that may occur that increase time in labor, material cost or change methods of installation/construction/remodel/repair is not included. You are not to assume that any work/services are to be performed that are not specifically stated in your Order, or in a CWO. All installations, repairs and construction shall be performed in their existing locations, unless otherwise stated in your Order.

The following, such as but not limited to, is expressly excluded:

-Defects or malfunctions of any kind found in any consumer product, equipment, fixture, furnishing, items, and/or materials, whether old or new, whether before, upon or after installation / reinstallation

-Removal and disposal of any materials containing any hazardous materials as outlined by the EPA

-Repairs to ceiling, surrounding walls and/or adjacent walls and/or flooring

-Installation of Cabinetry accessories such as, but not limited to, drawer dividers, utensil organizers, pot/pan dividers, lazy-susan, etc.

-Custom milling of any wood for use on your job

-Moving your property around the jobsite, whether interior or exterior

-Labor or materials required to repair or replace any customer-supplied materials/consumer products, if any

-Final construction professional cleaning (we leave the jobsite in a “broom clean” condition)

-Correction of existing out-of-plumb, out of square or out-of-level conditions in existing structure, or improperly pre-constructed structures

-Corrections of concealed substandard framing

-Rerouting/removal of vents, pipes, ducts, structural members, wiring or conduits, steel mesh, screen or rebar which may be discovered in the removal of floors, walls or ceilings of wood, concrete or any other solid materials or the cutting of openings in the same

-Removal and replacement of existing rot or insect infestation of any kind

-Failure of surrounding parts of existing structure, despite our good faith efforts to minimize damage, such as peeling paint, plaster or drywall cracking, splitting and popped nails in adjacent rooms or blockage of pipes or plumbing fixtures caused by loosened rust or other materials within the pipes

-Exact matching of existing finishes, colors or textures

-Public or private utility connections

-Repair of damage to existing roads, sidewalks, driveways, landscaping and trees, shrubs and plants that could occur when tools/equipment, garbage removal and vehicles are being used in the normal course of project process

-Removal of any hazardous material, such as but not limited to, lead, asbestos, mildew, termites, mites, pest infestation, mold, bacteria or any other foreign substance

-Special permits or engineering fees or procedures

-Structural or engineering work of ANY kind

You agree to pay pursuant to the Terms & Conditions of Service, Policies & Provisions of the Agreement. It is to our sole discretion whether to request a deposit, fee or full cost for any particular service, and the form of payment method for any particular job or service. Bookings are required to be paid in full-upfront to reserve a schedule and/or per job/service category requirements. Services over USD$5,000.00 may be subject to a deposit required and/or Payment Schedule, as applicable. Credit Card payments are not accepted for jobs/services costing over USD$501.00 (unless otherwise booked directly online and/or to our sole discretion to request another payment form at time of Booking); jobs/services costing over USD$501.00 are to be paid via Personal Check (some restrictions apply to Personal Check payments) unless otherwise booked directly online and/or to our sole discretion to request another payment form at time of Booking). Please reference the PAYMENT TRANSACTION/METHODS section below), Cashier’s Check, Money Order, Cash or ZELLE payment (unless otherwise booked directly online or to our sole discretion to request another form of payment at time of Booking). You are made aware that the Appointment Schedule is not reserved, and material orders are not submitted nor any Services are to commence until your funds have cleared, posted and have become readily “available” in our account. Any delays in clearing of funds to post and/or to become available to our account shall affect the service schedule Start/Completion Dates, accordingly. Additional fees on payment delay(s) shall apply.

Customer’s Promise to Pay

Before completing any transaction, we will secure your promise to pay for each Service/Order by disclosing all Terms & Conditions of Service, Policies & Provisions to this Agreement via a link included in your Payment Link whereas your affirmative consent to those Terms & Conditions of Service, Policies & Provisions by writing “Yes” on the transaction Payment Link, serves as your agreement and acceptance of the Agreement before making your payment to book your Schedule Appointment, and therefore, giving us the right and permission to collect your payment.

Customer Failure To Make Payment(s)

YOU UNDERSTAND AND AGREE THAT ANY MEDIUM OF PAYMENT DUE AND/OR PRESENTED FOR PAYMENT THAT IS RETURNED, STOPPED, INSUFFICIENT FUNDS OR CHARGED-BACK  DUE TO ANY REASON CAUSED BY YOU OR YOUR BANK/LENDER OR OTHER INSTITUTION HANDLING THESE MONIES THAT DELAYS THE DEPOSIT/PAYMENT OF THE MONIES DUE OR PAID FOR BY YOU IN ACCORDANCE TO THE TERMS & CONDITIONS OF SERVICE & POLICIES AS SET FORTH IN THIS AGREEMENT, SHALL INCUR A LATE FEE OF 10% OF THE TOTAL AGREEMENT COST PER MONTH UPON THE IMMEDIATE DATE IN WHICH IT IS DUE AND INCURRED ON THE FIRST (01^ST) OF EACH MONTH THEREAFTER, INCLUDES ANY ADDENDUMS, CWO’S, ETC., PER OCCURRENCE, OR THE MAXIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS MORE, IN THE STATE WHERE THE PROJECT IS LOCATED, PLUS ANY/ALL FEES ASSESSED BY THE BANK/LENDER OR OTHER INSTITUTION HANDLING THESE MONIES, AND ANY/ALL OTHER RESULTANT CHARGES, FEES OR LATE FEES, REGARDLESS OF THE REASON OR THE EXTENT OF THOSE CHARGES OR FEES, SHALL BE PAID BY YOU. ANY/ALL OTHER COSTS INCURRED BY PR&H IN COLLECTION OF DELINQUENT AMOUNTS SHALL BE PAID BY YOU, UNTIL PAID. MONTHLY LATE FEE SHALL BEGIN AND INCLUDE THE MONTH AS OF THE DATE OF NON-PAYMENT OR RETURN, STOP OR CHARGEBACK, WHICHEVER COMES FIRST. IF CUSTOMER DOES NOT PAY FOR ANY REASON CAUSED OR INITIATED BY CUSTOMER AND/OR CUSTOMER’S BANK/LENDER OR OTHER INSTITUTION, WE SHALL CONSIDER CUSTOMER’S PAYMENT TO BE DELINQUENT AS PER THE TERMS & CONDITIONS OF SERVICE & POLICIES AS OUTLINED IN THE AGREEMENT.  YOU ALSO UNDERSTAND AND AGREE THAT A LIEN MAY BE FILED AGAINST THE/YOUR PROPERTY, ADDITIONAL FEES AND LEGAL PROCESS SHALL APPLY.

YOU ARE MADE AWARE THAT YOUR FUNDS MUST CLEAR AND BECOME AVAILABLE IN OUR ACCOUNT BEFORE ANY MATERIAL ORDER CAN BE SUBMITTED FOR PURCHASE AND/OR BEFORE ANY SERVICES ARE TO BE RENDERED. YOU ARE MADE AWARE THAT ANY DELAY IN YOUR FUNDS CLEARING AND BECOMING AVAILABLE IN OUR ACCOUNT MAY AFFECT THE PROJECT START/COMPLETION SCHEDULE.

ANY PAYMENT AMOUNT OF THE CONSULTATION FEE COLLECTED, IF APPLICABLE,  THAT IS TO BE APPLIED TO ANY FINAL ESTIMATES/QUOTE, IF APPLICABLE, SHALL BE APPLIED UPON THE FINAL BALANCE DUE, ACCORDINGLY.

FOR LARGE PAYMENT 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. 

Payment Transaction/Methods

Personal Checks: Personal checks are only accepted from recurring customers and/or from customers who have been referred to us by another customer for whom we have already completed jobs for. Other restrictions may apply. It is to our sole discretion as to whether to accept/not accept a check payment from a new customer.

Other Methods: Cashier’s Check, Money Order, Credit Card, ZELLE and/or Cash payments. Cash payments shall receive a signed receipt and/or email or text confirmation of receipt. We accept VISA, MASTERCARD, DISCOVER, AMERICAN EXPRESS.

Personal Check, Cashier’s Check or Money Order are to be made payable to: Pencils Remodeling & Handyman, LLC.

Charges

As a Customer, you understand that request or use of the Services will result in charges to you (“Charges”). Charges include all applicable fees, surcharges, and taxes. PR&H has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms or quoting you a price for a specific service at the time you make a request. Pricing may vary based on the type of service you request. You are responsible for reviewing the applicable price quote and shall be responsible for all Charges incurred under your Agreement regardless of your awareness of such Charges or the amounts thereof.

Your selected payment method will be charged for the full-service fee as outlined. Projects that cannot be started and/or fully completed due to, but not limited to, wrong Customer-supplied materials, Customer-related delays, undisclosed customer-provided information, wrong Customer-provided information, non-cleared (exterior/interior) work/transit areas, pre-existing improper structure constructions, unfavorable conditions, incompleteness of material/product/order, missing parts, pieces, components, documentation, damaged products, adult not present, unfavorable conditions, unsafe environment and/or due to any Customer/project related matter and/or due to any other situation outside of PR&H’s control, will be charged the full service charge; a Trip Charge 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 shall apply. NOTE: The Booking of the original purchase is subject to change due to material/labor cost fluctuations at time of subsequent booking; a follow-up appointment can then be scheduled. 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.

All Charges are facilitated through a third-party payment processing service. PR&H may replace its third-party payment processing services without notice to you. Charges shall only be made through the PR&H Platform and/or via our direct pickup. Your payment of Charges to PR&H satisfies your payment obligation for your use of the PR&H Platform and Services.

Estimate/Quote & Material Costs

 PR&H will estimate or quote you a price for Service at the time of your request. Said estimate/quote may be allocated for Labor only or Labor & Materials combined or to include other requests. The estimate/quote is subject to change until the request is confirmed by you and us. HOWEVER, you understand and agree that the quote/estimate can change upon, but not limited to, Pro’s direct visual assessment of the scope of work and/or due to any Customer/Project related matter, either not previously disclosed or that may arise as an unforeseen circumstance.

Pricing & Rates: Pricing and rates for labor, materials and services pertaining to your project are allocated to make up the entire project. Any requests and/or jobsite pre-existing conditions that do not fall within the terms of the Order shall be billed accordingly. Any such additions, modifications or deletions from the scope of work shall not constitute for any reimbursement and/or refund due to you, as the agreement cost/quote has been strictly estimated. Should the project require or should you request services and/or change the scope of work resulting above and beyond the cost of the project, a change shall be required, and a processing fee shall apply.

You are also made aware that due to current fluctuating costs, the estimate/quote and/or materials cost may be affected by unexpected cost increases, In the same manner, materials/products may be discontinued by the time they are ordered, therefore, resulting in a selection change which will consequently affect the original estimate/quote. You are therefore made aware that the estimate/quote is valid for TEN (10) CALENDAR DAYS as of the date provided to you and/or as of the date of purchase, whichever occurs first.

FURTHERMORE, should you request to reschedule the appointment, in accordance to the Cancellation Policy below, you understand that the estimate/quote provided to you shall expire in TEN (10) CALENDAR DAYS, and therefore the job may require re-estimating to accommodate any increases in industry/material cost.

Other Charges

Other fees and surcharges may apply to your Service, including, but not limited to, State or local fees and processing fees. All fees/charges are subject to applicable sales tax, as required by law for PR&H to collect applicable taxes or other costs. Following the completion of the Service, you may elect to tip your service team in cash or add it to any balance due on your credit card, if applicable. Any tips will be retained entirely by the service team.

Credit Card Payments: Populate Correct Sales Tax

As you complete the payment process information, please select the Google address recommended that pops up to populate the tax correctly. Should you fail to properly populate your sales tax, you shall be required to make your sales tax payment via another Payment Link. Other fees may apply.

Services requiring additional work/time, materials/supplies and/or special tools/equipment shall result in an updated estimate.

If Pro needs to pick up supplies/materials for you, additional cost(s) will be added.

Payment Schedules

Should your Order require payment(s) via a Payment Schedule, the Payment Schedule as outlined in your Work Order/Order Details or Contract shall be your written confirmation that you will agree to make those regularly-schedule payments as outlined therein. You agree to make payment(s) in accordance with the Payment Schedule pursuant to the terms of the Payment Schedule as outlined therein, and as specified in this Agreement, accordingly. You must make the payment(s) in the amounts and by the dates or terms shown in your Payment Schedule, as applicable.

Any payment amount collected, that is to be applied as a credit to an Agreement, as appliable, shall be applied upon the Final Balance due, accordingly and as outlined in your Order.

Financing

COMING SOON!

We understand that sometimes issues arise that will require you to cancel or reschedule your Schedule Appointment; HOWEVER, while schedules can change quickly, rescheduling, cancelling or skipping a booking, especially with short notice, causes us to lose valuable work. Therefore, fees apply when you cancel or reschedule a booking/Order. Although we strive to be as flexible as possible, while also being considerate of our time and resources, we have some rules. Our policies are designed to promote a reliable, consistent experience for you and us alike.

YOU HAVE AGREED TO THE FOLLOWING CANCELLATION POLICY. SHOULD YOU CANCEL OR RESCHEDULE FOR ANY REASON AFTER SERVICE HAS BEEN BILLED AND/OR THE SCHEDULE APPOINTMENT HAS BEEN RESERVED & PLACED ON OUR CALENDAR, AND/OR SHOULD WE NOT BE ABLE TO RENDER SERVICES FOR ANY REASON AS OUTLINED BELOW, SHALL INCUR A FEE, AS FOLLOWS:  

TYPE	DESCRIPTION	FEE
A. Appointment Cancellation or Reschedule After Payment Collected & Calendar Placement	You cancel or reschedule your Appointment within three (03) calendar days of Purchase. Day one begins on the day of Payment/Purchase.	No Charge or Penalty
B. Appointment Cancellation After Payment Collected & Calendar Placement	You cancel Appointment after three (03) calendar days of Purchase for any reason before the start of the scheduled arrival window	75% of the Original Service Cost Estimate
C. Appointment Reschedule After Payment Collected & Calendar Placement – LESS than 72 Hours	You reschedule with LESS than 72-hours before the start of the scheduled arrival window	10% of the Original Service Cost Estimate
D. Same Day or Short Notice Cancellation and/or Appointment/Job Cancellation After Payment Collected & Calendar Placement and/or The Scope of Work/Service/Product Is Different	You cancel 24-hours before the start of the scheduled arrival window and/or Pro/We are unable to either start/proceed/ finish service due to any customer/job related reason, job is subsequently halted due to any delay and you opt to engage another person(s) or service provider to start/ proceed/finish job without allowing us to fulfill our obligations to the Order, your decision to bypass the Order constitutes a breach of the Agreement on your part If cancellation occurs as a result of technician arriving to perform job, but the scope of work, service and/or product entered/described by You at booking does not match what is being asked of the technician	Full Total Booking Service Cost
E. Missed Schedule Appointment and/or Unable to Start and/or Complete Services	A Pro arrives for a scheduled booking, but is unable to either gain entry, start and/or is unable to render services, and/or complete services due to any Customer/job related reason	Full Total Booking Service Cost
QUOTES/ESTIMATES FOR REMODELS / RENOVATIONS: CANCELLATION AND/OR RESCHEDULE FEES & POLICIES FOR REMODELS AND/OR RENOVATION SERVICES SHALL BE OUTLINED, AS APPLICABLE, ON THE PERTAINING AGREEMENT / CONTRACT FOR THOSE SERVICES. SAID FEES & POLICIES SHALL NOT INVALIDATE THIS AGREEMENT, AS THE REMAINDER OF THIS AGREEMENT IS FULLY ENFORCED AND IS ALSO MADE PART OF THE REMODEL / RENOVATION AGREEMENT / CONTRACT.

ALLOW THIRTY – SIXTY (30-60) BUSINESS DAYS TO SUBMIT AS OF THE FOLLOWING BUSINESS DATE OF OCCURRENCE. BANK PROCESSING AND/OR CREDIT CARD POLICIES MAY REQUIRE ADDITIONAL DAYS TO POST BACK TO YOUR ACCOUNT. BUSINESS DAYS DO NOT INCLUDE WEEKENDS & HOLIDAYS.

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. INITIATING A CHARGEBACK UNDER THESE CIRCUMSTANCES IS FRAUDULENT ON YOUR PART, AS YOU HAVE AUTHORIZED & ACKNOWLEDGED THAT NO REFUND IS DUE TO YOU AS PER THE CHARGEBACK POLICY AS STATED HEREIN FOR WHICH YOU AGREED TO UPON BOOKING. SUCH ACTION SHALL LEAD TO US TAKING NECESSARY ACTION, INCLUDING BUT NOT LIMITED TO, AND PER OUR SOLE DISCRETION, TO SEEK RECOVERY VIA ARBITRATION AND/OR SMALL CLAIMS COURT. IN SUCH CASES, YOU WILL BE RESPONSIBLE FOR COVERING ALL LEGAL FEES & EXPENSES AS INCURRED BY US IN LEGAL PROCESSING, OFFICE WORK, RESEARCH AND TIME INCURRED, IN ADDITION TO THE AMOUNT ALREADY DUE. 

There is absolutely no reason for a Chargeback to ever be filed. If you think that your credit card, debit card or Payment Method was used fraudulently upon making your payment, or if you want to cancel the services/Order, or for any other concern, please contact us for immediate resolution. We will be more than happy to help you!

Chargebacks

Upon booking, you provided your acceptance, agreement and authorization to our TERMS & CONDITIONS OF SERVICE, PAYMENT POLICY, CANCELLATION POLICY, CHARGE BACK POLICY, PRIVACY POLICY & ARBITRATION PROVISION, by typing “Yes” for every payment/service purchased and were given the opportunity to read and review this Agreement in its entirety before booking. Your authorization is a binding agreement for us to charge your card or Payment Method and serves as your written authorization that you accept and agree to our Terms & Conditions of Service and Policies as stated in this Agreement, and as such you waive any right to file a Chargeback for any cause and agree to this Chargeback Policy, and as applicable to the Cancellation Policy above.

YOUR PAYMENT TRANSACTION IS YOUR AUTHORIZATION TO YOUR ORDER/CONTRACT AND THIS BINDING AGREEMENT TO HAVE US CHARGE YOUR CARD AND/OR SUBMIT YOUR PAYMENT METHOD, AND AS SUCH, YOU WAIVE ANY RIGHT TO FILE A CHARGEBACK FOR ANY CAUSE AND AGREE TO THIS CHARGEBACK POLICY.

YOU AGREE THAT YOU WILL NOT FILE A CHARGEBACK FOR ANY AMOUNTS CHARGED TO YOUR CREDIT, DEBIT CARD AND/OR PAYMENT METHOD YOU SUBMIT. If you want to dispute an order or charge, you agree to contact us directly, not file a Dispute with your financial institution/bank/credit card company and/or Chargeback.

If you file a Chargeback for a payment initiated by You or any authorized user of your card or Payment Method, you agree that we may recover the amount of the Chargeback by any means deemed necessary, including, but not limited to, recharging your card or Payment Method or having the amount recovered by a Collection Agency.

You understand and agree that in the event you initiate a Chargeback with a Payment Method provider for a Product or Service, in accordance to the Agreement, that in fact you owe payment for in accordance to the Cancellation Policy you agreed to above, and if you are successful in recovering the disputed funds that would otherwise be owed to us, we will make every effort to provide documentation to the Payment Method provider that you did receive the Product and/or Services in accordance to the Cancellation Policy. We may in our sole discretion dispute such Chargeback through all available means, including without limitation, by third-party debt Collection Services, in which event we shall be entitled to recover the cost of collection and any other fees incurred by us.

Furthermore, we reserve the right to issue an invoice/send a bill to you. You hereby agree to pay the invoice or bill in full in the event that a Chargeback dispute is initiated. Should You fail to make appropriate payment, we shall pursue any and all available legal and equitable remedies available by law, in accordance to the Cancellation Policy you agreed to.

You acknowledge and agree that we will be entitled to recover any Chargebacks that may be imposed on us by a Payment Method provider or third parties, plus associated fees, fines, expenses or penalties, as well as any processing or any other fees whatsoever incurred by us on those Chargebacks, in addition to any other sums that may be due hereunder. We may recover these amounts by debiting your account or setting off any amount owed to you, as applicable to the Cancellation Policy.

Contesting Chargebacks

You agree to assist us when requested, at your expense, to investigate your transaction with regard to the Chargeback. You agree to cooperate and provide ALL information that we request from you for the purposes of investigating and/or contesting a Chargeback and/or in our processing efforts to determine any form of grace compensation to you. We will send such requests to the email address that you have provided to us and you must provide a full response to the request WITHIN THREE (03) CALENDAR DAYS, unless another timeframe is specified in the request.

Notwithstanding the termination of the availability of the services to you for any reason, we shall remain entitled to contest and recover Chargebacks from you (and, where if relevant, from any party who has provided us with a guarantee or security relating to your obligations under this Policy/Agreement).

“Services Not Provided” or “Services Not Completed” or “Services Partially Completed”

You understand and agree that in the event we are unable to either start, proceed or finish services, and for any reason, the job is subsequently halted due to any delay (please refer to the Delays section in this Agreement for more information), and if you opt to engage another service provider to start/proceed/finish the project without allowing us to fulfill our obligations to the Order, you assume full responsibility for any expenses or costs you incur. It is important to note that your decision to bypass the Order and/or our agreement constitutes a breach on your part, and as a result, any payments received from you to date are non-refundable, and do not constitute your decision for a chargeback or to request a refund of any kind.

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 START, PROCEED 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. INITIATING A CHARGEBACK UNDER THESE CIRCUMSTANCES IS FRAUDULENT ON YOUR PART, AS YOU HAVE AUTHORIZED & ACKNOWLEDGED THAT NO REFUND IS DUE TO YOU AS PER THE CHARGEBACK POLICY AS STATED HEREIN FOR WHICH YOU AGREED TO UPON BOOKING. SUCH ACTION SHALL LEAD TO US TAKING NECESSARY ACTION, INCLUDING BUT NOT LIMITED TO, AND PER OUR SOLE DISCRETION, TO SEEK RECOVERY VIA ARBITRATION AND/OR SMALL CLAIMS COURT, AS APPLICABLE. IN SUCH CASES, YOU WILL BE RESPONSIBLE FOR COVERING ALL LEGAL FEES & EXPENSES AS INCURRED BY US IN LEGAL PROCESSING, OFFICE WORK, RESEARCH AND TIME INCURRED, IN ADDITION TO THE AMOUNT ALREADY DUE.

THEREFORE, you agree not to file a Chargeback for the reason of “Services Not Provided” or “Services Not Completed” or “Services Partially Completed” if services were performed partially and/or unable to be completed due to any reason as outlined in this Agreement, whether Customer/Project related. If you want to dispute an order or charge, you agree to file for a Return or Cancellation, not a Chargeback, as applicable, whereas the fees as outlined herein shall apply and according to the Cancellation Policy.

 Chargeback Fraud

A fraudulent Chargeback occurs when a Customer attempts to dispute a charge for a Product or Service that he/she has actually purchased. Attempting to dispute a valid credit card charge is fraudulent and illegal.

We do not tolerate Chargeback Fraud, and we follow the following procedures when it takes place:

• If you attempt to dispute or deny a valid charge, we will first contact you directly, because most disputed charges occur as a result of the Customer not recognizing our charge on their statement or the Customer decides to cancel the services because they hired another service provider to do the job, or they did the services themselves and figure they no longer need our services and want to therefore get out of the Agreement after the service has been billed and/or placed on our calendar, holding the slot that could’ve been otherwise provided to another Customer. You will have FIVE (05) CALENDAR DAYS to reverse your dispute upon receipt of our email, and you will also be advised via text that an email has been sent to you regarding the same.
• If you do not reverse the dispute or otherwise attempt to resolve the situation, we will file a police report with your local authorities and seek criminal charges against you.
• Your account will be turned over to a Collection Agency, which will initiate collection activities as well as report your account as delinquent to all the major credit bureaus.
• If you still do not resolve the situation by either reversing the dispute or reimbursing us for the amount disputed plus our bank fees, we will file an Arbitration Claim against you for which you will be responsible for all charges we incur; if you fail to proceed with the Arbitration process, a civil lawsuit will be filed against you for the amount disputed, for bank fees related to the Chargeback, for additional damages for the harm your Chargeback causes to our merchant credit record, costs incurred in processing documentation, arbitration costs and for punitive damages as the courts do not take credit card fraud lightly.

Chargeback Abuse

You agree not to abuse any Payment Method provider’s Chargeback policy and this Chargeback Policy.

In the event that you have filed a Chargeback, and the Chargeback was resolved in our favor by the Payment Method provider, you agree to terminate your Chargeback with the Payment Method provider immediately, and you agree to reimburse us for any costs incurred in researching, processing and responding to such Chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time we incur on the matter, as determined in our discretion in good faith.

In the event that a Chargeback is placed or threatened for any service, we reserve the right to report the incident for inclusion in Chargeback abuser database(s) of our choosing and in our sole discretion. The information reported will include your name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for the abuser to use credit card(s) on future purchases with us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to us for any outstanding amount owed to us + USD$150.00 for processing and handling by wire transfer or such other means as we may require. All legal fees and collection fees accrued in the entire process will be added to the total collection amount owed by abuser.

ALL UNRESOLVED CHARGEBACK ABUSE ISSUES COMMITTED WILL IMMEDIATELY BE REPORTED TO MAJOR CREDIT BUREAUS, CHARGEBACK ABUSERS DATABASES, AND COLLECTION COMPANIES. THIS CAN SEVERELY DAMAGE CREDIT RATINGS FOR UP TO SEVEN (07) YEARS.

Contact Us

If you have any questions or suggestions about our Chargeback Policy, please contact us at info@pencilsremodeling.com

ANY DISPUTE COMMUNICATIONS MUST BE MADE IN WRITING EITHER VIA EMAIL OR TEXT TO 866-936-8160.

Pencils Remodeling & Handyman, LLC (PR&H) operates the website, text and phone, which provides the PLATFORM.

This section is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service/Platform, the PR&H website.

If you choose to use our Service/Platform, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms & Conditions.

Information Collection & Use

For a better experience while using our Service/Platform, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.

Log Data

We want to inform you that whenever you visit our Service/Platform, we may collect information that your browser may send to us as data. This data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service/Platform that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

Cookies

Cookies are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive. Our website may use these “cookies” to collect information and to improve our Service/Platform. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service/Platform.

Service Providers

We may employ third-party companies and individuals due to the following reasons:
To facilitate our Service/Platform;
To provide the Service/Platform on our behalf;
To perform Service/Platform-related services; or
To assist us in analyzing how our Service/Platform is used.
We want to inform our Users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Confidentiality

You acknowledge that during the term of your Order, we may acquire confidential or proprietary information, including, but not limited to, information concerning your property, finances, and ownership, which may be accessible via public records and/or directly provided by you. We shall not duplicate, use, nor disclose Confidential Information to anyone, except to personnel on a need-to-know basis solely in connection with performance of the services described in your Order. Confidential Information shall not include information to the extent that it is or becomes publicly available through a source other than PR&H.

Links to Other Sites

Our Service/Platform may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Other Third Party Communications

Should we receive a communication from anyone 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..

Children’s Privacy

Our Services/Platform do not address anyone under the age of 18. We do not knowingly collect personal identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our server or data base. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. These changes are effective immediately, after they are posted.

Your information is any information you provide via third-party applications and/or directly via our PR&H Platform and/or any media we collect during services. You consent to us to use your information to create your account with us that will allow you to use the Service/Platform and request and/or follow-up with us regarding the services you have purchased.

Project Media: You are made aware that we shall photograph/video/record any/all matters related to the project/services. You consent for us to use said media/any other information about the job, at our discretion and option, in any publication/ display/ promotion/ advertising material/dispute/controversy/claim (printed or electronic). This consent also serves to waive your rights of privacy and/or any compensation. You further understand that this consent is expressly intended to release us from any claim arising out of the use of such media. Should you request copies of said media, the request MUST BE MADE IN WRITING and such request shall not invalidate the agreement set forth in this paragraph. A processing fee shall apply; the processing fee is dependent on the amount of media requested. We must secure payment for said media requested BEFORE we reproduce and provide said media to you.

You are solely responsible for your information and your interactions with other members of the public, and we act only as a passive conduit for the online posting of any media obtained during services; you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, right to use, copy, perform, display and distribute such media and incorporate it into other work/services and our Service/Platform, at our discretion.

IMPORTANT: DISPUTE RESOLUTION PROVISION: There is absolutely no reason for a claim to be filed. If you think that we have not provided the services as agreed and as applicable to the Agreement, or if you want to cancel the service, for any reason or concern, please contact us first for some form of resolution. We will be more than happy to help you!

You shall FIRSTLY contact us via email or text communication (in writing) to advise of any concerns, deficiencies and/or dispute, controversy or claim you may have pertaining to your project and/or our services to allow us the opportunity to address, discuss and/or research your claim/inquiry in an effort to attempt to resolve said matter before proceeding to Arbitration or Small Claims Court process. You are responsible to confirm that we have received your written communication. Should Users be unable to come to a mutual amicable agreement to resolve the matter, the following shall then apply accordingly:

We shall not respond to abusive emails, faxes, mail, SMS/text, phone calls and/or voicemail messages. We do not tolerate nor endure verbal or physical abuse of any kind from you or anyone representing you; such behavior shall be grounds for termination of this Agreement and shall be considered a breach of this Agreement on your behalf.

IMPORTANT: SMALL CLAIMS COURT DISPUTE RESOLUTION:  Should Users be unable to come to a mutual amicable agreement to resolve the matter, either party may bring the claim to Small Claims Court, as follows:

New Jersey: Maximum amount allowable to file a Small Claims Court claim in the State of New Jersey is:

Five Thousand, US Dollars and Zero Cents (USD$5,000.00). Subject to change as per current maximum amount allowed by the State. Disputes above USD$5,001.00, shall be submitted via Arbitration via the American Arbitration Association (AAA), under its Construction Industry Arbitration Rules.

Pennsylvania: Maximum amount allowable to file a Small Claims Court claim in the State of Pennsylvania is:

Twelve Thousand, US Dollars and Zero Cents (USD$12,000.00). Subject to change as per current maximum amount allowed by State Amounts above USD$12,001.00, shall be submitted via Arbitration via the American Arbitration Association (AAA), under its Construction Industry Arbitration Rules.

IMPORTANT: ARBITRATION PROVISION:

Mandatory Arbitration of Disputes. You hereby agree that any dispute, claim or controversy arising out of or relating to the Agreement, or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform or the Services (collectively, “Disputes”) will be settled solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding, administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

You hereby agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of the Agreement, and that you hereby waive your right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Agreement.

You agree that in the event of a dispute/controversy/claim arising out of or relating to the Agreement that was unable to firstly come to a mutual agreement between Users before proceeding with the Arbitration process, you mutually agree that any such dispute/controversy/claim will be submitted to binding arbitration before a single arbitrator in the State of Pennsylvania and/or the State where services were rendered, administered by the American Arbitration Association (AAA)(www.adr.org ). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration has the advantage of generally being faster, less expensive and more informal than traditional litigation. It does not provide, however, for the assurance of pre-hearing discovery, public trial by jury, or appeal. Users are made aware at the time of receiving this Policy that there is a distinction between resolving a dispute via Arbitration as opposed to a judicial forum (in court). Users to this Agreement understand and agree they are waiving/surrendering their rights to litigate (surrendering their rights to sue, waive right to have a jury resolve the dispute), in court; the waiver of a right to a plenary trial and jury of their peers is clearly and unmistakably established herein. Upon receipt of this Agreement, you acknowledge your informed consent to use Arbitration to resolve disputes with PR&H. You are recommended to seek independent legal advice prior to proceeding with this Agreement. This Arbitration Provision shall survive any termination of the Agreement. If any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable.

Conducting Arbitration and Arbitration Rules

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Construction Arbitration Rules (the “AAA Rules”) then in effect, except as modified by the Agreement. The AAA Rules are available at www.adr.org  or by calling 1-800-778-7879. A User who wishes to start Arbitration must submit a written Demand for Arbitration to AAA and give notice to the other User as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

If the claim is for USD$5,000 or less in New Jersey or for USD$12,000 or less in Pennsylvania, the claim shall be submitted via Small Claims Court, accordingly. If the claim exceeds the amounts as posted in this paragraph, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place at your premises pertaining to the project/service, unless the Users mutually agree upon a different location. The Users agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Arbitration Costs

We have no reason to file an Arbitration process pertaining to fulfilling our part of the Agreement, as outlined in the Agreement, unless you stop us from performing our part of the Agreement and/or the project prevents us from doing so.  Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You shall be responsible to pay for your and our filing, administration and arbitrator fees and all expenses incurred by us for whatever the Dispute amount may be, unless the arbitrator finds the Dispute frivolous. Whether whomever may be the prevailing party, you or us, you shall pay for all our attorneys’ fees and costs and expenses incurred. If you prevail in arbitration, you shall be responsible for your own attorneys’ fees, costs and expenses to the extent provided under applicable law.

Class Action Waiver

EACH USER HEREBY AGREES THAT IT MAY BRING CLAIMS AGAINST THE OTHER USER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the User’s dispute is resolved through Arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the remainder of the Arbitration Provision / Dispute Resolution section shall remain enforceable.

Severability

With the exception of any of the provisions in Article “Class Action Waiver”, if an arbitrator or court of competent jurisdiction decides that any part of the Agreement is invalid or unenforceable, the other parts of the Agreement will still apply.

If any provision of this Agreement is or becomes invalid or non-binding, the Users shall remain bound in full force and effect by all other provisions of this Agreement. In that event, we shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

The Headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such article. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A User’s failure to act with respect to a breach by the other User does not constitute a waiver of the User’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and PR&H with respect to the subject matter hereof and supersedes all previous understandings and agreements between the Users, whether oral or written.

If you have any questions regarding this Agreement, please contact us via EMAIL at info@pencilsremodeling.com or TEXT to 866-936-8160.

Disclaimers

The following disclaimers are made on behalf of PR&H:

We do not warrant that your use of the PR&H Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the PR&H Platform will be corrected, or that the PR&H Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the PR&H Platform or Services.

You are responsible for the use of your User account and PR&H expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

Opinions, advice, statements, offers, or other information or content concerning PR&H or made available through the PR&H Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the PR&H Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the PR&H Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Any of your Information you provide on the PR&H Platform may be accessible to PR&H and certain Users of the PR&H Platform.

Restricted Activities

With respect to your use of our Platform and your request for our services, should any dispute/controversy and/or claim arise out of our relating to the Agreement, you agree that you will not:

Act in a manner that is defamatory, trade libelous, threatening or harassing to PR&H
stalk, threaten, or otherwise harass PR&H in any way or form whether directly in person, via any written communication, including email and/or SMS/text nor via any verbal communication, including telephone, landline, mobile or other use;
submit our email address and/or website, telephone number or SMS/text platform to spam/junk and/or inappropriate websites and/or platforms;
provide false, inaccurate, deceitful or misleading information;
pay any obligation to us with stolen funds, ill-gotten gains, or fund procured through ID theft or fraud;
refuse to cooperate in an investigation or provide confirmation of any information you provide us;
refuse to cooperate in providing information requested to you by us and/or by any third party contracted by us to obtain any information that will help us to investigate and/or resolve any issues, disputes or claims between you and us;
control an account that is linked to another account that has engaged in any of these Restricted Activities;
interfere with or disrupt the PR&H Platform or the servers or networks connected to the PR&H Platform;
post information or interact on the PR&H Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the PR&H Platform in any way that infringes any third party’s rights; post, email, text or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
manipulate identifiers in order to disguise the origin of any information transmitted through the PR&H Platform;
“frame” or “mirror” any part of the PR&H Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the PR&H Platform or any software used on or for the PR&H Platform;
rent, lease, lend, sell, redistribute, license or sublicense the PR&H Platform or access to any portion of the PR&H Platform;
use an anonymizing proxy; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the PR&H Platform or its contents;
use or manual process to monitor or copy our website without our prior written consent;
use any device, software or routine to bypass or interfere or attempt to interfere with our Platform;
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
conduct your business or use our Services in a manner that results in or may result in complaints, disputes, reversals, fees, fines, penalties or other liability to us, other Users, Third Party or you;
transfer or sell your User account, password and/or identification to any other party;
take any action that imposes or facilitates any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
circumvent any PR&H Terms & Conditions of Service or any of our Policies or determinations about your account wit us such as temporary or indefinite suspensions or other limitations or restrictions, including but not limited to, engaging in the following actions: attempting to create a new or additional Orders when an Order has been restricted, suspended or cancelled or otherwise limited;
creating new or additional Orders using information that is not your own (i.e. name, address, email address, etc.), or using someone else’s Order;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or cause or assist any third party to engage in the restricted activities above.

DEFINITIONS

“Users / User” means Customer(s)/Buyer/You and PR&H are collectively referred to as “Users”; Users access and use the Platform on the terms and conditions of this Agreement.

“Affiliate” means, with respect to any entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such entity. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.

“Data” means all data collected by PR&H through the Platform.

“Effective Date” means the date the Agreement became effective and as posted to our website, and your acceptance of the Agreement upon making your first transaction payment, which constitutes your acceptance to any modifications made to the Agreement thereafter, via your continued use of the Platform to date. It is your responsibility to review the Agreement before continuing to make your payment and/or before your continued use of the Platform.

“Effective Date” means the date you accepted your Work Order and this Agreement.

“Personal Information” means any Data that relates to an identified or identifiable natural person, including a User, that is shared with User via the Services.

“Platform” means collectively, the website located at https://www.pencilsremodeling.com , PR&H’s email: info@pencilsremodeling.com , Phone/Text: 866-936-8160 , which is accessible through tablets, cell phones, personal digital assistants, connected computers, and other devices.

“Project” means a remodel/renovation, General Contracting Services, Consultation Services, Handyman Services (which include, but is not limited to, assemblies, repairs, replacements, etc.), for work/job/order/service requested by you or posted by us.

“Services” means the services provided by PR&H and/or as requested by you, to be carried out in accordance, as outlined and/or as categorized by the Agreement.

“Transaction” means the payment for an agreement between Users regarding a Project/Service.

“User” means any end user of the Platform who posts and/or requests a Project/Service.

“Website” means Pencils Remodeling & Handyman LLC website located at https://www.pencilsremodeling.com