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Official Logo B&D Residential Services

Terms of Service

Effective Date: [12/01/2024]

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These Terms of Service ("Agreement") are entered into by and between [B&D Residential Services LLC], a home repair and maintenance service provider located in Austin, Texas ("We," "Us," "Our") and the customer ("You," "Your," "Customer") who engages in any of the services provided by us. By scheduling or using our services, you agree to comply with and be bound by these terms and conditions.

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1. Services Provided

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We offer a variety of home repair and maintenance services but not limited to:

  • Plumbing (non-emergency) 

  • Electrical (non-emergency)

  • Installation of appliances, fixtures, and furniture

  • Painting (Interior and exterior)

  • Indoor and outdoor (Blind and shades installation, patio deck repair, power wash, etc.)

  • Drywall repair and installation

  • Preventative maintenance and system checks (HVAC, plumbing, etc.)

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The specific scope of services, fees, and duration will be agreed upon before work begins. More information can be found at http://bdresidentialservices.com

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2. Appointment Scheduling and Cancellation Policy

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  • Scheduling: Appointments may be scheduled via our website, phone or email. Once scheduled, you will receive a confirmation of your appointment. Please ensure that accurate information is provided when scheduling.

  • Cancellations: If you need to cancel or reschedule, please notify us at least [24 hours] in advance. Cancellations or reschedules made with less than [24 hours] notice may be subject to a cancellation fee of [$75].

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3. Payment Terms

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  • Rates: Our rates are based on a flat fee depending on the nature of the work. We will provide an estimate for the cost of labor before starting any work. The cost of any necessary parts or materials to complete repairs must be provided by the customer or will be charged separately.

  • Invoices and Payment: Invoices will be provided upon completion of the work. Payment is due immediately upon receipt. We accept cash, checks and credit/debit cards.

  • Late Fees: If payment is not received within [30 days] of the invoice date, a late fee of 1.5% per month will be applied to the outstanding balance.

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4. Customer Responsibilities

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  • Access to Property: You must ensure that we have access to the areas where services will be provided. This includes providing a safe and clear work area. We reserve the right to suspend work if conditions are unsafe or obstructed.

  • Safety and Cleanliness: You are responsible for clearing the work area of personal items and valuables. We are not liable for any loss or damage to items left in the work area.

 

The customer is responsible for the condition of the property and the existing materials contained therein. The determination of the presence of any hazardous material (as defined by the EPA) or pollutants (as defined by B&D Residential Services’s general liability insurance policy, e.g. without limitation, asbestos, molds, acids, etc., excluding lead in pre 1978 houses) is solely the responsibility of the customer. B&D Residential Services LLC has not made and is not required to make any determination of whether the premises contains or is free of hazardous material or pollutants. The customer warrants and represents that there are no hazardous materials or pollutants present in the area to be disturbed by the services contemplated under this Agreement.

 

Should hazardous material or pollutants, excluding lead in pre-1978 houses, be discovered at any time, it will be the Customer’s responsibility to:

  • provide any and all testing;

  • have material properly removed and disposed of;

  • pay B&D Residential Services LLC for any and all work completed up to the time of discovery; and

  • indemnify and hold harmless B&D Residential Services LLC and any subcontractors or vendors of us for any injuries or damages incurred as a result of any such hazardous material or pollutants, including, without limitation, any liability relating to clean up expense, personal injury, or property loss.

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  • Permit and Licensing: You are responsible for obtaining any necessary permits, unless otherwise agreed. We will inform you of any permits required for specific jobs, but obtaining those permits is your responsibility.

 

5. Additional Terms 

 

5.1 Subcontractors. B&D Residential Services LLC shall have the right to use third parties in performance of its obligations and the services hereunder. 

5.2 B&D Residential Services LLC warrants that it has the right to enter into this Agreement and that all services performed under this Agreement shall be performed in a workmanlike manner.  EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND B&D RESIDENTIAL SERVICES LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

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6. Liability and Exclusions

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  • Liability: We are not liable for damage to pre-existing conditions or issues in your home that were not disclosed to us prior to beginning the work. This includes hidden damage, structural problems, or faulty materials.

  • Exclusions: B&D Residential Services LLC is not liable for any damages caused by misuse or abuse, fire, freezing, electrical, power surges, and/or water failure, water damage, lightning, mud, earthquake, soil movements, storms, accidents, pest damage, ordinary wear and tear or acts of God. We shall not be liable for any damages to the property arising from the acts or omissions of third parties, including, without limitation, Customer and other residents of the property, their agents, contractors and invitees, and/or other contractors/technicians during site visits and performed work. 

 

HOMEOWNER AGREES TO HOLD B&D RESIDENTIAL SERVICES LLC HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, EXPENSES, CLAIMS AND LIABILITIES ARISING FROM ANY OF THE FOREGOING EXCLUSIONS.

 

7. Warranties and Guarantees

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  • Workmanship Warranty: We offer a [30 days] warranty on the services we provide, covering defects in workmanship. This warranty does not cover damage caused by misuse, normal wear and tear, or natural disasters.

  • Manufacturer Warranties: Any warranties on materials, fixtures, or products used are subject to the manufacturer's terms.

 

8. Permits and Local Regulations

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  • Permits: You are responsible for obtaining any necessary permits required for the work unless otherwise agreed. We will notify you if any specific permits are needed.

  • Compliance with Local Laws: All services performed will comply with the applicable building codes and regulations in Austin, Texas. 

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9. Dispute Resolution

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Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English.  The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.

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Notwithstanding anything contained hereunder, Customer agrees and acknowledges that no dispute resolution or litigation shall be pursued by Customer for any breach of this Agreement until and unless B&D Residential Services LLC has had an opportunity to cure any alleged breach. Customer agrees to provide B&D Residential Services LLC with a detailed description of any alleged failure and a description of the steps that Customer understands must be taken by B&D Residential Services LLC to resolve the failure. B&D Residential Services LLC shall have thirty (30) days from B&D Residential Services LLC’s receipt of Customer’s notice to complete the cure.
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9. Limitation of Liability

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To the fullest extent permitted by law, our liability for any claim related to our services will be limited to the total amount paid by you for the specific service in question. We are not liable for any indirect, incidental, special, or consequential damages, including loss of income, personal injury, or property damage.

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10. Privacy and Confidentiality

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  • Privacy: We respect your privacy and will not share your personal information with third parties unless required by law or necessary to provide the services.

  • Confidentiality: Any confidential or proprietary information shared with us during the course of our work will be kept confidential, and we will not disclose such information to third parties unless required by law.

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11. Governing Law

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This Agreement is governed by the laws of the State of Texas, without regard to its conflict of law principles. Any legal action arising from this Agreement shall be filed in the courts of Travis County, Texas.

 

12. Modification of Terms

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We reserve the right to modify or update these Terms of Service at any time. Changes to these terms will be posted on our website, and you will be notified of any material changes. Continued use of our services after changes have been posted constitutes acceptance of the updated terms.

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13. Contact Information

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If you have any questions, concerns, or need further information regarding these Terms of Service, please contact us:

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B&D Residential Services LLC
5900 Balcones Dr. STE 100. Austin, TX. 78731
(737) 377-3102
info@bdresidentialservices.com
www.bdresidentialservices.com

 

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By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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