Terms of service suggestions and ideas

I’m looking to add this to my estimate acceptance process. Share some or all of your TOS if you have one. If not what are some good things to include. I want it to protect both parties without scaring off the customer. I use Markate and it has a feature where the customer has to sign and accept the estimate. You can attach a TOS. Recently had a customer stop answering calls on a 700 invoice so I’m going to send a letter of intent to lien, then an actual lien if that doesn’t do the trick. I’ve had this problem before and I always resolve it in a freindly manner with payment plans but what’s really pissing me off is being ignored. Not sure if I can get the lien with them accepting any TOS but I’m going to try.

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I don’t have much to say on TOS because I haven’t really started up yet. I was reading a post earlier today about keeping an attorney on retainer for just this type of event. Might be worth your time to check out a few in your area. @squidskcwas saying a good CPA and a good attorney are worth their weight in gold

And don’t forget a good chiropractor :wink:

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I knew i was missing something lol

Something like this?

General Disclaimer

This is a quotation of the named services, subject to the conditions noted below: By accepting this agreement I fully understand what has been reviewed to me and expectations set along with all other documentation that has been forwarded to me. Surface Therapy is not responsible for any leaks due to faulty seals on doors or windows nor any pre-existing conditions.
Please disclose these areas prior to commencement of work. We assume no liability for these conditions. Surface Therapy is fully insured.

  1. Legally Binding Agreement: By signing a contract with Surface Therapy, you are signing a legally binding contract for work to be completed at an agreed upon price. In the event that you break this contract, all deposits made to the company shall be surrendered as damages.
  2. Product Warranties: All warranties are limited to those offered by the manufacturers of the products used. Surface Therapy makes no additional warranties. If you ever have a concern regarding our work, Surface Therapy should be notified immediately.
  3. Water Usage: By signing this agreement, you agree to provide Surface Therapy the right to use an on-site water supply as needed to complete the stated project without compensation. If an exterior water supply is not supplied, it will be at an additional charge
  4. Courtesy: While Surface Therapy is on location and performing work on your property, you are responsible for keeping all children and pets, as well as other individuals away from the work area.
  5. Payments: Payments to Surface Therapy are due as per the contract schedule and are to be paid by check, credit card or cash. All balances are due upon completion of the job. Any variance to this policy must be agreed upon and in writing on our contract. Late charges will be immediately assessed on all balances not paid in accordance with contract terms. There will be a 3% surcharge if paying with credit and debit cards.
  6. Vehicles: Surface Therapy is not responsible for damage to any cars, rv’s, motorcycles, boats, or any other vehicles inside of our work zone. Please have all vehicles out of driveway or parking spot directly in working area.
  7. Removal & Replacement of Deck & Patio Contents : Removal and replacement of grills, deck furniture, planters and any other items are the responsibility of the homeowner. Should we need to remove items from the deck, we will not be responsible for any damage, breakage or for storage issues. An additional charge may be applied for time and labor devoted to the removal of these items.
  8. Damages: Surface Therapy is not responsible for damages due to improperly installed siding, loose shingles or siding, broken or opened windows, improperly sealed windows and doors, wood rot, defective construction, improperly secured wires, loose or improperly installed gutters and downspouts, and improper caulking. In every aluminum siding case and in some cases with vinyl siding, the sun and weather will bleach the color or cause fading. If present, pressure washing will enhance the look and effects of oxidation on vinyl or aluminum. Oxidation can be removed but not by conventional means. Surface Therapy will not be responsible for such conditions.
  9. Stains: Some stains cannot be removed by power washing. Rust, calcium and efflorescence, artillery fungus, splatters from stains and paints are examples of materials that cannot be removed by conventional means. We make every attempt to point these areas out to the customer when quoting the project.
  10. Surface Therapy expects your property to be in good repair and weathertight. This includes, but is not limited to all electrical service including receptacles and light fixtures. Doors and windows shall also be weathertight. Surface Therapy is not responsible for damages as a result of water infiltration from poor or improper installation, maintenance or repair of electrical related items or doors or windows.
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Here’s mine. Caution: it’s long and boring, and it also didn’t format correctly when I copied and pasted it lol

TERMS and CONDITIONS
This document serves as a binding agreement between the property owner, hereby identified as “client,” and Platinum Pressure Washing, LLC and its agents, owners, employees and subcontractors, hereby identified as “Company,” for the execution of services in exchange for payment for pressure washing services.
Permissions
Client or his/her agent agrees to allow Company on the property for the purposes of cleaning services. Client understands that there is no set timeframe for the completion of services and several visits to the property may be required. Company also has the permission to visit the property with little or no notice to assess service needs prior to the date of service, as well as to check completion after services have been rendered.
Client agrees to allow company to utilize their residential water source via outdoor spigot, which will be turned on and easily
accessible on the date of service. If on well water, or if in an area with low water pressure or volume, client agrees to cease
all water consumption inside the home to include faucets, dishwashers, washing machines, outdoor spinker systems etc.
Acknowledgment of Risks and Releases of Liability
Pressure Washing uses high pressure and caustic, or acidic, chemicals to clean difficult stains off of exterior surfaces. Utilizing this pressure allows the best clean possible; however operating at such high pressure can also cause damage. Platinum Pressure Washing, LLC’s technicians are well trained in utilizing their equipment and take the upmost precautions in making sure the company does not cause harm to your investment. Although high pressure is not used on residential siding, damage can still occur due to poor maintenance, neglect to the property, and/or low grade building materials. It is the responsibility of the homeowner to insure that their property has been maintained in accordance with its manufacture’s recommendations and any defects or areas of concern are repaired prior to washing to insure a watertight surface. The Homeowner assumes all of these risks and takes responsibility for any damage that occurs due to the above explanations. On the date of service, the Company will walk around the property and provide the client with photographic proof of any pre- existing damage. This proof is not all encompassing, as new damage can become apparent while the surfaces are being cleaned. When new damage is found, the Company will cease all cleaning efforts until the client can see the damage and acknowledge its existence.
The Client also agrees to release the Company of any or all liability for injuries sustained due to equipment placement to include injuries from tripping/falling, striking equipment, falling debris or equipment.
Client Responsibility On The Day of Service:

  1. Please have a water spigot activated and accessible
  2. Please have all windows & doors shut tightly.
  3. Please have all pets inside
  4. Clear the work areas of all items and remove all flags, doormats, vehicles, or sensitive materials from
    the areas being washed.

The Company suggests the Client utilize their property’s breaker box to shut off power to any and all exterior outlets, light fixtures, or any other electrically powered features. This is especially important to outlets that are not covered with exterior covers. Also, removing or opening any window screens will allow the Company to thoroughly clean windowsills. Removal of these screens will also allow for even distribution of detergent and streak-free drying. It is also vital to the preservation of the Client’s property that they notify the Company of any surfaces that cannot be cleaned with high alkaline or acidic detergents.
Exclusions:
 There is a $50.00 cancellation fee if notice is not given within 24 hours of service, or if the Company arrives and cannot wash due to steps1-4 not being completed.
 There is a $50.00 Processing fee for any returned checks.
 The Company is not responsible for water intrusion. While every effort is made to prevent this from happening, bad seals around windows and doors and cracks in concrete foundations can make this unavoidable.
 The Company is not responsible for the rare “fogging” effect that happens to multi pane windows with bad seals.
 This agreement to provide services is in no way a guarantee that stains will be removed completely. The Company does strive for a 100% customer satisfaction, and will work with homeowners when this does not occur.
 Notify the Company if there are any surfaces on or near the home that cannot have any form of detergent on them. If the company is not notified of this, The Company is not responsible for any ill effects to any surfaces regarding this matter.
Media Release
Client agrees to allow Company to utilize any photos, descriptions, reviews, quotes, or videos of the property and/or the
client in the context of marketing or advertising for the Company. The company will use these items described in this section without any compensation to the Client. Client agrees not to seek punitive action in a civil court of law regarding the
development, display, reproduction, or printing of the above examples of media. This does include the use of photos,
addresses, testimonials and videos posted or displayed on online venues such as social media and or the Company’s website. The Client also agrees to allow the Company to display a marketing sign on their property for no more than one week (seven calendar days).
Corrections of Damages
Platinum Pressure Washing, LLC shall only be obligated under this Contract for structural damages which are
a direct result of operator error, gross negligence, or willful misconduct. Damages must be discovered and reported within 3 calendar days of said completion. Upon receipt of written notice The Company shall be allowed 30 calendar days from date of receipt for the purpose of inspecting the premises. Platinum Pressure Washing, LLC shall have sole option of repairing or contracting repair work to correcting any structural damages that are a direct result of the Company.

Payment Terms
Payment is due upon completion unless alternate arrangements have been made and initialed on the service agreement (see below). Should Client utilize a credit card for payment, a 3% processing fee will be assessed.
Collection of Outstanding Debt
Platinum Pressure Washing, LLC reserves the right to attach a mechanic’s lien against a homeowner’s property for non-payment. At 30 days past due, a formal notice of intent to file this lien will be sent via registered mail. Interest rate of 2% per month begins accruing after day 31 of nonpayment. Platinum Pressure Washing, LLC also reserves the right to enter into civil claims court to collect outstanding debt. All legal fees incurred will be added to the remaining unpaid balance. This contract is binding.
Agreement to Terms
By accepting an estimate, the Client agrees that all the specifications and conditions are satisfactory and hereby accepted. You authorize Platinum Pressure Washing, LLC to do the work as specified on the proposal/estimate form. You release Platinum Pressure Washing, LLC from property damage unless damage is caused by gross negligence or willful misconduct. Platinum Pressure Washing, LLC is not responsible for damage to loose siding, windows, paint or wood trim. Any damages due to the above are the responsibility of the owner.

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@BigJake @SurfaceTherapy thanks for sharing. Do you ever run into people that are hesitant to agree or scared off by your TOS?

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No. I think it makes people feel more like they hired a legit professional, instead of chuck in a truck with an electric pw and Clorox. Probably 3/4’s don’t read them at all. I also include a coi with every estimate.

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No. It is an attachment that is linked directly to all my residential estimates. For all I know it is never even read. But they have to accept the estimate which means they are accepting the terms

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I would’ve just added
3. Please have all children and pets inside.
Children might be important to some :blush: and it might just save you from some more headaches as well.

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@SurfaceTherapy
I like your disclaimer,
Would you mind If I used it for my business and just changed all the names from Surface Therapy to Poseidons Trident? I will change a few parts around but it’s pretty much the exact disclaimer I would use.

That is fine with me

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@BigJake @SurfaceTherapy

Or anyone else. Do you have a specific contract for general contractors or other contractors?

My concern is working for out of town contractors is the the job is being performed on a third party’s property. Here’s an example: a construction company calls to perform some flatwork in a commercial space that they just finished building. A lien would not be applicable? I have a business lawyer in my BNI group but I won’t have time until next week to sit with him. I have two pending estimates I’d like to get sent out but want to include some cya clause included. I dont trust contractors.

I believe if you notify the property owner that the gc didn’t pay, then they are responsible for paying you. If they refuse to, then you can file a lien on the property.

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https://www.upcounsel.com/contractor-refuses-to-pay-subcontractor

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That’s what I’ve been finding out. So the same does apply to commercial. We can just state the type of structure instead of house is my understanding as of today. Thanks for the link

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