Backdrop Painting Services Terms of Service
Last Revised: October 31, 2019
By submitting a request for the Service, you agree and acknowledge that you have read, understand, and agree to be legally bound by these Terms. If you are using the Service on behalf of another person or entity, then (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person or entity’s behalf, and (c) in the event that you or that person or entity violates these Terms, that person or entity is responsible to us.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION AGREEMENT IN OUR TERMS OF SERVICE FOUND AT https://www.backdrophome.com/pages/terms-of-service (OUR “TOS”), WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN OUR TOS.
Incorporation of our TOS
Our TOS, including, but not limited to, the disclaimers, limitation of liability, and arbitration provisions in our TOS, is hereby incorporated by reference into these Terms and, in addition to these Terms, governs your use of the Service. Any capitalized term used but not defined in these Terms has the meaning ascribed to that term in our TOS.
Before we provide the Service to you, you must register for an account with us on our website located at https://www.backdrophome.com/. You agree to (a) provide accurate, current, and complete information that we request in our registration and questionnaire process, including, but not limited to, the location where you want us to perform the Service (the “Premises”) (collectively, “Customer Information”), (b) maintain and promptly update all Customer Information and any other information you provide to us and keep it accurate, current, and complete, and (c) accept all risks of unauthorized access to Customer Information and any other information you provide to us.
After we receive your responses to our registration and questionnaire process, we will send you a quote stating the fees for the Service (the “Labor Fees”) and Products (the “Product Fees” and collectively with Labor Fees, the “Fees”). Once you accept our quote for the Fees, you must pay (a) 10 percent of the Labor Fees (the “Deposit”) and the full amount of the Product Fees on the date of acceptance, (b) 40 percent of the Labor Fees on the date we begin providing the Service to you, and (c) the remaining 50 percent of the Labor Fees on the day we complete performance of the Service.
Modifications to Booking Fees
We reserve the right, in our sole discretion, to modify the Fees, whether before or during our performance of the Service, in accordance with this section.
Labor Fees: We will notify you of any modified Labor Fees and will not charge you for them until you agree to them. We reserve the right to suspend performing the Service until we have reached agreement with you on the modified Labor Fees.
Product Fees: If we require additional Products to complete the Service, we will bill you for, and you must pay, the Product Fees billed. We reserve the right to suspend performing the Service until we have received full payment for the Product Fees billed. If at the conclusion of our performance of the Service, there are purchased but unused and unopened Products, we will credit your account for those Products in an amount equal to the purchase price you paid for them.
Payment Information and Collections
You must provide us with valid, up-to-date credit card, debit card, or other payment information and to maintain that payment information on file with your account. You authorize us to store your payment information and charge it as Fees become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for any Fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that we will not be responsible for any failure to provide the Service. Except as expressly provided in these Terms, all Fees are non-cancelable and non-refundable.
If we are unable to collect any Fees you owe under these Terms, we may engage in collection efforts to recover such Fees from you. We will deem any owed Fees overdue when five days have elapsed after we first attempt to charge your payment method.
Cancellation or Scheduling
The Deposit is non-refundable. Additionally, except as set forth in the section “Modifications to Booking Fees,” the Product Fees are non-refundable. You may cancel the Service in writing (email is permitted) at any time before the scheduled start date of the Service, but will not receive the Deposit or Product Fees back if you do so. Once the Deposit is paid and the Service is scheduled, if you require a schedule change for whatever reason, we will work with you to accommodate the request. Schedule changes within two business days before the scheduled start date will incur a non-refundable $200 scheduling change fee. Schedule changes are also subject to availability and we may reject a schedule change request in our sole discretion.
Our Performance of the Service
Subject to these Terms, we will use commercially reasonable efforts to perform the Service. We will perform the Service with reasonable care in a diligent and workmanlike manner. Our sole obligation and liability and your sole and exclusive remedy for breach of this warranty will be for us to re-perform the Service.
We have, if required by state or local law, obtained the requisite licenses to perform the Service.
We reserve the right to reject any request for the Service in our sole discretion. We reserve the right to refuse, suspend, or withhold providing the Service or any portion of the Service for any reason in our sole discretion, including, but not limited to, if conditions on, within, or adjacent to the Premises make performance of the Service burdensome, dangerous, or impracticable.
For a period of one year from completion of the Service, we will, at no cost to you but subject to scheduling availability and appropriate weather conditions as determined in our sole discretion, repaint, retouch, and correct any Paint Defects that result from the Products or our performance of the Service. For Paint Defects that arise due to exterior or interior structural damage or human contact (other than human contact by our personnel in performing the Service), we may, in our sole discretion, provide reasonable support services at a negotiated fee. Except for our obligations set forth in this paragraph, which supersede the section entitled “Your Sole and Exclusive Remedy and Backdrop’s Sole and Exclusive Liability” in our limited warranty for Products set forth in our TOS, all warranty terms with respect to Products in our TOS remain in full force and effect and nothing in these Terms will limit those warranty terms or any warranty disclaimers set forth in our TOS.
You are fully responsible and liable for the condition of the Premises and any acts or omissions that we take (a) in response to written or oral instructions that you provide or (b) in connection with preparing the Premises for performance of the Service, including, but not limited to, moving furniture, wall decorations, other household items, or other items.
We may, before, during, or immediately after providing the Service, take photos or videos of the Service, including, but not limited to, the Premises, or create audio files, graphics, or other materials in connection with the Service (collectively, “Content”). We own all Content and may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display Content and your Likeness (defined below) in connection with Content in all media formats and channels now known or later developed without compensation to you. If your name, voice, appearance, recorded voice, image, persona, likeness, testimonials, and/or performance (“Likeness”) is included in any Content, you hereby waive and release us from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of our use of your Likeness or the Content.
We will be free to use, disclose, reproduce, license, and otherwise distribute and exploit any suggestions, comments, or other feedback provided by you to us with respect to the Service as we see fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.