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Terms And Conditions

Welcome to the Kelley Property Care

Kelley Property Care, provides their services to you subject to the following notices, terms, and conditions.

LINKS TO OTHER SITES

Our web site may link to sites not maintained or related to Kelley Property Care. We provide these links as a service to our users. We do not sponsor or endorse these other sites and we have not reviewed the other sites. We are not responsible for the content of any other sites. You may access those other sites through the links at your own risk.

PRIVACY POLICY

Helpful Lawn Care respects the privacy of its users. Please read our Privacy Policy.

DISCLAIMER

This site is provided by Kelley Property Care on an “as is” basis. Kelley Property Care makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. Kelley Property Care disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kelley Property Care will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

APPLICABLE LAW

This site is created and controlled by Kelley Property Care in the State of Texas. As such, the laws of the State of Texas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

Media Release Form

I hereby grant Kelley Property Care, LLC, (herein referred to as “the Company”) permission to use my likeness in a photograph, video, or other digital media (“photo”) in allof its publications, including web-based publications, without payment or other consideration. I understand and agree that all these materials will become the property of the Company and will not be returned. I hereby irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge the Company from all claims, liabilities, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

Pre-Existing Damages Waiver

The Customer has been made aware by the Company or has brought it to the attention of the Company of any and all pre-existing damages on or around the property such as, but not limited to: scratches, torn screens, wood damage, paint damage, damaged roofing and or gutters, dead plants or vegetation, etc., etc., and releases the Company to perform services as requested and agrees to not file any claim(s) against the Company relating to such conditions.In some circumstances unforeseeable existing damages may become present during the cleaning of the property. If this should occur, the client will be made aware of these conditions. Again, the Company cannot be held liable for these damages.

Damages Caused by The Company

The Company is insured with $2 million general liability limits, which would cover any damages caused by the Company. In the event of any damages, (broken windows, destroyed plants, damages to roof, etc.)the Customer must allow the Company to remedy the situation with internal resourcesfirst. Should the issue still be present after the Company has attempted to fix the damages, the Company will then consult a third party for a remedy. After all attempts at remedying the damages, and without successful results, the Customer has the right to request a claim with our insurance.

Service Specific Conditions

Pressure washing of any newly poured concrete should have had at least 6 monthsto fully cure prior to being pressure washed. Should this not be possible, there is a slight chance that pressure washing can etch the concrete. In this case, the Company cannot be held liable for damages caused by pressure washing fresh concrete. Window cleaning includes cleaning of the glass using either traditional cleaning methods or pure deionized water fed poles. This service does not guarantee the removal of paint, mortar, stains, etc.that could be caused from post construction services. Unless specifically discussed withyour salesperson, these additional services are not part of our standard window cleaning. House washing includes cleaning of the soffits, fascia boards, siding, foundation block, and face of gutters. The cleaning is to remove any organic staining as well as other airborne debris and bug debris. This service will not include removing vining stems, stink bug eggs, artillery fungus, or any other debris that must be scraped, sanded or media blasted. If the debris cannot be removed by bleach, soap, and water, then the Company cannot clean it as part of our standard services. Gutter cleaning includes cleaning of the interior of the gutters to clean out any debris which could cause a blockage and therefore damages. Gutter cleaning does not include cleaning the face of the gutters -this is GUTTER BRIGHTENING, which is a different service. Gutter brightening includes whitening or cleaning the face of the gutters to remove oxidation that has resulted with gutters having a streaked look. Because oxidation is the presence of a thin layer of paint, metal being eroded, it is possible that some paint may look uneven. The Company cannot be held liable for any difference in paint caused by oxidation removal which is essentially Gutter Brightening. Sealing of any concrete or stone surface includes a 2-yearwarranty that allows for the resealing of any failed surface within that time frame. Should the Customer choose a Travacast application which is a topical sealer, it is always advised that this be applied with Shark Grip, a non-slip additive. Should the customer wish to not have Shark Gripapplied, this can create a slip hazard in which case the Company cannot be held liable. Should the Shark Gripnot be applied when installing a Travacast sealer, the Customer will sign a liability release form, releasing any liability from the Company. Holiday Lights that are provided by the Company are the property of the Company, and cannot be altered, fixed, removed by the Customer. The products provided by the Company are leased to the Customer during a defined period and then taken down and stored at a Company owned warehouse. Should the Customer wish to renew with the Company the nextseason, the Company will lease the products to the Customer under the same conditions. The Customer may purchase the lights from the Company at any time at a rate acceptable to the Company.

Issues Regarding Water

The Company uses Customer provided water for all cleaning needs. If the Customer needs water delivered to the jobsite, the Customer will pay for the rental of water delivery system and any applicable water charges. Should the Customer have inadequate water supply (well water, poor water pressure, etc.) and it substantially affects the quality and speed of job completion, the Company reserves the right to change the price of the initially presented prices.

Collection of Payments

In the event of Customer delinquency in making payment for services rendered by the Company, the Company has the right to seek payment by way of legal proceedings as defined by the Texas Property Code by filing a Mechanic’s Lien. Important notice: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home. Know your rights and duties under the law.By accepting your proposal, whether in ink or digitally, you are under contract with your contractor.