1. Acceptance of Terms
By accessing or using the Smart Renovation website, services, or any related offerings , you agree to be bound by these Terms of Service . If you do not agree to these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement between you and Smart Renovation .
2. Description of Services
Smart Renovation provides a range of home improvement, renovation, design, installation, and maintenance services. The specific scope, timeline, and cost of each project will be outlined in a separate project proposal or service agreement that will be mutually agreed upon before work commences. The Services include but are not limited to: full home renovation, interior and exterior design, bathroom and kitchen remodeling, roofing, flooring, door installation, smart home setup, solar panel installation, security system installation, fire safety installation, lawn installation, gutter installation, and home warranty plans.
3. Project Proposals and Agreements
Before any work begins, we will provide you with a detailed written project proposal that includes the scope of work, materials to be used, estimated timeline, total cost, payment schedule, and any applicable warranties. The project will only commence after both parties have signed the Project Agreement. Any changes to the scope of work after signing must be documented in a written change order signed by both parties.
4. Customer Obligations
As a customer, you agree to:
• Not interfere with or obstruct our team's ability to perform the Services.
• Comply with all applicable laws, regulations, and building codes related to the project.
5. Payment Terms
Payment terms are specified in each Project Agreement. Generally, our payment structure is as follows:
• Final Payment: The remaining balance is due upon substantial completion of the project, prior to final walkthrough sign-off.
Payments can be made via credit card, bank transfer, check, or other methods accepted by us. Late payments may incur a fee of 1.5% per month on the outstanding balance. We reserve the right to pause work if payments are not made according to the agreed schedule.
6. Cancellation and Refund Policy
Cancellation by Customer: You may cancel a project by providing written notice. Cancellation fees apply as follows: cancellations more than 14 days before the scheduled start date incur a 10% administrative fee of the deposit; cancellations 7-14 days before start incur a 25% fee; cancellations less than 7 days before start or after work has commenced are subject to the full deposit being non-refundable, plus the cost of any materials already purchased or work already performed.
Cancellation by Company: We reserve the right to cancel a project if we are unable to perform the Services for reasons beyond our control, including but not limited to force majeure events, material unavailability, or safety concerns. In such cases, you will receive a full refund of any payments made, minus the cost of any non-returnable materials specifically ordered for your project.
Refund Processing: Approved refunds will be processed within 15-30 business days to the original payment method.
7. Warranties and Disclaimers
Workmanship Warranty: We warrant our workmanship for a minimum of 2 years from the date of substantial completion, unless otherwise specified in the Project Agreement. Structural work carries a warranty of up to 10 years. This warranty covers defects in workmanship but does not cover normal wear and tear, damage caused by misuse, accidents, or unauthorized modifications.
Material Warranties: Materials used in our projects are covered by the respective manufacturers' warranties. We will pass through any applicable manufacturer warranties to you and assist in filing claims when necessary.
Disclaimer: EXCEPT AS EXPRESSLY SET FORTH IN THE PROJECT AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Smart Renovation, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THE APPLICABLE PROJECT AGREEMENT.
9. Indemnification
You agree to indemnify, defend, and hold harmless Smart Renovation and its officers, directors, employees, agents, and subcontractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any applicable law or regulation; (c) your negligence or willful misconduct in connection with the project; (d) any materials, information, or instructions provided by you that are inaccurate, incomplete, or infringe upon third-party rights; or (e) any disputes between you and third parties related to the project.
10. Insurance
Smart Renovation maintains comprehensive general liability insurance, workers' compensation insurance, and other applicable insurance coverage as required by law. We will provide certificates of insurance upon request. We require all subcontractors working on our projects to maintain equivalent insurance coverage.
11. Intellectual Property
All content on our website, including text, graphics, logos, images, designs, and software, is the property of Smart Renovation or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any content from our website without our prior written consent. Any custom designs, plans, or blueprints created for your project remain our intellectual property until full payment is received, at which point they transfer to you for personal, non-commercial use.
12. Dispute Resolution
Informal Resolution: In the event of any dispute arising out of or related to these Terms or our Services, you agree to first attempt to resolve the dispute informally by contacting us at legal@smartrenovation.info . We will attempt to resolve the dispute within 30 days.
Binding Arbitration: If the dispute cannot be resolved informally, you agree that it shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in New York, NY, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
13. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, or any other cause beyond the party's reasonable control.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
16. Waiver
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.
17. Entire Agreement
These Terms, together with any applicable Project Agreement, constitute the entire agreement between you and Smart Renovation regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
18. Changes to These Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting the updated Terms on our website and sending notification via email. What constitutes a material change will be determined at our sole discretion. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms.
19. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us at:
Smart Renovation — Legal DepartmentEmail: legal@smartrenovation.info
