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Terms of Service

TERMS OF SERVICE

Thank you for visiting our website ([WEBSITE URL]). This document is our Terms of Service (i.e. "Agreement") for our Company's website. It is a legally binding contract between our Company; visitors; users; and customers. If you do not like or agree with these terms or are under the age of eighteen, we ask that you do not use; access this website; or reserve services through our Company.

We reserve the right to amend or change our Terms of Service at any time and by your continued use of our website and services, you are agreeing to these provisions. Our Privacy Policy is separate from this Agreement. For purposes of this Agreement, Windy Shore Home Services may also mean "We", "Us" or "Our". And Customer or Client may also mean "You" or "Your".

I. Services

Windy Shore Home Services provides professional handyman services including but not limited to electrical work, plumbing, gutter cleaning and repair, and other home maintenance and improvement services as listed on our website. Some services, including certain electrical and plumbing work, may be performed by or in coordination with licensed tradespeople as required by applicable state and local law.

When scheduling online or requesting a quote, you will be prompted to provide your contact information as well as selecting a specific service. We may also need to know the size of the property or premises, the nature of the issue or project, and other relevant details to provide an accurate quote. Keep in mind that all bookings will always have a one to two (1-2) hour arrival window due to unexpected delays or force majeure events. Rate increases or changes will be posted on our website and/or customers will be notified via email or phone.

II. Scheduling and Confirmation

Confirmation. When booking a service online or requesting an appointment, you understand that it does not automatically guarantee a customer an appointment for that day and time. Scheduling conflicts may occur. One of our representatives will contact you by email or by phone with a confirmation for your appointment.

In order for our Company to keep costs manageable and operate efficiently, we schedule our services in an order that requires the least amount of drive time. If you need a specific time, we will do our best to meet your needs, but we cannot make any guarantees.

The Customer is expected to be on premises at the time of our representative's arrival unless previous arrangements have been made (e.g., providing a security code, lockbox instructions, or other access arrangements). For services involving electrical, plumbing, or interior work, the Customer or an authorized adult representative must be present on the premises at all times during the service.

If the Customer is unavailable and our representative or agent is unable to gain access to the property, you understand and agree that it will incur a lockout fee as described in Section VII of this Agreement.

Appointment Window. Our Company permits a one to two-hour arrival window due to unforeseen events (i.e. traffic; weather; etc.) for each scheduled service. If for some reason our representative is running behind schedule, our Company will notify you via phone call or text.

III. Payment

Payment for services can be made via credit or debit card through our online booking portal, by invoice, or via phone. Our Company accepts all major credit and debit cards. We reserve the right to collect and retain your credit/debit card information for payment of services rendered. You understand that your card will not be charged until after the scheduled service has been performed unless a deposit is required and agreed upon in advance.

Deposits. For larger projects involving materials, parts, or specialized labor, a deposit may be required at the time of booking. The deposit amount will be communicated to the Customer at the time of the quote and applied toward the final balance upon completion of the service.

Payment Options. We may offer different payment options depending upon the frequency or type of service. Additional services are available through our website or you can call or email us for a custom quote.

Financial Responsibility. You understand and agree to be personally and financially responsible for any and all outstanding costs and fees for services as provided by our Company and within this Agreement. This includes and is not limited to collection costs; attorneys' fees; and legal costs; for unpaid amounts on account.

IV. Satisfaction Guarantee

We do not offer refunds since we have established our business on providing our customers with the highest quality service possible. However, mistakes happen and are acceptable. If you are unhappy with your completed scheduled service, please call or email us within 48 hours of the service and we will correct the issue at no additional charge to you. Please note that this guarantee does not apply to issues arising from pre-existing conditions, Customer-supplied materials, or circumstances outside our control.

V. Right to Refuse Service

Our Company reserves the right to refuse or discontinue service at any time and for any reason to protect our Company, subcontractors, and agents. Our policies prevent our representatives and agents from working on premises where there are weapons; extreme clutter or unsafe conditions; disconnected utilities where required for the service; hazardous materials; or aggressive pets.

You understand that our subcontractors and agents have the option to leave the premises if conditions are unsafe; if the work area presents structural, electrical, or plumbing hazards beyond the scope of the scheduled service; or if they feel intimidated, unsafe, or endangered. If our subcontractor or agent is unable to complete a scheduled service due to any of the above reasons, you understand and agree that you may be charged a trip fee or cancellation fee as outlined in this Agreement.

VI. Estimates and Pricing

All quotes and estimates provided by our Company are based on the information available at the time of the quote, including the described scope of work, project details, and any photos or assessments provided. Final pricing may vary depending on the actual conditions encountered on-site, unforeseen complications (such as hidden pipe damage, wiring issues, or structural concerns discovered during the work), materials required, and any additional work requested or needed once the service begins. A quote or estimate is not a binding contract until both parties agree to the terms of service for a specific job. Any additional work beyond the original scope will be discussed and approved by the Customer before it is performed.

VII. Cancellations

24-Hour Notice. We require a minimum of twenty-four (24) hours' notice if you need to cancel or reschedule your appointment in order to avoid a cancellation fee. Customers must provide notice via email, text, or phone call.

Cancellation Fee. Failure to provide notice via email, text, or phone call, or failure to provide notice within twenty-four (24) hours of your scheduled appointment, will result in a cancellation fee that will be charged to the Customer's credit card on file. If you cancel your service with less than twenty-four (24) hours' notice, you understand and agree that you will be charged a cancellation fee. If you are cancelling the day before but within the twenty-four (24) hour window, a minimum cancellation fee may still apply.

Materials and Parts. If materials or parts have already been ordered or purchased specifically for your job at the time of cancellation, the Customer understands and agrees that they may be responsible for the cost of those materials in addition to any applicable cancellation fee, as such items may not be returnable.

Lockouts. If our Company's representatives are unable to gain entrance to the property upon arrival for a scheduled service; are turned away at the door; or are refused entrance for a scheduled service without prior notice, then you understand that you will be charged a cancellation or trip fee which shall be charged to your card on file.

No-Shows. If you are not available at the scheduled time and no alternative access arrangements have been made, this will be treated as a cancellation without notice and the applicable cancellation fee will apply.

VIII. Access, Security, and Site Preparation

Access. By scheduling a service, you are granting our Company's representatives and agents access to your home or premises, including the specific areas, rooms, systems, or exterior spaces necessary to perform the scheduled service.

Utility Access. Depending on the nature of the service, our representatives may need access to your electrical panel, water shut-off valves, crawl spaces, attic areas, or other utility access points. It is the Customer's responsibility to know the location of these access points and to ensure they are accessible prior to the appointment. If required access points cannot be located or reached, our representative may be unable to complete the service and a trip fee may apply.

Security Systems. If your home or property has a security system, please notify our Company in advance of the service. The system must be in the "off" position or, in the alternative, provide our Company with instructions and code in order to operate the system. Please notify us immediately if the security code changes in order to prevent a lockout fee.

Keys and Access Codes. Windy Shore Home Services is not responsible for any damages or theft to the client's home if the client chooses to leave a door open or place a key under a mat or in any other unsecured location for our representatives to gain access. Upon termination or cancellation of services, our Company shall return all customer keys in its possession within forty-eight (48) hours or the next business day.

Site Preparation. Prior to our arrival, the Customer is responsible for clearing reasonable access to the work area, including moving furniture, stored items, or personal belongings that may obstruct the service. Windy Shore Home Services is not responsible for damage to items left in or near the work area that were not moved or secured prior to the appointment.

Pets. Please secure all pets prior to our representatives' arrival. Our Company is not responsible for pets that escape through open doors during service, nor for any injuries sustained by our representatives due to unsecured pets.

IX. Permits and Code Compliance

Certain electrical, plumbing, and structural services may require permits from your local municipality or governing authority. It is the Customer's responsibility to obtain any required permits prior to the commencement of work unless otherwise agreed upon in writing. Windy Shore Home Services will inform the Customer if a permit is likely required based on the scope of work discussed. However, our Company is not responsible for any fines, penalties, or required corrective work resulting from the Customer's failure to obtain required permits.

Work performed by Windy Shore Home Services will be carried out in accordance with applicable codes and standards to the best of our knowledge and ability. However, it is the Customer's responsibility to ensure that any existing systems, structures, or installations that our work connects to or interacts with are up to current code standards.

X. Customer's Property and Equipment

If the Customer requests that we use their equipment, tools, materials, or supplies, you understand and agree that neither our Company, its owners, employees, subcontractors, or agents will assume or accept responsibility for the equipment or damages that may occur during use. We are not responsible for the equipment's upkeep and maintenance. We will not pay or reimburse a Customer for damaged or broken equipment that was provided by the Customer. If the Customer's equipment or supplied materials are incompatible or inoperable at the time of our representative's arrival, they may be unable to complete certain aspects of the service.

Limited Liability. You agree to hold our Company, its owners, employees, representatives, subcontractors, and agents harmless from any and all damages; injuries; harm; accident; or loss as a result of using the Customer's equipment, tools, products, or materials.

XI. Special Instructions

If you have any special instructions or preferences regarding how the service is performed, including specific areas of concern, preferred materials or brands, or known sensitivities related to your home's systems, please communicate them to us prior to the appointment. Our representatives will make every effort to accommodate reasonable requests within the technical requirements of the job.

What We Cannot Do. Please note that we do not perform work involving hazardous materials including but not limited to asbestos, lead paint, or mold remediation. We do not service properties that present extreme safety hazards, active infestations in the work area, or conditions that make it impossible to safely complete the requested work. We do not perform work that falls outside the licensing requirements applicable to our services without involving the appropriate licensed professional. Additional exclusions may apply based on the type of service requested.

XII. Safety and Accessibility

Because of safety and liability concerns, our representatives and agents are trained to work safely within the scope of their services. Our representatives are not permitted to work in conditions that are deemed unsafe, including but not limited to active water leaks that pose an electrical hazard, live electrical panels that cannot be safely de-energized, unstable structural areas, or rooftop work beyond the scope of gutter services. For gutter and exterior work performed at height, our representatives will use appropriate ladders and safety equipment. If site conditions are deemed unsafe upon arrival, our representative may reschedule the service and a trip fee may apply.

If you wish our representatives to work behind, beneath, or around large appliances, furniture, or other heavy items, the Customer must move them if they weigh more than thirty-five (35) pounds unless otherwise arranged in advance.

XIII. Property Damage, Breakage, and Loss

Our representatives and agents are experienced professionals. All of our representatives carry insurance and will take reasonable precautions when working on your property. However, the chance of property damage or breakage exists, particularly when working within walls, ceilings, plumbing systems, or electrical systems. Personal property that is damaged or lost must be reported within twenty-four (24) hours either via email or by phone.

Limited Liability. You understand and agree that our Company, its owners, employees, subcontractors, and agents are not responsible for damages caused by regular wear and tear; pre-existing conditions; improperly installed or non-compliant existing systems; or issues not disclosed during the booking or consultation process. This includes but is not limited to damage resulting from corroded pipes, outdated wiring, deteriorated structural components, or other pre-existing deficiencies discovered or affected during the course of service.

Pre-Existing Conditions. It is the Customer's responsibility to disclose any known issues with their home's systems or structures prior to service. Our Company is not liable for damage to systems, components, or property that were not disclosed prior to service and that a reasonable inspection would not have identified.

XIV. Insurance

Windy Shore Home Services carries general liability insurance to cover potential damages or injuries that may occur during the provision of our services. A copy of our insurance certificate can be provided upon request. Our insurance does not cover damage resulting from pre-existing conditions, normal wear and tear, Customer-supplied materials, or the Customer's failure to disclose relevant property conditions prior to service.

XV. Subcontractors and Licensed Tradespeople

Our Company may use independent subcontractors or licensed tradespeople to perform some or all of the services, particularly for work requiring a specific license such as electrical or plumbing services. We vet and select our subcontractors carefully and hold them to the same professional standards we set for ourselves. Our Company is responsible for the quality of work performed by our subcontractors to the same standard outlined in this Agreement.

XVI. Non-Solicitation

You understand and agree that during the term of this Agreement and for a period of one (1) year immediately after its termination or expiration, you acknowledge and agree not to solicit any employee; agent; independent contractor; or affiliate of Windy Shore Home Services, nor induce any employee; agent; affiliate; or independent contractor associated with our Company to terminate or breach an employment, contractual, or other relationship for the purpose of solicitation (i.e., to work directly for the customer). Violation of this provision may result in a placement fee to cover recruitment, training, and workforce development costs.

XVII. Modification and Assignment

The Customer understands and agrees that this Agreement and their obligations herein may not be assigned, sold, transferred, or modified without the prior written consent of an authorized representative of our Company.

XVIII. Website Usage

We are providing our customers with a user-friendly platform to obtain information and assistance for the purpose of home maintenance and repair services. Users can visit and access our website for any legal or lawful purpose. In order to protect our intellectual property, our customers, agents, users, and visitors are prohibited from:

  • Downloading, copying, or transmitting any of our website content without our permission;

  • Using data mining or extraction software, or bots;

  • Manipulating or using framing or other navigational technology;

  • Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any person, user, company, or anyone else for our products or services unless you have permission;

  • Using our website or its content for any purpose other than which it was intended;

  • Harassing, stalking, bullying, or threatening behavior towards our Company, its owners, employees, agents, customers, or users;

  • Engaging in any behavior that might violate our rights, such as our intellectual property rights, or those of our customers;

  • Impeding or interfering with our website, its security, or our servers.

XIX. Indemnification

You agree to indemnify, defend, and hold harmless Windy Shore Home Services, its owners, officers, employees, agents, and subcontractors from and against any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or in any way connected with your use of our website or services, your violation of these Terms of Service, or your violation of any rights of another party.

XX. Limitation of Liability

To the fullest extent permitted by law, Windy Shore Home Services shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of our website or services, regardless of the cause of action. Our total liability for any claim arising under this Agreement shall not exceed the total amount paid by the Customer for the specific service giving rise to the claim.

XXI. Force Majeure

Windy Shore Home Services shall not be held liable for delays or failure to perform services due to circumstances beyond our reasonable control, including but not limited to extreme weather, natural disasters, power outages, supply chain disruptions, pandemics, government orders, or acts of God. Services will be rescheduled as soon as reasonably possible.

XXII. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to conflicts of law provisions. If any clause or paragraph in this agreement is considered unenforceable or invalid under any law or statute or made invalid by an Order of a Court of law, the invalid or unenforceable clause shall not render the balance of this Agreement invalid. Any invalid provision shall be considered altered and interpreted so it does not affect the rest of this Agreement.

XXIII. Electronic Signatures

Each party to this Agreement and any documents delivered in connection with this Agreement may be electronically signed. The parties understand and acknowledge that any electronic signatures appearing on this Agreement and any other such documents are the same as handwritten signatures for the purpose of validity and enforceability.

XXIV. Entire Agreement

This Agreement constitutes the entire agreement between Windy Shore Home Services and the Customer with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the parties with respect to the services.

Contact

You can contact Windy Shore Home Services via:

Email: [EMAIL] Phone: [PHONE]

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