1. Agreement to Terms
These Terms of Service constitute a legally binding agreement between you and Blue Oak Homes governing your use of our website, services, and any related offerings. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our website or services.
2. Services Description
Blue Oak Homes provides premium home renovation, interior design, landscaping, electrical, plumbing, HVAC, home automation, and related home improvement services. The specific scope, timeline, and pricing for each project will be outlined in a separate Project Agreement or Proposal provided to you before work commences. We reserve the right to modify, suspend, or discontinue any service or feature at any time with reasonable notice.
3. Project Agreements
Before any work begins, both parties will sign a Project Agreement that details:
- Scope of work and deliverables
- Project timeline and key milestones
- Total cost and payment schedule
- Material specifications and sourcing details
- Warranty terms and conditions
- Change order procedures
- Cancellation and termination policies
In the event of any conflict between these Terms and a Project Agreement, the Project Agreement shall prevail.
4. Client Obligations
As a client, you agree to:
- Provide accurate and complete information required for project planning and execution
- Grant our team and contractors reasonable access to the property during agreed-upon working hours
- Ensure the property is prepared and accessible as per pre-agreed requirements
- Make payments according to the agreed schedule without undue delay
- Obtain any necessary permits, approvals, or permissions required for the project (unless otherwise agreed)
- Promptly communicate any concerns, changes, or issues that may affect the project
- Not engage in any activities that interfere with or delay the project progress
5. Pricing and Payments
All prices are quoted in USD unless otherwise specified. Prices are subject to change based on material cost fluctuations, scope modifications, or unforeseen site conditions. Any changes will be communicated and documented through a formal Change Order requiring your approval before additional costs are incurred.
Payment terms are as follows:
- Booking Amount: 20-30% of total project cost at the time of agreement signing
- Milestone Payments: As specified in the Project Agreement, typically tied to completion of key project phases
- Final Payment: Balance due upon project completion and satisfactory handover inspection
Late payments may incur interest charges of 1.5% per month on the outstanding balance. We reserve the right to pause work if payments are overdue by more than 14 days without prior arrangement.
6. Change Orders
Any modifications to the original scope of work must be documented through a Change Order, which will outline the additional (or reduced) costs, timeline adjustments, and updated deliverables. Change Orders require written approval from both parties before the modified work begins. Verbal agreements for scope changes are not binding.
7. Delays and Force Majeure
We make every effort to complete projects within the agreed timeline. However, delays may occur due to:
- Unforeseen structural or site conditions
- Material supply chain disruptions
- Weather conditions affecting outdoor work
- Client-requested changes or delays in decision-making
- Force majeure events including natural disasters, pandemics, government actions, or other circumstances beyond reasonable control
In such cases, we will notify you promptly and provide a revised timeline. Neither party shall be liable for delays caused by force majeure events.
8. Warranty
We stand behind the quality of our work. Warranty terms are as follows:
- Structural Work: Up to 10 years from project completion
- Plumbing & Electrical: Up to 5 years from project completion
- Paint & Finishes: Up to 2 years from project completion
- Fixtures & Appliances: As per manufacturer warranty terms
Warranty coverage is limited to defects in workmanship and materials under normal use. It does not cover damage caused by misuse, negligence, unauthorized modifications, natural disasters, or normal wear and tear. Warranty claims must be reported in writing within 30 days of discovering the defect.
9. Cancellation and Termination
By Client: You may cancel a project by providing written notice. Cancellation fees apply based on the stage of the project: up to 25% of the total contract value if cancelled after work has commenced, plus the cost of all materials procured and work completed to date.
By Company: We may terminate the agreement if: (a) payments are significantly overdue, (b) you fail to provide required access or cooperation, (c) there are material breaches of the Project Agreement, or (d) continuation of work would be unsafe or impractical. In such cases, you will be responsible for payment of all work completed and materials procured.
10. Intellectual Property
All designs, plans, drawings, 3D renderings, and other creative materials produced by Blue Oak Homes remain our intellectual property unless otherwise agreed in writing. You are granted a non-exclusive, non-transferable license to use these materials for the specific project for which they were created. Reproduction, distribution, or use of our designs for other purposes requires our prior written consent.
11. Limitation of Liability
To the maximum extent permitted by applicable law: (a) Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific project in question; (b) We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of use, or inconvenience; (c) We are not liable for defects in third-party materials or products, and your recourse for such defects is limited to the manufacturer's warranty.
12. Indemnification
You agree to indemnify, defend, and hold harmless Blue Oak Homes, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms or Project Agreement; (b) your negligence or willful misconduct; (c) any inaccurate information you provide; or (d) any third-party claims related to your property or its condition.
13. Insurance
Blue Oak Homes maintains comprehensive general liability insurance, workers' compensation insurance, and professional liability insurance. We require all subcontractors to carry appropriate insurance coverage. We recommend that clients maintain their own homeowner's insurance policy throughout the duration of any project.
14. Dispute Resolution
Any disputes arising from or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation is unsuccessful, the dispute shall be submitted to binding arbitration in New York, New York, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding. Each party shall bear its own costs unless the arbitrator determines otherwise.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York.
16. Website Use
When using our website, you agree not to: (a) use the website for any unlawful purpose; (b) attempt to gain unauthorized access to any part of the website or its systems; (c) interfere with or disrupt the website's operation; (d) upload or transmit any malicious code, viruses, or harmful content; (e) copy, modify, or distribute any content from the website without our written permission; (f) use any automated means (bots, scrapers) to access the website.
17. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify you via email or website notice.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms, together with any Project Agreement, proposals, and other documents expressly incorporated by reference, constitute the entire agreement between you and Blue Oak Homes regarding the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.
20. Contact Us
For any questions or concerns regarding these Terms of Service, please contact us:
Blue Oak Homes Legal Team
Email: legal@blueoakhomes.info
