Terms of Service

1. Acceptance of Terms

By engaging the services of TimberCraft Pro ("Company," "we," "our," or "us"), including but not limitedally providing estimates, entering into written contracts, commencing work, or making payments, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

These Terms constitute a legally binding agreement between you and TimberCraft Pro. If you do not agree to these Terms, please do not proceed with our services. You represent that you have the legal authority to enter into this agreement on behalf of yourself or the entity you represent.

2. Scope of Services

TimberCraft Pro provides professional carpentry contracting services, which may include but are not limited to:

• Custom cabinetry, millwork, and architectural woodwork
• Deck, porch, and pergola construction
• Interior and exterior door and window installation
• Structural framing and renovation carpentry
• Custom built-in furniture and shelving
• Staircase and railing fabrication and installation
• Trim, molding, and finish carpentry
• Commercial fit-out and tenant improvement work
• Flooring installation and repair
• Ceiling and wall paneling
• Emergency carpentry repairs and maintenance

The specific scope of services for any project will be detailed in a written Scope of Work ("SOW") and/or contract executed by both parties. Work performed outside the SOW requires a written change order (see Section 6). Our services do not include electrical, plumbing, or HVAC work unless explicitly stated in the contract.

3. Client Responsibilities

To ensure the successful completion of any project, Client agrees to the following responsibilities:

1. Site Access: Provide safe and unrestricted access to the work area during agreed-upon working hours, which are typically Monday through Friday, 7:00 AM to 6:00 PM, and Saturday, 8:00 AM to 2:00 PM.
2. Utilities: Ensure that electricity, water, and other necessary utilities are available at the worksite.
3. Decision-Making: Designate a single point of contact for project decisions, approvals, and communications to ensure efficient project management.
4. Premises Preparation: Remove personal belongings, furniture, and valuables from the work area prior to commencement. TimberCraft Pro is not responsible for damage to personal property not covered under the insurance provisions herein.
5. Permits and Approvals: Unless otherwise specified in the contract, Client is responsible for obtaining any required homeowner association (HOA) approvals or neighborhood covenants. TimberCraft Pro will assist with building permit applications where required by law.
6. Timely Decisions: Respond to requests for information, material selections, design approvals, and change order confirmations within three (3) business days to avoid project delays.
7. Payment: Make all payments in accordance with the payment schedule set forth in the contract.

4. Pricing & Payment Terms

4.1 Estimates and Contracts

All pricing is based on the scope of work described in the estimate and contract. Estimates are valid for 30 calendar days from the date of issue. A written contract must be executed before any work begins. Verbal agreements are not binding.

4.2 Pricing Structure

Pricing may be structured as follows, as specified in the contract:

• Fixed Price: A predetermined total price for the specified scope of work. No additional charges will be assessed unless authorized through a written change order.
• Time and Materials (T&M): Billed at agreed-upon hourly rates for labor plus the actual cost of materials, plus a 15% project management fee. T&M projects include a good-faith estimate of total cost.
• Cost-Plus: Actual cost of materials and subcontractor fees, plus a fixed markup percentage as specified in the contract.

4.3 Payment Schedule

Unless otherwise agreed in writing, the standard payment schedule is:

1. Deposit: 30% of the total contract price due upon execution of the contract to secure the project and order materials.
2. Progress Payment(s): Due at milestones as outlined in the contract (e.g., upon delivery of materials, completion of framing, etc.).
3. Final Payment: The remaining balance is due upon substantial completion and before final walkthrough. No work will be left unattended, and materials will not be left on site, until final payment is received in full.

4.4 Late Payments

Pastdue invoices will accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date until paid in full. Client is responsible for all reasonable collection costs, including attorney's fees, if any invoice is placed with a collections agency or legal counsel.

4.5 Accepted Payment Methods

We accept checks, bank transfers, credit cards (Visa, MasterCard, American Express), and debit cards. Checks must be made payable to TimberCraft Pro LLC.

5. Project Timeline

TimberCraft Pro will use commercially reasonable efforts to complete the project within the timeframe specified in the contract. However, all project timelines are estimates only and do not constitute a guarantee. Factors that may affect the timeline include but are not limited to:

• Weather conditions and seasonal factors
• Material supply chain delays and backorders
• Permitting and inspection scheduling by local authorities
• Client delays in decision-making, selections, or payments
• Unforeseen structural conditions discovered during demolition or renovation
• Force majeure events (see Section 12)
• Changes to the scope of work

If the project is not completed by the estimated date, Client will receive a written update on the revised timeline. No liquidated damages or penalties will be assessed for delays unless explicitly agreed upon in writing.

6. Change Orders

Any modifications, additions, or deletions to the original Scope of Work must be documented through a written Change Order. Change Orders must be signed by both Client and TimberCraft Pro before the changed work commences.

Each Change Order will specify:

• A description of the additional or modified work
• The adjustment to the contract price (increase or decrease)
• Any adjustment to the project timeline
• Authorization signatures from both parties

Oral or informal requests for changes are not binding. TimberCraft Pro is not obligated to perform any work not included in the original contract or an executed Change Order, and Client is not obligated to pay for such work unless a Change Order is subsequently executed.

7. Warranty & Guarantees

7.1 Workmanship Warranty

TimberCraft Pro warrants that all work will be performed in a professional and workmanlike manner, consistent with industry standards for residential and commercial carpentry. We provide a five (5) year warranty on workmanship from the date of substantial completion for residential projects and a two (2) year warranty for commercial projects.

7.2 Materials Warranty

Materials used in the project are covered by the manufacturer's warranty where applicable. TimberCraft Pro will facilitate warranty claims for defective materials but is not responsible for the manufacturer's failure to honor such warranties.

7.3 Warranty Claims

To make a warranty claim, Client must:

• Provide written notice to TimberCraft Pro within 30 days of discovering the issue
• Allow us a reasonable opportunity to inspect and assess the claimed defect
• Provide access to the affected area for repair or assessment

7.4 Exclusions

The warranty does not cover damage or defects resulting from:

• Natural wear and tear, normal aging of materials, or environmental exposure (UV, moisture, temperature fluctuations)
• Client negligence, misuse, or failure to perform reasonable maintenance
• Modifications or repairs made by third parties not authorized by TimberCraft Pro
• Acts of God, including storms, floods, earthquakes, or other natural disasters
• Pre-existing conditions or defects in the structure not identified during the initial assessment
• Normal expansion and contraction of wood materials due to humidity and temperature changes

8. Liability & Indemnification

8.1 Limitation of Liability

To the maximum extent permitted by law, TimberCraft Pro's total aggregate liability arising out of or related to these Terms or any project shall not exceed the total amount paid by Client to TimberCraft Pro under the contract giving rise to the claim. In no event shall TimberCraft Pro be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of use, loss of enjoyment, business interruption, or costs of alternate accommodations.

8.2 Client Indemnification

Client agrees to indemnify, defend, and hold harmless TimberCraft Pro, its officers, employees, agents, and subcontractors from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Client's breach of these Terms or the contract
• Client's negligence or willful misconduct
• Client's failure to provide safe access to the worksite
• Damage to Client's property or third-party property caused by Client or Client's agents
• Any materials, designs, or specifications provided by Client

8.3 Property Damage

While we exercise the highest standards of care, TimberCraft Pro will not be liable for damage to existing structures or components that were not apparent during the initial assessment. Any pre-existing conditions identified during work will be communicated to Client promptly for decision-making.

9. Insurance & Licensing

TimberCraft Pro maintains the following insurance coverage:

• General Liability Insurance: Up to $2,000,000 per occurrence
• Workers' Compensation Insurance: As required by state law
• Commercial Auto Insurance: For company vehicles used on job sites
• Builder's Risk Insurance: Available upon request for qualifying projects

TimberCraft Pro is licensed as a General Contractor in the State of Illinois (License #CRC-987654) and maintains all required local business licenses. Copies of insurance certificates are available upon request.

Client is responsible for maintaining adequate homeowner's or property insurance coverage for the property throughout the duration of the project.

10. Termination

10.1 Termination by Client

Client may terminate the contract for convenience upon seven (7) days written notice to TimberCraft Pro. Upon termination by Client:

• Client shall pay for all work completed and materials ordered through the date of termination
• Client shall reimburse TimberCraft Pro for any non-cancelable material orders or subcontractor fees incurred
• A termination fee of 10% of the remaining contract value may apply if termination occurs within the first 30 days of project commencement

10.2 Termination by TimberCraft Pro

TimberCraft Pro reserves the right to terminate the contract for cause, including but not limited to:

• Failure to make payments when due
• Breach of these Terms or the contract by Client
• Unsafe working conditions at the worksite
• Harassment or threats toward employees or subcontractors
• Suspension of work for more than 30 days for reasons within Client's control
• Client's insolvency or bankruptcy

In the event of termination by TimberCraft Pro, Client shall pay for all work completed and materials furnished through the date of termination.

10.3 Effect of Termination

Upon termination, all provisions of these Terms that by their nature should survive (including but not limited to warranty obligations, limitation of liability, indemnification, dispute resolution, and intellectual property) shall remain in full force and effect.

11. Dispute Resolution

11.1 Good Faith Negotiation

In the event of any dispute arising out of or related to these Terms or any project, the parties agree to first attempt to resolve the dispute through good faith negotiation. Either party may initiate negotiation by written notice describing the nature of the dispute.

11.2 Mediation

If negotiation does not resolve the dispute within 30 calendar days of written notice, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator before pursuing any other legal remedies. The costs of mediation shall be shared equally by both parties.

11.3 Arbitration

If mediation does not resolve the dispute, any remaining claims shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Springfield, Illinois, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own attorney's fees and costs, except that the arbitrator may award reasonable attorney's fees to the prevailing party.

11.4 Class Action Waiver

Any dispute resolution proceedings shall be conducted on an individual basis only. Client and TimberCraft Pro agree not to participate in any class action lawsuit or class-wide arbitration regarding disputes arising under these Terms.

12. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by events beyond the party's reasonable control, including but not limited to:

• Natural disasters (hurricanes, tornadoes, floods, earthquakes, etc.)
• War, terrorism, civil unrest, or government orders
• Pandemics or public health emergencies
• Supply chain disruptions or material shortages beyond industry norms
• Labor disputes or strikes
• Utility failures or failures of third-party services
• Fire or other catastrophic events

The affected party shall notify the other party in writing within five (5) business days of the occurrence of a force majeure event and shall use commercially reasonable efforts to mitigate the impact. The affected party's performance shall be suspended for the duration of the event.

13. Intellectual Property

13.1 Designs and Plans

All designs, plans, drawings, specifications, and conceptual materials created by TimberCraft Pro for Client's project shall remain the intellectual property of TimberCraft Pro until full payment of all amounts due. Upon full payment, Client is granted a non-exclusive, non-transferable license to use such designs solely for the completed project at the contracted location.

13.2 Photography and Marketing

Client grants TimberCraft Pro the right to photograph, film, and document the completed project for use in our marketing materials, portfolio, website, social media, and promotional content. Client may request in writing that specific areas or personal identifying features be obscured in such materials.

13.3 Client-Provided Materials

Any designs, plans, or materials provided by Client to TimberCraft Pro remain the intellectual property of Client. Client warrants that they have the right to provide such materials and that they do not infringe upon any third party's intellectual property rights.

14. Privacy Policy

TimberCraft Pro is committed to protecting Client privacy. Information collected during the course of engagement (including but not limited to contact information, property details, project specifications, and payment information) will be used solely for project management, billing, communication, and warranty purposes.

We do not sell, trade, or rent personal information to third parties. Information may be shared with subcontractors and suppliers solely to the extent necessary to complete the project. Our full Privacy Policy is available upon request or at timbercraftpro.com/privacy.

15. Governing Law

These Terms and any disputes arising therefrom shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in Springfield, Illinois, and both parties consent to the personal jurisdiction and venue of such courts.

16. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to negotiate in good faith to replace any invalid provision with a valid provision that achieves, to the greatest extent possible, the original intent of the invalid provision.

17. Amendments

TimberCraft Pro reserves the right to amend these Terms at any time. For website-based Terms, updates will be posted on our website with a revised "Last Updated" date. For project-specific contracts, any amendments to the contract terms must be in writing and signed by both parties.

If material changes are made to these Terms, we will provide reasonable notice via email or other contact method on file. Continued engagement of our services after the effective date of any amendment constitutes acceptance of the revised Terms.

18. Contact Information

For questions regarding these Terms of Service, please contact us:

• By Mail: TimberCraft Pro LLC, 1247 Oakwood Drive, Suite 4, Springfield, IL 62704
• By Phone: (555) 123-4567
• By Email: legal@timbercraftpro.com
• By Website: timbercraftpro.com/contact

We are committed to ensuring that these Terms are clear and accessible. If you have any difficulty understanding any provision, please contact us and we will gladly explain it in plain language.