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Terms and Conditions

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Terms and Conditions

  1. Client Responsibility On The Day of Service

1.1 Water Access

Requirement

Activated and Accessible Spigot: It is imperative that the homeowner ensures a water spigot is activated and easily accessible for any services that require water, such as window cleaning, pressure washing, and gutter cleaning. The presence of a functioning water source is essential for the completion of these services.

Preparation

Confirm Water Supply: Homeowners must confirm that the water supply is operational before the scheduled service appointment. This includes verifying that the water spigot is turned on and that there are no issues with the water pressure or supply.

Impact of Non-Compliance: Failure to provide an accessible and operational water source may lead to delays in service. In such cases, the Titus Brothers team may need to reschedule the appointment, which could incur additional charges for the homeowner.

Notification of Issues: If there are any known issues with the water supply, homeowners should notify Titus Brothers as soon as possible to make alternative arrangements and avoid potential delays or extra fees.

By ensuring these requirements are met, homeowners can help facilitate a smooth and efficient service process, thereby preventing any unnecessary interruptions or costs associated with the lack of water access.

1.2 Windows and Doors

Securing Property

Proper Closure of Windows and Doors: Homeowners must ensure that all windows and doors are securely shut before the commencement of any services. This precaution is vital to prevent the intrusion of water, cleaning solutions, or chemicals into the interior of the home.

Inspection Prior to Service: It is recommended that homeowners perform a thorough inspection of all windows and doors prior to the scheduled service date. This includes checking for any gaps, cracks, or other issues that might compromise the seal and allow for unwanted entry of water or chemicals.

Communication of Issues: If there are any known problems with the windows or doors that could affect their ability to be securely shut, homeowners should inform the Titus Brothers team in advance. This allows for appropriate measures to be taken to protect the interior of the home.

Responsibility for Damage: Titus Brothers shall not be held liable for any damage resulting from water or chemical intrusion due to improperly secured windows or doors. Homeowners bear full responsibility for ensuring that all entry points are adequately secured to prevent such occurrences.

Service Interruption: Failure to secure windows and doors may result in service interruptions or delays. If the Titus Brothers team is required to address these issues upon arrival, additional charges may be incurred, and the overall service duration may be extended.

By adhering to these guidelines, homeowners can help ensure a smooth and efficient service process while safeguarding the interior of their homes from potential damage.

1.3 Pets

Ensuring the safety and well-being of your pets during and after a service appointment is crucial. Here are some detailed steps and additional considerations to make sure your furry friends are safe and comfortable:

Safety:

Keep Pets Indoors: During the appointment, it is essential to keep all pets indoors. This precaution helps prevent accidents and ensures the safety of your pets while the technicians are working. Strangers in the house, loud noises, and open doors can all be sources of stress and potential danger for pets.

Post-Appointment Safety: After the technicians leave, continue to keep pets indoors for at least two hours. This precaution allows any residual substances or hazards to settle and ensures the environment is safe before letting pets roam freely again. This is particularly important if any chemicals were used during the appointment.

Check for Hazards: Once the appointment is completed, do a thorough check of the areas where the technicians worked. Ensure there are no small tools, debris, or potentially harmful substances left behind that could pose a risk to your pets.

By taking these steps, you can help ensure that your pets remain safe, comfortable, and stress-free during service appointments in your home.

1.4 Work Area

When it comes to exterior property maintenance, preparing the work area is essential for the safety of both the technicians and your property. Here are detailed steps to ensure the work area is ready for maintenance tasks:

Clearance:

Personal Items Removal: Before the maintenance team arrives, make sure to clear the work area of any personal items. This includes outdoor furniture, garden tools, decorative items, toys, and any other belongings that might obstruct the technicians’ work or get damaged in the process.

Sensitive Materials: Remove any sensitive materials from the vicinity of the work area. This includes important documents, fragile items, and anything that could be damaged by exposure to dust, debris, or accidental contact. Store these items indoors or in a secure location away from the work zone.

Provide Adequate Space: Ensure there is a clear working area of at least 4-6 feet around the service area. This space allows the technicians to move freely and safely while performing their tasks. It also helps prevent accidental damage to your property and reduces the risk of injury to both the workers and yourself.

Vehicle Relocation: If the maintenance involves areas near your driveway or garage, consider relocating your vehicles to a safe distance. This prevents any potential damage from debris or equipment and provides the workers with easier access to the service area.

Vegetation Management: Trim back any overgrown vegetation, such as shrubs, trees, and bushes, that might obstruct the work area. This not only provides a clearer space for the technicians but also ensures that your plants are not accidentally damaged during the maintenance process.

Pet Containment: As mentioned earlier, ensure pets are kept indoors or in a secure area away from the work zone. This helps prevent accidents and ensures the safety of both the pets and the technicians.

Communication with Technicians: Before the work begins, walk the technicians through the designated work area. Point out any specific concerns or areas that need special attention. This ensures they are aware of any potential hazards and allows them to plan their work accordingly.

Temporary Barriers: If necessary, set up temporary barriers or caution tape to clearly mark the work area. This helps to keep children, pets, and other family members away from the potentially hazardous zone during the maintenance activities.

By thoroughly preparing the exterior work area, you can help ensure a smooth and efficient maintenance process while protecting your property and ensuring the safety of everyone involved.

  1. Legally Binding Agreement

2.1 Contract Acceptance

Agreement: By signing this contract, you acknowledge and agree to these terms and conditions, forming a legally binding agreement between you (the client) and Titus Brothers. This contract outlines the rights, responsibilities, and obligations of both parties. By entering into this agreement, you affirm that you have read, understood, and accept all terms and conditions stated herein.

2.2 Breach of Contract

Consequences: In the event of a breach of contract, Titus Brothers reserves the right to pursue legal action to recover any losses incurred. This includes, but is not limited to, seeking compensation for damages, enforcing specific performance, and recovering attorney’s fees and court costs. Deposits are non-refundable and are intended to serve as liquidated damages to cover the costs and losses associated with the breach. By signing this contract, you agree to these conditions and understand the potential legal and financial implications of breaching this agreement.

  1. Quotes / Estimates

3.1 Validity

Duration: All quotes and estimates provided by Titus Brothers are valid for a period of 30 days from the date of issuance. This validity period allows clients ample time to review and consider the provided estimate. After this 30-day period, the quote or estimate will become void and cannot be honored. If you wish to proceed with the services after the validity period has expired, a new quote or estimate will need to be issued, which may reflect changes in material costs, labor rates, or other factors that could affect the overall pricing.

3.2 Changes

Revisions: Any changes to the agreed-upon scope of work after the initial acceptance of the quote or estimate may necessitate a revised estimate. Changes can include, but are not limited to, alterations in the project specifications, additional services requested, or unforeseen circumstances that require adjustments to the original plan. Titus Brothers will provide a detailed revised estimate reflecting these changes, and the client must approve this revised estimate before any additional work commences. Please note that such revisions may affect the overall cost and timeline of the project. By agreeing to the initial quote, the client acknowledges and accepts that changes to the project scope can result in modifications to the estimated costs and completion schedule.

4.1 Notice Period

Advance Notice: To ensure smooth scheduling and resource management, we require clients to notify us of any changes or cancellations at least 72 hours before their scheduled appointment. This allows us to adjust our schedules and offer the appointment slot to other clients in need of our services.

Rescheduling Fee: If rescheduling is requested within 24 hours of the appointment, a rescheduling fee of $100 will be applied. This fee helps cover the costs associated with last-minute changes, including reallocating labor and resources.

No-Show Fee: In the event of a no-call cancellation or failure to provide any notice of cancellation, a no-show fee of $200 will be charged. This fee compensates for the time and resources reserved for your appointment, which could have been allocated to other clients.

4.2 Weather-Related Changes

Assessment: Weather conditions can significantly impact the ability to perform certain services safely and effectively. Titus Brothers will assess the weather conditions and communicate any necessary changes to your scheduled appointment. In the event of poor weather, which may include heavy rain, snow, high winds, or extreme temperatures, your work may need to be rescheduled to ensure the safety of our technicians and the quality of the service.

Communication: We will notify you as soon as possible if weather conditions necessitate a change in your appointment. We aim to provide timely updates and reschedule your service at the earliest convenient time. No additional fees will be incurred for weather-related rescheduling, as we prioritize the safety and satisfaction of our clients and staff.

  1. Product Warranties

5.1 Manufacturer Warranties

Limitations: All warranties applicable to products used by Titus Brothers are strictly limited to those provided by the respective product manufacturers. Titus Brothers does not extend or offer additional warranties beyond the manufacturer’s original terms and conditions. It is important for clients to review and understand the specific warranty details provided by the manufacturer, as these warranties typically cover defects in materials and workmanship but may have exclusions and limitations regarding coverage duration and conditions.

5.2 Notification

Issues: If you experience any issues or have concerns regarding the products installed or the workmanship provided by Titus Brothers, please notify us immediately. Prompt notification allows us to address and rectify any problems efficiently. We are committed to ensuring client satisfaction and will assist in coordinating with the product manufacturer for any warranty claims or repairs necessary. Additionally, timely communication helps prevent minor issues from escalating into larger problems, ensuring that the integrity of the work and the products used are maintained.

  1. Water Usage

6.1 Client Responsibility

Provision: As the client, you agree to provide an on-site water supply for Titus Brothers to use during the service. This water supply is to be provided without any additional compensation from Titus Brothers. The availability of a reliable water source is essential for the efficient completion of many of our services, particularly those involving cleaning and pressure washing.

Readiness: It is your responsibility to ensure that the water supply is fully functional and ready for use before our technicians arrive. This includes checking that all outdoor faucets and hose connections are working properly. If the water supply is not available or is found to be non-functional upon our arrival, additional charges may apply to cover the costs of delays or the need to reschedule the service.

Water Supply Requirements: For services requiring a pressure washer, please note that our equipment is commercial-grade and requires a water supply with a flow rate of 4.4 gallons per minute (GPM) to operate effectively. If your property does not have a sufficient water supply to meet this requirement, additional charges may apply for the provision of alternative solutions, such as water transportation or rental of specialized equipment. By ensuring that the water supply meets these specifications, you help us to deliver the highest quality service without unnecessary interruptions or additional costs.

Electrical Usage

7.1 Client Responsibility

Provision: As the client, you agree to provide on-site electricity for Titus Brothers to use during the service. This electricity is to be supplied without any additional compensation from Titus Brothers. Reliable access to electrical power is crucial for the operation of various tools and equipment necessary for completing our services efficiently.

Readiness: It is your responsibility to ensure that the electrical supply is fully functional and readily accessible before our technicians arrive. This includes verifying that outdoor electrical outlets are operational and in good condition. If the electrical supply is found to be unavailable or non-functional upon our arrival, additional charges may apply to cover the costs of delays or the need to reschedule the service.

External Electricity Sources: In the event that the on-site electrical supply is insufficient or unavailable, external sources of electricity may be required. This could involve the use of generators or other power sources. Any costs associated with procuring and utilizing these external electricity sources will be the responsibility of the client and will incur additional charges. By ensuring that the on-site electrical supply meets the necessary requirements, you help us to deliver our services without unnecessary interruptions or additional costs.

  1. Color and Tone Concerns

8.1 Variations

Expectations: It is important to understand that natural materials such as wood can exhibit significant variations in color and tone due to aging, weathering, and inherent differences in the material itself. While Titus Brothers strives to represent final colors as accurately as possible, some differences are to be expected once the work is completed. Factors such as sunlight exposure, moisture levels, and the natural aging process of the wood can all contribute to these variations.

  1. Courtesy

9.1 Safety

Avoiding Work Area: For the safety of everyone involved, it is crucial that you (the client), children, pets, and other individuals stay clear of the designated work area during our service and for at least two hours after the work is completed. This precaution helps prevent accidents, injuries, and disruptions that could compromise the quality and efficiency of our work.

Clear Boundaries: Clearly mark and communicate the boundaries of the work area to all household members and visitors. Use barriers, signs, or temporary fencing if necessary to delineate the work zone and keep it free from traffic.

Supervise Children and Pets: Ensure that children and pets are supervised and kept away from the work area. The presence of equipment, tools, and materials can pose significant safety risks, and preventing access helps avoid any potential incidents.

Respect for Technicians: Allow our technicians to perform their tasks without interference. Respecting their space and allowing them to work without unnecessary interruptions will ensure a smoother and more efficient process. If you have any questions or concerns during the service, please communicate them to the lead technician or contact our office.

Post-Work Safety: Even after the work is completed, it is important to maintain a safe distance from the area for at least two hours. This allows any materials to settle, and ensures that any equipment or tools that may still be present do not pose a risk. Additionally, some services may involve substances that need time to dry or cure, making it essential to avoid the area to prevent any damage or health risks.

By following these guidelines, you help us maintain a safe working environment and ensure the successful completion of the service. Your cooperation and courtesy are greatly appreciated and contribute to the overall efficiency and quality of our work.

  1. Payments

10.1 Payment Terms

Due Date: Payments are due as outlined in the contract schedule. It is essential that payments are made on or before the specified due dates to avoid any disruptions in service or project delays. Timely payments ensure that Titus Brothers can continue to deliver high-quality services and maintain the agreed-upon project timeline.

Late Charges: If balances are not paid by the due date, late charges will apply. These charges are intended to cover the additional administrative costs and financial impact of overdue payments. The exact amount of late charges will be specified in your contract and will be strictly enforced to ensure compliance with payment terms.

Non-Payment: In the event of non-payment, Titus Brothers reserves the right to take necessary legal actions to recover the owed amount. This includes filing a mechanic’s lien on the property serviced or pursuing a claim in civil court. A mechanic’s lien can result in legal complications for the property owner, potentially impacting property sales or refinancing. By signing the contract, you acknowledge and agree to these terms, emphasizing the importance of fulfilling payment obligations.

10.2 Fees

Returned Checks: Any returned checks will incur a $100 fee. This fee covers the bank charges and administrative costs associated with handling returned payments. It is crucial to ensure that sufficient funds are available in your account to avoid these additional charges.

Credit Card Payments: Payments made using a credit card will be subject to a 3.25% processing fee. This fee is applied to cover the costs associated with credit card transactions, which are charged by the payment processing company. If you prefer to avoid this fee, consider using alternative payment methods such as checks, cash or bank transfers.

By adhering to these payment terms and conditions, you help us maintain a smooth and efficient service process. Your understanding and cooperation in fulfilling financial obligations promptly are greatly appreciated and contribute to the successful completion of your project.

  1. Scheduling

11.1 Weather Conditions

Impact: Inclement weather can significantly impact our ability to perform certain services safely and effectively. Adverse weather conditions such as heavy rain, snow, high winds, or extreme temperatures can hinder our work and compromise the quality of the services provided. For this reason, it is essential to recognize that weather conditions may necessitate changes to the scheduled appointment.

Notification: In the event that weather conditions require a change in the scheduled service, Titus Brothers will promptly notify you of any adjustments. We strive to provide as much advance notice as possible to minimize any inconvenience to you. Our team will monitor weather forecasts closely and make informed decisions to ensure both the safety of our technicians and the integrity of the work.

Rescheduling: If your appointment is affected by inclement weather, we will work with you to reschedule the service at the earliest convenient time. Our goal is to minimize any delays while ensuring that the conditions are suitable for performing the work to our high standards. We appreciate your flexibility and understanding in accommodating necessary schedule adjustments due to weather conditions.

Proactive Communication: We encourage proactive communication from our clients regarding weather concerns. If you anticipate severe weather on the day of your scheduled appointment, please reach out to us as soon as possible. This allows us to assess the situation and make any necessary arrangements in advance.

 

  1. Removal & Replacement of Deck Contents

 

12.1 Client Responsibility

 

Preparation

 

Removing Items: It is the homeowner’s responsibility to remove any items from the deck area prior to the start of work. This includes furniture, plants, decorations, and any other

objects that could obstruct the work process. Ensuring the area is clear helps prevent accidents and allows the Titus Brothers team to work efficiently.

 

Replacing Items: After the work is completed, the homeowner is also responsible for placing their items back onto the deck. This task includes repositioning furniture, plants, and any other decorations that were removed.

 

Liability for Damage or Breakage: Titus Brothers is not liable for any damage or breakage of items that were not removed by the homeowner. To avoid any potential issues, it is crucial that homeowners take the time to carefully remove and store their belongings in a safe place before the work begins.

 

Personal Belongings: Homeowners should ensure all personal belongings are secured and out of the way. This prevents any inadvertent damage during the project and ensures the safety of both the workers and the property.

 

Fees: In the event that the Titus Brothers team is required to remove items from the workspace that impede their ability to deliver high-quality service, an additional fee of no less than $50 shall be applied to the final bill.

 

By adhering to these responsibilities, you (the client) can help ensure a smooth and efficient work process, minimizing the risk of damage to personal items and allowing the Titus Brothers team to focus on delivering high-quality work.

 

  1. Damages

 

13.1 Pre-Existing Conditions

 

Responsibility: Titus Brothers takes great care to perform all services with the highest level of professionalism and attention to detail. However, we are not responsible for damages that occur as a result of pre-existing conditions, including improperly installed or poorly maintained structures. It is important for clients to understand that surfaces and structures that have not been properly installed or maintained may be more susceptible to damage during the cleaning or maintenance process.

 

Inspection and Documentation: Before commencing any work, our team will conduct a thorough inspection of the areas to be serviced. We will document any pre-existing conditions, including visible wear and tear, structural issues, and previously noted damage. This documentation serves to clarify the condition of the property before our work begins and helps to identify any issues that may arise during the service.

Power Washing Risks: Power washing, in particular, can reveal faded areas, stains, or other imperfections on siding and other surfaces that were not previously visible. These conditions are often the result of natural aging, weather exposure, and prior maintenance practices. While power washing is an effective cleaning method, it can expose underlying issues that were not evident before the cleaning process.

 

Client Awareness: By agreeing to our services, you acknowledge and accept that power washing and other maintenance activities may uncover or highlight pre-existing conditions and imperfections. Titus Brothers will not be held liable for any such conditions that become apparent during or after the service.

 

Preventative Measures: To minimize the risk of damage, we recommend that clients address any known structural issues or maintenance deficiencies prior to our arrival. This proactive approach helps ensure that the surfaces and structures we work on are in the best possible condition to withstand the cleaning and maintenance processes.

Open Communication: We encourage open communication with our clients regarding any concerns about potential damages. If you have specific areas of concern or are aware of any vulnerabilities in your property, please inform us during the initial consultation. This allows us to take extra precautions and adjust our methods accordingly to protect your property as much as possible.

 

  1. Stains

 

14.1 Limitations

 

Non-Removable Stains: While power washing is an effective method for removing many types of dirt, grime, and surface stains, there are certain types of stains that may not be fully removable. Stains caused by substances like tree sap, paint splatters, rust, and deep-set oil can be particularly stubborn and resistant to standard cleaning methods. These types of stains often penetrate the surface material, making them difficult to remove without causing damage to the underlying structure.

 

Realistic Expectations: It is important for clients to have realistic expectations regarding the outcomes of power washing services. Although our technicians use advanced equipment and techniques to achieve the best possible results, some stains may remain visible after the cleaning process.

 

Assessment and Communication: Before starting the power washing service, our team will assess the areas with significant stains and communicate any concerns to you. We will provide an honest evaluation of what can be expected and identify any stains that are unlikely to be completely removed.

 

Alternative Solutions: In cases where power washing alone is insufficient, we may recommend alternative or supplemental treatments. These could include specialized cleaning agents, spot treatments, or other professional cleaning methods tailored to the specific type of stain. However, it is important to note that these additional treatments may come with extra costs and varying levels of success.

 

Preventative Advice: To help maintain the appearance of your property and minimize the occurrence of difficult stains, we offer preventative advice and maintenance tips. Regular cleaning and timely removal of potential staining agents can help preserve the condition of your surfaces and reduce the likelihood of permanent stains.

 

  1. Watertight

 

15.1 Property Condition

 

Maintenance: It is crucial to ensure that your property is in good repair and fully watertight before any services are performed. This includes checking for and addressing any existing issues such as leaks, cracks, or other vulnerabilities that could allow water infiltration. Proper maintenance of your property helps to safeguard against water damage and ensures the longevity of your structures.

 

Pre-Service Inspection: Prior to the commencement of our services, we recommend conducting a thorough inspection of your property to identify and repair any potential issues. This includes checking the integrity of roofs, windows, doors, siding, and other areas susceptible to water penetration. Ensuring these areas are secure and watertight helps to prevent water damage during our cleaning and maintenance processes.

 

Client Responsibility: As the property owner, it is your responsibility to maintain your property in a condition that prevents water infiltration. Titus Brothers cannot be held responsible for any water infiltration damages that occur as a result of pre-existing conditions, poor installation, or lack of proper maintenance. By ensuring your property is well-maintained and watertight, you help to mitigate the risk of damage during our services.

 

Service Limitations: Our services, including power washing and exterior maintenance, are designed to improve the appearance and condition of your property. However, these services can only be safely and effectively performed if the property is already in a suitable condition. Water infiltration issues caused by structural deficiencies or improper installations fall outside the scope of our responsibility.

 

Post-Service Care: After our services are completed, continue to monitor and maintain your property to ensure it remains watertight. Regular inspections and timely repairs can help to prevent future issues and maintain the integrity of your property. If you notice any signs of water infiltration, such as damp spots, mold growth, or structural damage, address these issues promptly to avoid further complications.

 

  1. Window Spotting

 

16.1 Exclusions

 

Service Limitation: It is important to note that window cleaning is not included in our standard pressure washing services unless it is specifically requested and agreed upon in advance. While our pressure washing services are effective at cleaning various exterior surfaces, they do not typically address the specialized cleaning needs of windows.

 

  1. Concrete

 

17.1 Variations

 

Appearance: Concrete surfaces, due to their porous and durable nature, can develop various imperfections over time. When cleaned, these imperfections can become more visible. It is important to understand that cleaning concrete surfaces may reveal a range of underlying issues and variations in appearance that were not immediately noticeable prior to cleaning.

 

Revealing Imperfections: The pressure washing process is highly effective at removing surface dirt, stains, and buildup. However, it can also expose underlying imperfections such as cracks, pitting, discoloration, or patchy areas. These imperfections are often the result of the concrete’s natural aging process, previous repairs, or varying degrees of wear and tear.

 

Inconsistent Appearance: Different areas of the concrete surface may exhibit varying appearances post-cleaning. Factors such as exposure to the elements, traffic patterns, and historical usage can cause some sections of the concrete to weather differently than others. As a result, once the surface grime is removed, these variations can become more pronounced.

 

Client Expectations: It is essential for clients to have realistic expectations regarding the outcome of concrete cleaning. While our pressure washing services aim to enhance the overall appearance of your concrete surfaces, we cannot guarantee uniformity in appearance due to the inherent characteristics and condition of the concrete.

 

Consultation and Assessment: Before performing the cleaning, our team will conduct a thorough assessment of the concrete surfaces. We will discuss any visible imperfections and set clear expectations about the potential outcomes of the cleaning process. This transparent approach helps ensure that you are fully informed and prepared for the results.

 

Post-Cleaning Advice: After the cleaning process, we can provide recommendations for further treatments or repairs if necessary. This might include sealing the concrete to protect it from future staining and damage, or addressing any significant imperfections that were revealed during the cleaning process. Proper maintenance and timely repairs can help preserve the appearance and longevity of your concrete surfaces.

 

  1. Agreement to Terms

 

18.1 Acceptance

 

Binding: By accepting an estimate and proceeding with the services provided by Titus Brothers, you acknowledge and agree to the terms and conditions outlined in this document. This agreement forms a legally binding contract between you (the client) and Titus Brothers, ensuring that both parties are aware of their rights, responsibilities, and obligations.

 

Comprehensive Understanding: It is essential that you fully understand and accept these terms before commencing any work. By agreeing to the estimate, you confirm that you have read, understood, and consented to all the terms and conditions specified. This includes acknowledging the scope of work, payment terms, potential limitations, and any risks associated with the services.

 

Limitation of Liability: Titus Brothers is committed to delivering high-quality services while taking all necessary precautions to protect your property. However, it is important to note that Titus Brothers is not liable for any property damage that may occur during the course of our services unless such damage is directly caused by gross negligence on our part. Gross negligence refers to a severe degree of carelessness or reckless disregard for the safety and condition of your property. This clause ensures that both parties are protected and that reasonable expectations are set regarding liability and responsibility.

 

Client Responsibilities: As the client, you are responsible for ensuring that the work area is prepared and that any necessary provisions (such as water and electricity) are available and functional. Additionally, you are expected to communicate any specific concerns or requirements prior to the commencement of the service to ensure that our team can address them appropriately.

 

Effective Communication: Clear and open communication between you and Titus Brothers is crucial for the successful execution of the services. Should you have any questions or require further clarification on any of the terms, please do not hesitate to reach out to us. Our goal is to ensure that you are fully informed and comfortable with the agreement before any work begins.

 

  1. Dismissing a Client

 

19.1 Right to Terminate

 

Notice: Titus Brothers reserves the right to terminate the service agreement with a client at any time. Termination may be necessitated by various circumstances including, but not limited to, non-payment, disruptive behavior, unsafe working conditions, or any actions by the client that impede our ability to perform services effectively and safely.

 

Written Notice: Should it become necessary to dismiss a client, Titus Brothers will provide written notice to the client. This notice will outline the reasons for termination and the effective date of the termination. The written notice may be delivered through multiple channels to ensure clear and documented communication, including:

 

Email: An official termination notice will be sent to the client’s registered email address.

 

Text Message: A brief termination notice may be sent via text message to the client’s provided mobile number.

Letter: A formal letter detailing the termination will be mailed to the client’s physical address on record.

 

Recorded Phone Call: A phone call to inform the client of the termination will be made, with the conversation recorded for documentation purposes.

Final Settlement: Upon termination, any outstanding balances for services rendered up to the point of termination must be settled by the client. If applicable, Titus Brothers will provide a final invoice detailing the services provided and the remaining balance. Failure to settle the outstanding amount may result in further legal action to recover the owed funds.

 

Reclaiming Property: In cases where Titus Brothers has left equipment or materials on the client’s property, arrangements will be made to reclaim these items promptly. The client is expected to facilitate the retrieval of our property without obstruction.

 

Client Cooperation: It is expected that the client will cooperate fully during the termination process. Any interference, hostility, or refusal to comply with the termination terms may lead to further actions, including legal measures to ensure compliance and protect the interests of Titus Brothers.

 

No Refunds: Any deposits or payments made prior to termination are non-refundable, as stated in our terms and conditions. These payments are intended to cover the costs incurred by Titus Brothers and compensate for any potential damages resulting from the termination.

 

By outlining our right to terminate the service agreement and providing a clear process for dismissal, we ensure that both parties understand the conditions under which such actions may be taken. This policy helps maintain a professional and safe working environment, ensuring that our services can be performed to the highest standards.

 

  1. Photos and Videos

 

20.1 Consent

 

Marketing: By agreeing to our terms and conditions, you provide your consent for Titus Brothers to take photos and videos of your property. These visual materials may be used for a variety of marketing purposes, which include, but are not limited to, content on our website, social media platforms, promotional materials, advertisements, and portfolio showcases.

 

Purpose of Use: The primary purpose of capturing photos and videos of your property is to highlight the quality and effectiveness of our services. These materials help demonstrate our work to potential clients, showcasing real examples of completed projects. They also serve to build trust and credibility by providing visual proof of our capabilities and results.

 

Scope of Consent: Your consent allows Titus Brothers to use images and videos taken before, during, and after the service. We ensure that these materials will be used in a professional manner, respecting your privacy and presenting your property in a positive light.

 

Privacy Considerations: While we aim to highlight our work, we are committed to protecting your privacy. Personal identifying features such as house numbers, street names, or other private details will be omitted or blurred to ensure that your privacy is maintained. Our focus will be on the areas of the property that directly relate to the services provided.

 

Opt-Out Option: If you prefer not to have photos or videos of your property used for marketing purposes, please inform us in writing prior to the commencement of the service. We respect your preferences and will honor any requests to opt out of marketing-related photography and videography.

 

Client Cooperation: Your cooperation in allowing us to capture visual documentation of our work is greatly appreciated. This not only helps us to market our services effectively but also assists in creating a visual record of the work completed, which can be beneficial for both parties in the event of any future queries or follow-up services.

 

Ownership and Usage Rights: All photos and videos taken by Titus Brothers during the course of the service remain the property of Titus Brothers. We retain the right to use, edit, and publish these materials across various media channels for an indefinite period, ensuring the continued promotion of our business.

 

By consenting to the use of photos and videos for marketing purposes, you help us demonstrate the quality of our work to future clients and support the growth of Titus Brothers. Your consent is a valuable contribution to our ability to showcase the results we deliver and maintain transparency in our services.

 

  1. Privacy Policy

 

21.1 Personal Information

 

Protection: Protecting your personal information is of utmost importance to Titus Brothers. We are committed to ensuring that your data is collected, used, and protected in a manner that respects your privacy and complies with all relevant laws and regulations.

 

Collection of Data: When you engage with Titus Brothers, whether through our website, phone, or in-person consultations, we may collect personal information such as your name, address, contact details, payment information, and details about your property. This information is necessary for us to provide you with the services you have requested and to ensure efficient communication and billing processes.

 

Use of Data: The personal information we collect is used exclusively for business purposes. This includes, but is not limited to, processing your service requests, scheduling appointments, sending invoices, and communicating with you regarding your services. We may also use your information to improve our services, enhance customer experience, and for internal record-keeping.

 

Protection Measures: We implement robust security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. These measures include secure servers, encryption technologies, and stringent access controls. Only authorized personnel who need to know your information to perform their job duties have access to your personal data.

 

Sharing of Information: Titus Brothers does not sell, trade, or rent your personal information to third parties. We may share your information with trusted partners and service providers who assist us in delivering our services, such as payment processors and IT support. These third parties are contractually obligated to keep your information confidential and to use it only for the purposes for which it was disclosed.

 

Your Rights: You have the right to access, correct, or delete your personal information at any time. If you wish to exercise these rights or have any concerns about how your data is being handled, please contact us directly. We will respond promptly to your requests and take appropriate action to address your concerns.

 

Privacy Policy Review: We encourage you to review our detailed Privacy Policy for comprehensive information on how we manage your personal data. This document outlines our practices in greater detail and provides additional information about your rights and our obligations.

 

By understanding and agreeing to our privacy practices, you help us maintain a trusted relationship and ensure that your personal information is handled with the highest level of care and security. Titus Brothers is dedicated to protecting your privacy and providing you with a safe and secure service experience.

 

  1. Dispute Resolution

 

22.1 Mediation

 

Process: In the event of any disputes or disagreements arising from or relating to the services provided by Titus Brothers, both parties agree to first attempt to resolve the matter through mediation before considering any form of legal action. Mediation is a collaborative and non-adversarial process designed to facilitate a mutually acceptable resolution with the help of a neutral third-party mediator.

 

Initiation of Mediation: Either party may initiate the mediation process by providing written notice to the other party outlining the nature of the dispute and requesting mediation. The notice should include a brief description of the issue, the desired outcome, and any relevant supporting documentation.

 

Selection of Mediator: Upon agreeing to mediate, both parties will work together to select a qualified and impartial mediator. The mediator should have experience in resolving disputes related to the type of services provided by Titus Brothers. If the parties cannot agree on a mediator, they may seek assistance from a reputable mediation service to appoint one.

 

Mediation Session: The mediation session(s) will be scheduled at a mutually convenient time and location, ensuring that both parties have the opportunity to present their perspectives and work towards a resolution. The mediator will facilitate open and constructive communication, helping the parties explore potential solutions and reach an agreement.

 

Confidentiality: All discussions, negotiations, and documents exchanged during the mediation process are confidential and cannot be used as evidence in any subsequent legal proceedings. This confidentiality encourages open and honest communication, allowing both parties to freely discuss their concerns without fear of repercussions.

 

Costs of Mediation: The costs associated with the mediation, including the mediator’s fees, will be shared equally by both parties unless otherwise agreed upon. Each party will be responsible for their own expenses, such as legal fees and travel costs, related to the mediation process.

 

Outcome: If mediation is successful, the agreement reached will be documented in writing and signed by both parties. This agreement will be binding and enforceable, providing a clear resolution to the dispute. If mediation is unsuccessful and no agreement is reached, either party may then pursue other legal remedies available under the law.

 

Good Faith Effort: Both parties agree to participate in the mediation process in good faith, with a genuine intention to resolve the dispute amicably. Mediation provides an opportunity to address issues collaboratively and avoid the time, expense, and adversarial nature of litigation.

 

By agreeing to resolve disputes through mediation, Titus Brothers and the client commit to a fair and efficient process that prioritizes mutual understanding and resolution. This approach helps maintain a positive working relationship and fosters a cooperative spirit, ultimately benefiting both parties.

 

  1. Liability Limitations

 

23.1 Scope

 

Limit: Titus Brothers’ liability for any claims arising out of or relating to the services provided under this contract is strictly limited to the total amount paid by the client for the specific service contract. This limitation of liability applies to all forms of claims, including but not limited to, breach of contract, negligence, and any other legal theory that may be applicable.

 

Direct Damages: The liability of Titus Brothers is limited to direct damages, which are the actual costs incurred by the client as a result of any proven fault or failure on the part of Titus Brothers. Under no circumstances will the liability exceed the amount paid by the client for the services in question.

 

Indirect Damages: Titus Brothers is not responsible for any indirect damages that may occur as a result of our services. Indirect damages refer to those that are not directly caused by our actions but may be a secondary result of them. Examples include, but are not limited to, loss of use, loss of income, loss of business opportunities, or any financial losses stemming from an inability to use your property as intended.

 

Incidental Damages: We are also not liable for incidental damages, which are minor losses or expenses that arise from the primary damage or loss. This could include the cost of temporary accommodations, alternative services, or any small expenses that occur as a result of the primary issue.

 

Consequential Damages: Furthermore, Titus Brothers will not be held responsible for consequential damages. These are damages that do not flow directly and immediately from our actions but result from subsequent actions or events. Examples include loss of profits, business interruption, or the ripple effects of an initial issue.

 

Exclusions and Limitations: The exclusions and limitations of liability outlined in this section are comprehensive and intended to cover all potential forms of claims. By entering into this agreement, the client acknowledges and accepts these limitations as a condition of engaging Titus Brothers’ services. This helps ensure that both parties have a clear understanding of the scope of liability and can manage their expectations accordingly.

 

Legal Compliance: These liability limitations are designed to comply with applicable laws and regulations. If any part of this limitation is found to be invalid or unenforceable under local laws, the remaining provisions will continue to apply. Titus Brothers reserves the right to modify these terms as required to remain compliant with legal standards and to protect our interests and those of our clients.

 

By agreeing to these liability limitations, you acknowledge that Titus Brothers’ responsibility for any claims is confined to the amount paid for the specific service contract. This agreement helps protect both parties by setting clear boundaries for potential liabilities and ensuring a fair and transparent understanding of our obligations and your protections.

 

  1. Governing Law

 

24.1 Jurisdiction

 

Applicable Law: This agreement, including all terms and conditions, is governed by and construed in accordance with the laws of the province of British Columbia, Canada. This means that any interpretation, enforcement, or disputes related to this contract will adhere to the legal standards and principles established under British Columbia law.

 

Jurisdiction and Venue: Any disputes, claims, or controversies arising out of or relating to this agreement, or the breach thereof, shall be subject to the exclusive jurisdiction of the courts of British Columbia. This includes provincial courts and any applicable federal courts located within the province. Both parties agree that these courts are the appropriate and most convenient forum for resolving such disputes.

 

Choice of Law: The choice of British Columbia law as the governing law reflects our commitment to maintaining a clear and consistent legal framework for our services and contractual relationships. This choice provides predictability and clarity, ensuring that both Titus Brothers and our clients operate under the same legal standards and expectations.

 

Legal Proceedings: In the event of any legal proceedings, both parties consent to the personal jurisdiction of the courts of British Columbia. This consent is granted with the understanding that all legal actions will be conducted within this jurisdiction, and any court rulings or judgments will be enforceable under British Columbia law.

 

Conflict of Laws: Should there be any conflict between the laws of British Columbia and those of another jurisdiction, the laws of British Columbia will prevail. This provision helps to avoid any legal ambiguity and ensures that all contractual terms are interpreted consistently with the laws governing this agreement.

 

Dispute Resolution Preference: While legal proceedings are a last resort, both parties acknowledge that the British Columbia courts are the preferred venue for any necessary legal action. This ensures that disputes are resolved in a manner consistent with local legal practices and standards.

 

By agreeing to these terms, you acknowledge that the laws of the province of British Columbia will govern all aspects of this contract, and any disputes will be resolved within the jurisdiction of British Columbia courts. This understanding helps to provide a clear legal framework for both parties and ensures that any issues can be addressed within a predictable and established legal system.

 

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