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Terms

Terms of Service & Construction Agreement

Terms of Service for CUSANO CONSTRUCTION COMPANY, INC.

Effective Date: December 2023

Last Updated: December 2023

Welcome to CUSANO CONSTRUCTION COMPANY, INC. These Terms of Service ("Terms") govern your access to and use of our construction services, website, and related offerings. By engaging our services or using our website, you agree to these Terms. Please read them carefully.

Important Notice

These Terms constitute a legally binding agreement between you and CUSANO CONSTRUCTION COMPANY, INC. If you do not agree with these Terms, please do not use our services or website. For specific project terms, please refer to your signed construction agreement.

Table of Contents

15. Mobile Messaging Terms (SMS/MMS) – Cusano Construction Alerts

Program Name: Cusano Construction Alerts

Program Description: By opting into the Cusano Construction Alerts program, you consent to receive recurring SMS and MMS messages from CUSANO CONSTRUCTION COMPANY, INC. related to your construction project, inquiries, and account. The types of messages you may receive include:

  • Project milestone notifications – Updates on construction progress, completion percentages, and next steps (e.g., "Foundation complete. Framing begins Monday.")
  • Appointment reminders & scheduling – Confirmations and reminders for site visits, inspections, or consultations (e.g., "Reminder: Final walk-through tomorrow at 10 AM.")
  • Payment & invoice alerts – Notices when payments are due, receipts, or billing inquiries (e.g., "Invoice #2345 is now available. View at client portal.")
  • Material delivery updates – Alerts about delivery schedules and potential delays.
  • Customer service follow-ups – Responses to your questions, quote requests, or support tickets submitted via our website.
  • Promotional offers & project tips – Occasional special offers, seasonal maintenance advice, or company news (only if you have opted in to marketing).

Message Frequency: Message frequency varies. You may receive up to 8 messages per month regarding active projects, and up to 4 promotional messages per month if you have opted in to marketing. For estimate requests or time-sensitive updates, you may receive additional messages on an as-needed basis.

Message and data rates may apply: Standard message and data rates, as determined by your mobile carrier, may apply to the SMS/MMS messages we send you. Please consult your mobile service plan for pricing details.

Opt-Out Instructions: You may opt out of receiving SMS/MMS messages at any time. To stop receiving messages, reply STOP to any text message you receive from us. After you reply STOP, we will send you a final confirmation message and you will no longer receive SMS/MMS communications from this program. For additional help, you can also reply HELP to any message or contact us directly using the information below.

Customer Care Contact Information: For questions or assistance regarding the mobile messaging program, your project, or any other inquiry, please contact us:

  • Phone: (941) 281-0700 (Monday–Friday, 8:00 AM – 6:00 PM EST)
  • Email: mobilehelp@cusanoconstructioninc.com
  • SMS Help: Reply HELP to any message for automated assistance
  • Web: Visit our Contact Page and select "Mobile Messaging Support"

Carriers Supported: The Cusano Construction Alerts program is supported on all major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and others. We are not liable for any delays or message failures from your carrier.

Your Consent: By providing your mobile number and opting in, you expressly consent to receive automated text messages from CUSANO CONSTRUCTION COMPANY, INC. at that number. You understand that consent is not a condition of purchase of any construction services. You may opt out at any time.

1. Acceptance of Terms

By accessing or using the services of CUSANO CONSTRUCTION COMPANY, INC., you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Key Points:

  • These Terms apply to all construction services, consultations, and website use
  • Additional project-specific terms may apply as outlined in your signed agreement
  • We reserve the right to modify these Terms at any time
  • Continued use of services after changes constitutes acceptance

2. Construction Services Description

CUSANO CONSTRUCTION COMPANY, INC. provides comprehensive construction services including but not limited to:

  • Residential construction and remodeling
  • Commercial building construction
  • Office remodeling and renovation
  • Structural repairs and modifications
  • Project management and consulting
  • Site preparation and foundation work
  • Electrical, plumbing, and HVAC installations
  • Finish work and interior design implementation

Service Limitations: All services are subject to availability, local building codes, permit approvals, and site conditions. We reserve the right to refuse service at our discretion.

3. Project Agreements & Contracts

All construction projects require a signed written agreement that includes:

Contract Element Description Importance
Scope of Work Detailed description of all work to be performed High - Defines project boundaries
Project Timeline Start date, milestones, and completion date High - Sets expectations
Payment Schedule Breakdown of payments tied to milestones High - Financial agreement
Materials & Specifications List of approved materials and brands Medium - Quality assurance
Change Order Process Procedure for modifying scope of work High - Prevents disputes
Warranty Terms Duration and coverage of warranties High - Post-completion protection

Important: Verbal agreements are not binding. All project terms must be documented in writing and signed by both parties.

4. Payment Terms & Billing

Payment terms are specified in each project agreement. Standard terms include:

  • Deposit: 10-30% due upon contract signing
  • Progress Payments: Tied to project milestones
  • Final Payment: Due upon project completion and client acceptance
  • Payment Methods: Check, bank transfer, or credit card (fees may apply)
  • Late Payments: 1.5% monthly interest on overdue balances

Additional Payment Terms:

  • All prices are subject to change based on material cost fluctuations
  • Additional work requires a signed change order before commencement
  • Client is responsible for all permit fees and utility connection charges
  • Taxes are additional unless otherwise specified

5. Change Orders & Modifications

Any changes to the original scope of work require a written Change Order signed by both parties. Change Orders include:

  • Detailed description of the change
  • Adjustment to project cost (if any)
  • Impact on project timeline
  • Revised payment schedule (if applicable)
  • Signatures from both parties

Change Order Process:

  1. Client requests change in writing
  2. We provide written estimate within 3 business days
  3. Client reviews and approves estimate
  4. Both parties sign Change Order
  5. Work proceeds after signed agreement

6. Warranty & Guarantees

CUSANO CONSTRUCTION COMPANY, INC. provides the following warranties:

  • Workmanship Warranty: 2 years on all labor and installation
  • Structural Warranty: 10 years on structural elements (where applicable)
  • Manufacturer Warranties: Pass-through of original manufacturer warranties
  • Code Compliance: Guarantee of compliance with all applicable building codes

Warranty Limitations:

  • Warranties do not cover damage caused by client neglect, abuse, or improper maintenance
  • Acts of nature (floods, earthquakes, etc.) are excluded
  • Warranty claims must be submitted in writing within warranty period
  • We reserve right to inspect and assess warranty claims

7. Liability & Insurance

CUSANO CONSTRUCTION COMPANY, INC. maintains comprehensive insurance coverage:

  • General Liability Insurance: $2,000,000 coverage
  • Workers' Compensation: As required by state law
  • Builder's Risk Insurance: For projects under construction
  • Commercial Auto Insurance: For company vehicles

Limitation of Liability:

  • Our liability is limited to the contract price or actual damages, whichever is less
  • We are not liable for consequential, incidental, or punitive damages
  • Client must maintain appropriate property insurance during construction
  • Client is responsible for securing site and protecting existing structures

8. Dispute Resolution

In the event of a dispute, the following process applies:

  1. Informal Negotiation: Parties agree to negotiate in good faith for 30 days
  2. Mediation: If unresolved, parties will submit to mediation with a neutral third party
  3. Arbitration: If mediation fails, binding arbitration per American Arbitration Association rules
  4. Litigation: As a last resort, in courts located in our operating region

Notice Requirement: All disputes must be submitted in writing within 30 days of discovery. Failure to provide timely notice may waive rights.

9. Cancellation Policy

Cancellation terms vary by project stage:

Project Stage Cancellation Terms Refund Policy
Before Contract Signing No cancellation fee 100% refund of any deposits
After Signing, Before Work Starts 10% cancellation fee 90% refund of deposit
After Work Commences Costs incurred + 20% fee Balance of unused funds
Material Ordered Material costs + 25% restocking fee Balance after material costs

Cancellation requests must be submitted in writing. Refunds processed within 30 business days.

10. Website Use Terms

By using our website, you agree to:

  • Use the website only for lawful purposes
  • Not attempt to gain unauthorized access to any part of the website
  • Not use the website to transmit harmful code or content
  • Respect intellectual property rights
  • Not use automated systems to access the website

Website Disclaimer:

  • Website content is for informational purposes only
  • We are not responsible for third-party links
  • Website availability is not guaranteed
  • We reserve the right to modify website content without notice

11. Intellectual Property

All intellectual property rights are protected:

  • Our Property: Plans, designs, processes, and trademarks remain our property
  • Client Property: Pre-existing property remains client property
  • Joint Property: Custom designs developed for client may have shared rights
  • Usage Rights: We may use project photos for marketing unless otherwise agreed

Important: Unauthorized use of our designs, plans, or trademarks is strictly prohibited and may result in legal action.

12. Termination

We reserve the right to terminate services if:

  • Client fails to make payments as agreed
  • Client interferes with work progress
  • Unsafe working conditions exist
  • Client breaches any material term of the agreement
  • Permits cannot be obtained

Termination Process:

  • Written notice of termination required
  • 30-day cure period for most breaches
  • Immediate termination for safety issues or illegal activities
  • Client responsible for costs incurred up to termination date

13. Governing Law

These Terms are governed by the laws of the state where CUSANO CONSTRUCTION COMPANY, INC. is primarily located, without regard to conflict of law principles. Any legal action shall be brought in the appropriate courts located in our operating region.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Failure to enforce any right or provision will not be considered a waiver of those rights.

Entire Agreement: These Terms, together with any signed project agreements, constitute the entire agreement between you and CUSANO CONSTRUCTION COMPANY, INC.

14. Contact Information

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

CUSANO CONSTRUCTION COMPANY, INC.

Terms Questions: (941) 281-0700

Email: legal@cusanoconstructioninc.com

Mailing Address: Legal Department, CUSANO CONSTRUCTION COMPANY, INC., Serving the CUSANO Region

Response Time: We aim to respond to legal inquiries within 10 business days

Acknowledgement

By using our services or website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

For project-specific terms, please refer to your signed construction agreement, which may contain additional terms and conditions.

Effective Date: These Terms are effective as of December 2023 and replace all previous versions.