FIXIT Tradesman LLC – Terms of Service

These Terms of Service ("Terms") apply to all services provided by FIXIT Tradesman LLC ("FIXIT," "we," "our," or "us") to our clients ("you" or "client"). By accepting an estimate or initiating any work with FIXIT Tradesman LLC, you agree to these Terms of Service.

1. Scope of Services

1.1. FIXIT Tradesman LLC provides home renovation, remodeling, and construction services as detailed in your estimate or project proposal. Each project’s scope of work, materials, and associated costs will be outlined in a written estimate prior to project commencement.

1.2. Any modifications to the agreed-upon scope, materials, or design must be documented in a change order and may result in additional charges. Change orders must be documented in writing and agreed to by both parties via signature or email confirmation before work proceeds.

1.3. Clients agree not to direct, instruct, or engage FIXIT subcontractors independently without prior written approval. Unauthorized instructions or changes given directly to subcontractors without FIXIT’s consent may result in additional charges, rework fees, or project termination.

2. Estimates and Pricing

2.1. Our estimates provide an itemized breakdown of labor, materials, and additional costs based on the outlined project scope. Prices for materials and labor are subject to change based on current market rates. Any adjustments will be communicated and agreed upon in writing before proceeding.

2.2. Estimates do not include costs for additional services, incidental materials, or client-requested changes after the estimate is signed, unless otherwise specified.

2.3. Estimates are not fixed-price contracts unless explicitly stated. FIXIT reserves the right to correct errors or omissions in any estimate at any time.

3. Project Deposits and Payment Terms

3.1. A deposit is required to secure the project start date and cover preliminary costs. The deposit amount will be specified in the estimate and is due before the project begins.

3.2. Final payment is due upon completion of the project. We accept payments through various channels, including Zelle and direct bank transfer, as outlined in the estimate. Submission of final payment without written objection shall constitute acceptance of the completed project, as outlined in Section 15.1.

3.3. Any invoice not paid within ten (10) business days of issuance shall be subject to a late fee of 1.5% per month (18% annually), or the maximum allowed by Texas law. Partial payment constitutes acknowledgment that work was completed to date.

4. Cancellation and Rescheduling Policy

4.1. Cancellation by Client: If the client cancels the project less than three (3) business days before the scheduled start date, FIXIT reserves the right to retain the full deposit amount. Cancellations outside this window may qualify for a partial refund, issued within thirty (30) days of cancellation, less the cost of any non-returnable materials as outlined in Section 5.

4.2. Rescheduling: A written request to reschedule must be provided at least three (3) business days before the project start date. We will hold your deposit for up to thirty (30) days to apply to the rescheduled project. If you do not reschedule within thirty (30) days, the deposit is forfeited.

5. Material Handling and Non-Returnable Items

5.1. Some materials may be classified as non-returnable due to customization, alteration, or special ordering. These include, but are not limited to:

• Custom cabinetry, specialized fixtures, and custom-sized doors or windows.
• Cut or modified materials such as wood, tile, or fabric.
• Opened paint cans, coatings, or other non-resalable materials.
• Plumbing and electrical specialty items, hazardous materials, or time-sensitive products.

5.2. Any non-returnable items purchased specifically for the project will be billed to the client and will not be deducted from the deposit in the event of a cancellation. These items will be delivered to your address within thirty (30) days of cancellation. FIXIT will not store or reuse customer-specific materials.

6. Customer-Supplied Materials

6.1. FIXIT strongly advises against clients supplying their own materials. While we will make reasonable efforts to accommodate them, such materials must meet our quality standards, be suitable for the scope of work, and be delivered in full before the scheduled start date.

6.2. Clients are solely responsible for selecting, purchasing, and ensuring the timely delivery of all customer-supplied materials. FIXIT is not responsible for damages, quantity errors, compatibility issues, incorrect items, or material deficiencies.

6.3. Any delay in commencement or interruption of work due to unavailable, unsuitable, or insufficient materials—including but not limited to wrong items, poor quality, damaged goods, or incorrect quantities—will incur a service delay fee of $175.00 per hour for idle time, rescheduling, or labor downtime.

6.4. If such delays extend beyond one (1) business day, additional compensation may be charged to the client for lost business revenue and worker compensation, as permitted under applicable law.

6.5. FIXIT reserves the right to refuse use of any client-supplied materials deemed unsafe, unsuitable, or likely to compromise project quality or safety.

6.6. Projects involving client-supplied materials are not covered under our workmanship warranty for any aspect of work affected by or involving those materials. Clients may not backcharge or deduct invoice amounts due to failure or issues with those materials.

7. Hourly Rate and Material Charges Upon Cancellation

7.1. A flat rate of $275.00 per hour worked will be billed for labor performed up to the time of cancellation. Materials purchased will be billed separately.

7.2. Charges will be capped at the remaining project balance. Any additional materials purchased under approved change orders will be invoiced separately.

7.3. Labor tracking is documented via internal logs, timesheets, or other written records.

8. Termination by FIXIT Tradesman LLC

8.1. FIXIT reserves the right to terminate a project for the following reasons:

• 8.1.1. Payment Issues: Non-payment or consistent late payment.
• 8.1.2. Hostile or Unsafe Work Environment: Including disruptive or threatening behavior, failure to follow safety protocols, or persistent interference.
• 8.1.3. Restricted Access: Refusal or inability to provide access to work areas.
• 8.1.4. Client Delays: Failure to make timely decisions or provide essential approvals or materials.
• 8.1.5. Lack of Communication: Failure to respond to important project communications.

8.2. Additional grounds for termination may be determined at our discretion. In such cases, the client remains liable for all time, materials, and restocking fees incurred up to termination. FIXIT retains the right to pursue legal remedies for unpaid balances.

9. Communication and Formal Notification

9.1. All significant communications, including notices of cancellation or termination, will be provided in writing via email. Confirmed text messages from FIXIT’s primary business number may also serve as written communication.

10. Final Payment Due Following Cancellation or Termination

10.1. Following cancellation or termination, clients have ten (10) business days to pay all outstanding balances. Failure to pay may result in legal action, including filing a mechanic’s lien without further notice.

11. Warranties and Liability

11.1. FIXIT warrants workmanship for one (1) year from project completion against defects arising from failure to perform work to industry standards. The warranty does not cover subjective dissatisfaction (e.g., color, texture, or design), nor damage from wear, abuse, neglect, external conditions, or requested deviations.

11.1.1. Warranty claims must be submitted in writing to help@fixittradesman.com and include a description of the issue, photos, project address, and invoice number. Unauthorized repairs or changes may void warranty coverage.

11.2. FIXIT is not liable for incidental or consequential damages, including those affecting areas unrelated to the project or involving client-supplied materials. Clients should ensure adequate insurance coverage during renovations.

11.3. Except for eligible warranty claims, FIXIT is not liable for project issues discovered after acceptance and final payment. Clients are encouraged to inspect the work before making final payment.

12. Dispute Resolution

12.1. Disputes will first be addressed through good faith negotiation. Unresolved matters will be submitted to binding arbitration under the Commercial Arbitration Rules of the AAA in the State of Texas. Each party shall bear its own legal fees, and arbitration costs will be split. FIXIT retains the right to pursue small claims actions under $20,000 without arbitration.

13. Governing Law

13.1. These Terms are governed by the laws of the State of Texas. Legal actions must be filed exclusively in Texas courts.

14. Acceptance of Terms

14.1. By accepting an estimate, submitting a deposit, or authorizing work, the client agrees to these Terms in full. Acknowledgment may include clicking “I accept,” responding affirmatively by email, or initiating payment. This agreement is binding under the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code § 322.001).

15. Project Completion and Customer Acceptance

15.1. Upon substantial completion, FIXIT will notify the client. If no written objection is raised within three (3) business days and final payment is submitted, the project is deemed accepted “as is.” This does not waive valid workmanship warranty claims (see Section 11), which must be based on verifiable construction defects.

16. Mechanics’ Lien Rights

16.1. FIXIT retains the right to file a mechanic’s lien for unpaid work. Nothing in these Terms waives our lien rights under Chapter 53 of the Texas Property Code.

17. Media Release and Marketing Use

17.1. By entering into this agreement, the client grants FIXIT Tradesman LLC the irrevocable right to photograph, record, and document the project, including audio, video, and still images, for use in marketing, advertising, social media, portfolio materials, and related promotional purposes.

17.2. This media may include portions of the client’s property, home, belongings, and, where applicable, individuals present on-site. FIXIT will take reasonable care to avoid disclosing sensitive personal information, security systems, or identifying addresses unless otherwise approved.

17.3. Clients who do not wish for their project, home, or likeness to be featured in marketing materials must submit a written request to opt out before the project begins. If no written objection is received, this clause shall be deemed accepted.