1. Agreement to Terms
These Terms and Conditions constitute a legally binding agreement between you and Zenova Homes governing your use of our website, services, and any related transactions. By accessing our website, requesting a quote, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.
2. Services Description
Zenova Homes provides premium home renovation, interior design, exterior remodeling, smart home installation, kitchen and bathroom remodeling, flooring, roofing, security system installation, fire safety installation, lawn installation, solar panel installation, gutter installation, home décor, door installation, smart lock and doorbell installation, and home warranty services. The specific scope, timeline, and cost of services will be detailed in a separate project proposal or service agreement ("Project Agreement") for each engagement.
3. Project Proposals and Contracts
Before commencing any work, we will provide you with a detailed written project proposal that includes the scope of work, materials to be used, estimated timeline, payment schedule, and total cost. The proposal becomes a binding Project Agreement upon your written or electronic acceptance and receipt of any required deposit. Any changes to the agreed scope must be documented in a written change order signed by both parties.
4. Pricing and Payments
Late Payments: Late payments shall incur a fee of 1.5% per month on the outstanding balance. We reserve the right to pause or suspend work if payments are more than 15 days overdue, after providing written notice.
Additional Costs: Any additional work requested by the Client that falls outside the original scope will be billed at our standard rates and documented via a change order requiring your approval before the additional work begins.
5. Cancellation and Refund Policy
By Client: You may cancel a project before work commences by providing written notice. If cancellation occurs after materials have been ordered or subcontractors engaged, you will be responsible for all non-refundable costs incurred up to that point. After work has commenced, cancellation fees will be calculated based on the percentage of work completed, materials consumed, and any subcontractor commitments.
By Company: We reserve the right to terminate a Project Agreement if: (a) you fail to make payments as agreed; (b) you breach any material term of these Terms; (c) unforeseen structural, legal, or safety issues make completion impractical; or (d) you fail to provide necessary access to the property for more than 10 consecutive days. In such cases, you will be billed for all work completed and materials used.
6. Client Responsibilities
As the Client, you agree to:
- Provide accurate and complete information about your property, including any known structural issues, hazardous materials (asbestos, lead paint, etc.), or restrictions (HOA rules, permits, etc.)
- Keep pets and children away from the work area during active construction
- Not engage other contractors for work within the project scope without our prior written consent
7. Warranties
Our Workmanship Warranty: We provide a 10-year structural warranty and a 5-year warranty on finishes and fixtures from the date of project completion. This warranty covers defects in workmanship and materials used in our work. It does not cover normal wear and tear, damage caused by misuse, negligence, accidents, natural disasters, or unauthorized modifications.
Manufacturer Warranties: Products and materials installed by us are covered by their respective manufacturer warranties, which are passed directly to you. We will assist you in filing manufacturer warranty claims but are not liable for manufacturer defects.
Warranty Claims: To make a warranty claim, contact us in writing with a description of the issue and supporting photographs. We will inspect the issue within 10 business days and, if the claim is valid, repair or replace the defective work at no cost to you. This warranty is non-transferable unless explicitly stated in the Project Agreement.
8. Limitation of Liability
To the maximum extent permitted by law, Zenova Homes's total liability arising out of or related to these Terms or our services shall not exceed the total amount you paid to us for the specific project giving rise to the claim. We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of use, loss of income, loss of profits, or inconvenience, even if we have been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Zenova Homes, its officers, directors, employees, agents, subcontractors, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your negligence or willful misconduct; (c) any misrepresentation you make regarding your property; or (d) any third-party claims related to your property that are not caused by our workmanship.
10. Insurance
We maintain comprehensive general liability insurance, workers' compensation insurance, and professional liability insurance. Copies of our insurance certificates are available upon request. You are responsible for maintaining adequate homeowner's insurance coverage for your property during the project period.
11. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, wars, terrorism, labor disputes, supply chain disruptions, material shortages, or utility failures. The affected party shall provide prompt notice and make reasonable efforts to mitigate the impact.
12. Intellectual Property
All designs, plans, specifications, drawings, photographs, and other creative materials created by Zenova Homes in connection with a project remain our intellectual property unless explicitly assigned in writing. You are granted a non-exclusive, non-transferable license to use these materials for the specific project for which they were created. You may not reproduce, distribute, or use these materials for any other purpose without our prior written consent.
13. Dispute Resolution
Informal Resolution: In the event of any dispute arising out of or relating to these Terms, the parties shall first attempt to resolve the matter through good-faith negotiation within 30 days.
Mediation: If informal resolution fails, the dispute shall be submitted to non-binding mediation administered by a mutually agreed-upon mediator. The costs of mediation shall be shared equally.
Arbitration: If mediation does not resolve the dispute, it shall be finally resolved by binding arbitration administered under the rules of the American Arbitration Association. The arbitration shall be conducted in New York, NY, and the arbitrator's decision shall be final and binding, with limited rights of appeal.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the original provision.
16. Entire Agreement
These Terms, together with any Project Agreement, change orders, and other written agreements executed by the parties, constitute the entire agreement between you and Zenova Homes with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
17. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
18. Modifications
We reserve the right to modify these Terms at any time by posting the updated version on our website. The updated Terms will be effective immediately upon posting. Your continued use of our website or services after any such changes constitutes your acceptance of the new Terms. We will make reasonable efforts to notify you of material changes.
19. Contact Information
For any questions or concerns about these Terms and Conditions, please contact us at:
Zenova Homes
Email: legal@zenovahomes.net
