TERMS AND CONDITIONS

Terms and Conditions

These Terms and Conditions ("Terms") govern the services provided by DJ Construction Services of New York, LLC ("Company"), located at 4332 40th Street, Sunnyside, NY 11104, with a contact phone number of 718-709-8905. By engaging our services, the client ("Client") agrees to these Terms.

1. Introduction

These Terms and Conditions ("Terms") govern the services provided by DJ Construction Services of New York, LLC ("Company"), located at 4332 40th Street, Sunnyside, NY 11104, with a contact phone number of 718-709-8905. By engaging our services, the client ("Client") agrees to these Terms.

2. Consultation Fee

2.1 Fee Amount

The Company charges a consultation fee of $150 for the initial project consultation. This fee covers the assessment of project requirements and the provision of a detailed estimate.

2.2 Fee Waiver

The consultation fee of $150 will be waived if the Client accepts the provided quote and pays the required deposit within the timeframe specified in the estimate.

2.3 Non-Acceptance

If the Client does not accept the provided quote, the consultation fee of $150 becomes due and payable. The fee must be paid within 48 hours from the time the Client formally denies the quote.

2.4 Accepted Payment Methods

The consultation fee can be paid using the following methods:

- Credit Card

- Check

- ACH (Automated Clearing House)

- Zelle

- Cash App

2.5 Payment Terms

Detailed payment instructions will be provided upon the Client's denial of the quote. It is the Client's responsibility to ensure timely payment within the 48-hour window.

2.6 Non-Payment

Failure to pay the consultation fee within the specified 48-hour timeframe may result in additional charges and/or legal action to recover the outstanding amount.

3. Estimates

3.1 Validity

All estimates provided by the Company are valid for a period of 30 days from the date of issuance unless otherwise stated.

3.2 Scope

The estimate will detail the scope of work, materials to be used, and the total cost of the project. Any changes or additions to the scope of work may result in additional charges.

3.3 Acceptance

To accept an estimate, the Client must provide written confirmation and pay the required deposit as specified in the estimate.

4. Contracts

4.1 Formation

A contract is formed between the Company and the Client upon the Client's acceptance of the estimate and payment of the required deposit. The contract will outline the terms of the project, including the scope of work, payment schedule, and timeline.

4.2 Payment Schedule

The payment schedule will be outlined in the contract and must be adhered to by the Client. Failure to make payments on time may result in project delays and/or additional charges.

4.3 Changes to Scope

Any changes to the scope of work must be agreed upon in writing by both the Company and the Client. Changes may result in additional charges and an adjustment to the project timeline.

4.4 Termination

Either party may terminate the contract by providing written notice within 3 Business Days from the date contract/estimate is signed, If canceled after 3 business days there will be a cancellation fee of 15%. In the event of termination, the Client is responsible for paying for all work completed up to the termination date, as well as any non-refundable costs incurred by the Company.

5. Payment

5.1 Deposit

A 40 - 60% deposit is required to commence work. Progress payments will be made as the project is being completed.

5.2 Documentation

The Contractor will provide all documentation necessary to establish clearly that the Contractor is entitled to payment of all amounts applied for, including a list of all suppliers to be paid, the amount to be paid to each, and a signed and unconditional waiver of the Contractor’s mechanic’s lien rights for all labor and material provided through the current application/invoice.

6. Execution of the Work

The Contractor shall furnish all labor, material, services, tools, equipment, and fixtures necessary to perform and complete the work described in the Agreement in a good and workmanlike manner. All work shall be done in accordance with all applicable laws, ordinances, building codes, rules, and regulations, including but not limited to the Americans with Disabilities Act, environmental regulations, and the Occupational Safety and Health Act of 1970, as amended. The Contractor shall have control over, and be solely responsible for, all means, methods, and sequences for performing the work.

7. Warranties

The Contractor warrants to the Owner that all labor, materials, and equipment furnished under the Agreement are of the type and quality required by the Agreement Documents, new (unless otherwise required or permitted by the Agreement Documents), and installed in a good and workmanlike manner and otherwise in accordance with the Agreement Documents. The Contractor further warrants that:

- It shall use sound construction principles and practices in the performance of the work;

- It shall apply a high degree of skill, care, judgment, and supervision to assure that the work is performed properly and in accordance with the Agreement Documents;

- The work will be free from defects not inherent in the quality required or permitted.

## 8. Safety

The Contractor is entirely responsible for safety at the site until it is turned over to the Owner. The Contractor shall comply with the Owner’s Safety Guidelines for Contractors and all laws of any governmental authorities for the safety of persons or property. Hazardous materials may not be used without prior notice to and coordination with the Owner. The Contractor shall be responsible for any hazardous materials brought to the site by the Contractor, subcontractors, suppliers, or anyone else for whom the Contractor is responsible. The Contractor shall dispose of all hazardous materials in accordance with all applicable laws and the Owner’s Safety Guidelines for Contractors relating to the disposal of hazardous materials. Notwithstanding anything herein to the contrary, asbestos, asbestos-containing products, or polychlorinated biphenyl (PCB) shall not be allowed on the site nor be used in the work.

## 9. Change Orders/Additional Work

Once this form is signed by both parties, written Change Orders signed by both parties or approved via email are required for any changes or additional work. The Change Order shall state:

- Whether the change will increase or decrease the original contract amount;

- The cost of the additional work;

- The new total amount of the contract;

- When payment is due.

The Contractor shall provide the Client with a copy of the signed Change Order form before starting the additional or changed work. Except for those items specifically described in the Change Order, all other contract terms shall remain unchanged.

10. Completion

The work shall be deemed complete after it complies in all respects with the Agreement Documents, the Contractor has completed all punch-list items, properly cleaned up the worksite, provided the Owner with all required warranties, waivers, and record documents, and otherwise has completed all acts necessary to allow the Owner to obtain occupancy or use permits as a result of the work.

10.1 Completion Date

The Contractor agrees to complete the project within the agreed upon date from the start date, excluding weekends, federal holidays, and bad weather, unforseen things may cause delays in completion date and change the completion date..

10.2 Required Permits

The Contractor agrees to obtain all permits required by New York City law. If home improvements involve plumbing, electrical work, pointing, or home extensions, the Contractor may need a permit from the New York City Department of Buildings (DOB). If the Contractor does not have the required DOB permit, the Client may be issued a violation and required to pay a fine. Information can be found at [NYC Department of Buildings](https://www1.nyc.gov/site/buildings/homeowner/when-hiring.page). The Contractor agrees to give the Client a copy of a “Certificate of Workers’ Compensation Insurance” before beginning the contracted work. The Certificate of Workers’ Compensation Insurance must come from a private insurance carrier or from the New York State Insurance Fund Office. The Certificate must name the NYC Department of Consumer and Worker Protection (DCWP) as the certificate holder. If the Contractor got an exemption from the requirement for workers’ compensation insurance when applying for the Home Improvement Contractor (HIC) license from DCWP, the Contractor must give the Client a copy of the Certificate of Attestation of Exemption from the New York State Workers’ Compensation Board. Information on exemptions from holding workers’ compensation insurance can be found at [NYS Workers' Compensation Board](http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview.jsp).

## 11. SMS/MMS Policy

### 11.1 Consent

By clicking "Submit," the Client agrees to receive recurring informational SMS, MMS, or Email messages from DJ Construction Services of New York, LLC. The Client's click serves as their electronic signature, authorizing the Company to send text messages to their mobile phone or landline. The Client understands that consenting to receive SMS messages is not a condition of purchase or service. This is a standard rate subscription service available on most carriers. Msg & Data Rates May Apply. The Client can also request additional information by texting HELP or sending an email to admin@djconstructionservicenewyork.com. Service will continue until the customer cancels. Messaging frequency will vary. Subscription may be canceled by texting STOP, END, QUIT, CANCEL, or UNSUBSCRIBE.

11.2 Message Frequency

The frequency of SMS/MMS messages will vary based on the nature of your interaction with us and the requirements of the project. You may receive updates, reminders, and other relevant information as necessary.

11.3 Cost

This is a standard rate subscription service available on most carriers. Message and data rates may apply. Charges for text messages will be billed by and payable to your mobile service provider. Please check your mobile plan for details.

11.4 Opt-Out

You may opt-out of receiving SMS and MMS messages at any time by texting STOP, END, QUIT, CANCEL, or UNSUBSCRIBE to any message you receive from us. Upon receipt of your opt-out request, we will send you a confirmation message and will stop sending you SMS/MMS messages.

11.5 Help

For additional information, you can text HELP to any message you receive from us or send an email to admin@djconstructionservicenewyork.com. We will respond with instructions on how to use our service and how to unsubscribe.

11.6 Supported Carriers

Our SMS/MMS service is available on most major carriers including, but not limited to, AT&T, Verizon, T-Mobile, and Sprint. Please note that our service may not be compatible with all mobile devices or carriers.

11.7 Privacy

We are committed to protecting your privacy. We will not share or sell your mobile number or personal information to third parties. For more information on how we protect your privacy, please see our Privacy Policy https://djconstructionservicenewyork.com/djs-privacy-policy

9. Changes to Policy

We reserve the right to change this Policy at any time. If we make changes, we will notify you by updating the Policy on our website and/or by sending you an SMS/MMS message. Your continued use of our SMS/MMS service after such changes will be deemed acceptance of the changes.

12. Acceptance of Contract

If the Client is satisfied with the conditions and prices specified in this form and in any referenced attachments, the Client may sign this form to accept all the terms specified. Once this form is signed:

- The Contractor will provide the Client with a copy of this signed contract.

- The Contractor is authorized to do the work as specified.

- The Client will make payments to the Contractor as outlined in the "Payment Schedule."

- The Contractor will provide the Client with a copy of

12.1 the bill of rights.

- If a contract is negotiated in any language other than English, the Contractor must provide the Client with a copy of both the contract and the three-day Notice of Cancellation Form in English, as well as in any other language used in the negotiation.

## 13. Additional Provisions, Conditions, and Details

The Contractor or subcontractor who performs work under this contract and is not paid may have a claim against the Client, which may be enforced against the property in accordance with the applicable lien laws. In accordance with subdivision 4 Section 71-a of the Lien Law, the Contractor is legally required to deposit all payments received prior to substantial completion of work. In lieu of such deposit, the Home Improvement Contractor may post a bond or contract of indemnity with the Client guaranteeing the return of the payments or application of the payments to the purpose of the contract. Any contractor, subcontractor, or supplier of materials who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as a mechanic’s lien. Any mechanic’s lien filed against your property may be discharged. If you paid the amounts due under the contract before the lien is filed, the lien can be invalidated by a court. The owner may contact an attorney to determine his rights to discharge a mechanic’s lien. The Client may file a complaint regarding the Contractor’s performance or the job by calling 311 or going online to [NYC Department of Consumer and Worker Protection](https://www.nyc.gov/dcwp).

## 14. Cleanup

The Contractor agrees to clean up after the home improvement work is done there is a disposal fee will be charged to the customer.

## 15. Right to Cancel

You, the Client, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached Notice of Cancellation Form for an explanation of this right.

Additional Terms:

1. Promotions: At DJ Construction Services of New York, LLC, we are committed to providing our clients with exceptional value through our promotional offers. Please note the following terms and conditions regarding our promotions:
2. Labor-Only Promotions: All promotional offers provided by DJ Construction Services of New York, LLC, are exclusively applicable to labor costs unless explicitly stated otherwise. This means that discounts, special rates, or any other promotional benefits apply only to the labor component of our services.
3. **Material Costs:** Unless specified in the promotional details, the cost of materials, equipment, permits, and any third-party services are not included in the promotion and will be billed at standard rates.
4. ****Specific Promotions****: If a promotion includes materials or any additional services, this will be clearly indicated in the advertisement or on our official website. Please refer to the specific promotion details to understand the full scope of the offer.
5. **Promotion Validity:** All promotions are subject to availability and may be modified or withdrawn at any time without prior notice. The terms of each promotion will be honored as outlined in the promotional materials at the time of your agreement.
6. **Combining Offers:** Promotions cannot be combined with any other offers, discounts, or contracts unless explicitly stated. Only one promotion may be applied per project.
7. **Eligibility:** Promotional offers are available only for new contracts signed within the promotion's specified timeframe. Previous contracts or ongoing projects are not eligible for promotional discounts.
8. **Terms of Use:** By participating in any of our promotional offers, you agree to these terms and conditions. DJ Construction Services of New York, LLC reserves the right to interpret and enforce these terms at its discretion.
9. Financing:

DJ Construction Services of New York, LLC is committed to providing our clients with convenient and flexible financing options to make home improvement and construction projects more accessible. Our financing program offers affordable rates and payment plans, subject to approval, with no impact on the client's credit score and terms of up to 20 years.

1. Eligibility and Approval

1.1. Eligibility Criteria: Financing is available to qualified clients who meet the specific approval criteria established by our third-party financing partners. Eligibility will be determined based on the client’s financial standing, project scope, and other relevant factors.

1.2. Application Process: To apply for financing, clients must complete the necessary application forms and provide all required information for assessment. Our financing partners will review applications promptly and provide a decision.

1.3. Credit Impact: Initial inquiries and pre-approvals for financing will not impact the client’s credit score. Final approvals may involve a detailed review process, but our partners ensure a minimal effect on your credit profile.

2. Financing Terms and Conditions

2.1. Affordable Rates: Financing rates are competitively priced to offer clients an affordable option for their construction needs. Rates will vary depending on the client’s eligibility, financing term, and market conditions.

2.2. Payment Plans: Flexible payment plans are available with a variety of repayment schedules. Clients can select from monthly, bi-monthly, or quarterly payment options tailored to their financial situation.

2.3. Term Length: Financing terms are available for periods of up to 20 years, allowing clients to spread payments over an extended duration, thus reducing monthly financial burdens.

3. Financing Agreement

3.1. Agreement Terms: Upon approval, clients will be provided with a detailed financing agreement outlining all terms, including interest rates, repayment schedule, and total repayment amounts. It is the client’s responsibility to review the agreement thoroughly before signing.

3.2. Payment Obligations: By accepting financing, clients agree to adhere to the specified payment schedule. All payments must be made on time as per the agreed terms to avoid late fees or penalties.

3.3. Modification of Terms: Any requests to modify the financing terms after agreement execution must be submitted in writing and are subject to approval by DJ Construction Services of New York, LLC and our financing partners.

4. Default and Penalties

4.1. Non-Compliance: Failure to comply with the payment terms may result in penalties, including late fees, increased interest rates, or legal action as allowed by the financing agreement.

4.2. Default: In the event of default, DJ Construction Services of New York, LLC reserves the right to seek full repayment of the outstanding balance and any applicable fees as per the financing agreement terms.

5. Termination of Financing

5.1. Cancellation by Client: Clients may cancel the financing agreement before funds are disbursed without penalty. Once funds are disbursed, cancellation will be subject to the terms outlined in the financing agreement.

5.2. Right to Terminate: DJ Construction Services of New York, LLC reserves the right to terminate financing offers or agreements if clients provide false information, default on payments, or violate any other terms outlined in the financing agreement.

6. Additional Provisions

6.1. Third-Party Involvement: Financing services are provided through third-party lenders. DJ Construction Services of New York, LLC is not a direct lender and is not responsible for the terms set by these third parties.

6.2. Contact Information: For any questions or concerns regarding financing, clients are encouraged to contact DJ Construction Services of New York, LLC for guidance and clarification on financing options available.

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**Contact Information:**

DJ Construction Services of New York, LLC

4332 40th Street

Sunnyside, NY 11104

Phone: 718-709-8905

Email: admin@djconstructionservicenewyork.com

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**Effective Date:** 09/05/2024