Please read these Terms of Service (“Terms”) carefully before using the website jonathandavid.co (“Site”) or engaging Jonathan David Building Company LLC (“we,” “us,” or “our”) for our building, remodeling, custom home, bespoke furniture, or related construction services (together, “Services”).
By accessing or using the Site, or by entering into a contract for our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site or engage our Services.
1. Services
1.1 We provide residential construction, custom homes, remodeling, bespoke furniture, and related services as described on our Site and in any proposal or contract we provide to you.
1.2 Any individual project will be governed by a separate written agreement (proposal/contract) between you (the “Client”) and us which will set forth project scope, deliverables, schedule, fees, payment terms, and other project-specific terms.
2. User Accounts & Use of the Site
2.1 You may browse the Site without registering. If you register or provide contact information, you agree to provide accurate, current, and complete information.
2.2 You agree not to misuse the Site (e.g. by engaging in fraudulent behavior, transmitting malware, trying to gain unauthorized access, etc.).
2.3 We reserve the right to suspend or terminate access to the Site for users who violate these Terms.
3. Fees & Payment
3.1 Project proposals will include costs, payment schedule (e.g. deposit, progress payments, final payment), and any additional costs (materials, subcontractors, permits, etc.).
3.2 Deposit(s) are required before work begins. Deposits are generally non-refundable, except as provided in the project agreement.
3.3 You agree to pay us in accordance with the payment schedule. Late payments may incur interest or additional fees as specified in the project agreement.
3.4 All payments are due in U.S. Dollars, unless otherwise agreed in writing.
4. Client Responsibilities
4.1 You agree to provide timely access to the site/or premises, necessary approvals, information, decisions, and cooperation required for us to perform the Services.
4.2 Delays caused by you or third parties engaged by you may result in changes to schedule and/or additional charges.
4.3 You are responsible for obtaining any necessary permits or approvals, unless otherwise agreed.
5. Changes, Cancellations & Termination
5.1 Any change in scope must be confirmed in writing; additional fees or schedule changes may apply.
5.2 Either party may terminate the project agreement under the conditions set forth in that agreement. Upon termination, you will be responsible for payment for work performed up to the termination date, plus any non-recoverable costs.
5.3 If Services are delayed for reasons beyond our control (weather, supply chain delays, force majeure, etc.), we are not liable for such delays, and we may adjust schedule and/or fees accordingly.
6. Intellectual Property
6.1 Any materials, plans, drawings, renderings, images, designs, or other deliverables provided remain our property unless otherwise agreed in writing.
6.2 Upon full payment, you receive a license to use deliverables for the intended purpose/project; any further or commercial use requires permission & may incur additional licensing fees.
6.3 We may photograph or otherwise capture images of completed work for portfolio, marketing, or promotional use, unless you expressly opt out in writing.
7. Warranties & Disclaimers
7.1 We warrant that our Services will be carried out in a professional and workmanlike manner consistent with industry standards.
7.2 We do not guarantee perfect results (e.g. variations in materials, colors, site conditions). Where warranties are provided for materials, fixtures, or appliances, these are generally from manufacturers, not us.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
8.1 IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS.
8.2 OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO ANY PROJECT OR USE OF THE SITE SHALL NOT EXCEED THE FEES PAID TO US BY YOU FOR THAT PROJECT.
8.3 Some jurisdictions do not allow limitation or exclusion of certain damages; if local law prohibits a limitation, that limitation will apply to the fullest extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold us, our officers, employees, subcontractors, agents, and partners harmless from any claims, damages, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms or from your negligent or wrongful acts.
10. Governing Law & Dispute Resolution
10.1 These Terms, and any contract between you and us, are governed by the laws of the State of Washington (or whichever state your business is located in), without regard to its conflict‐of‐laws provisions. [Adjust state as appropriate].
10.2 Any dispute arising under or related to these Terms or Services shall be resolved first by negotiation in good faith. If unresolved, then by binding arbitration under the rules of the American Arbitration Association or other mutually agreed arbitrator, or in courts located in the county of your business address.
11. Changes to Terms
We may revise or update these Terms from time to time. Updated versions will be posted on the Site with a new “Last Updated” date. Continued use of the Site or engagement of Services after revisions constitutes your acceptance of the new Terms.
12. Miscellaneous
12.1 Entire Agreement: These Terms plus any project agreements constitute the full understanding between you and us regarding the subject matter and supersede all prior proposals, negotiations, or communications, whether written or oral.
12.2 Severability: If any provision of these Terms is invalid or unenforceable under applicable law, that provision will be unenforceable to the minimum extent required, and the remainder of the Terms remains in effect.
12.3 Waiver: No waiver by us of any breach of these Terms is a waiver of any subsequent breach.