Terms of Service Agreement

1. Services Provided

Midwestern Christmas Lights ("Company", "we", "us", "our") agrees to provide professional permanent outdoor LED lighting installation services ("Services") to the customer ("Client", "you", "your") at the property address specified in the quote ("Property").

Services include:

• Professional design consultation and lighting layout planning
• Installation of commercial-grade LED permanent lighting fixtures
• Mounting of fixtures along rooflines, eaves, or other agreed-upon locations
• Electrical wiring and connection to power source
• Installation of controllers and smart home integration (if applicable)
• System testing and demonstration of operation
• Basic maintenance and troubleshooting for the warranty period

2. Pricing & Payment Terms

The total price for Services is as specified in the formal quote provided to the Client. Pricing is calculated as follows:

• Base Installation Fee: Covers initial consultation, design, and standard installation labor
• Per-Foot Charge: Applied to the total linear footage of lighting installed
• Additional Costs: Any custom requests, additional features, or unforeseen complications may incur additional charges with prior Client approval

Payment Schedule:

• Deposit: 50% of total quote amount is required upon acceptance to secure installation date and order materials
• Final Payment: Remaining 50% balance is due upon completion of installation, before system demonstration
• Payment methods accepted: Credit card, debit card, cash, or check

3. Installation Timeline & Scheduling

• Installation dates are scheduled on a first-come, first-served basis after deposit is received
• Company will provide an estimated installation window at time of booking
• Client will be contacted 24-48 hours before installation to confirm exact arrival time
• Installation typically requires 1-2 days depending on Property size and complexity
• Weather delays: Installations may be rescheduled due to inclement weather (rain, high winds, ice, or extreme temperatures) for crew safety
• Client agrees to provide clear access to installation areas (move vehicles, clear obstacles, secure pets)

4. Property Access & Preparation

• Client must be present at Property during installation or provide written authorization for unattended installation
• Client agrees to disclose any known hazards, structural issues, or access restrictions prior to installation
• Company reserves the right to refuse installation if Property conditions are deemed unsafe
• Client is responsible for obtaining any required HOA approvals or permits before installation

5. Warranty & Guarantee

Labor Warranty (1 Year):

• Covers defects in installation workmanship for 1 year from installation date
• Includes repair or reinstallation of fixtures that become loose, disconnected, or improperly installed
• Does not cover damage caused by storms, accidents, alterations, or normal wear and tear

Materials Warranty (2 Years):

• Manufacturer warranty covers LED fixtures, controllers, and wiring for 2 years from installation date
• Company will facilitate warranty claims and replacement of defective materials
• Does not cover damage from power surges, lightning, acts of God, or misuse

Warranty Exclusions:

• Damage caused by severe weather (hail, hurricanes, tornadoes, lightning strikes)
• Damage from third-party interference (pests, vandalism, accidental impact)
• Modifications or repairs attempted by anyone other than Company
• Normal color fading or degradation over extended use (beyond manufacturer specifications)

6. Maintenance & Service

• Permanent LED lighting is designed for year-round outdoor use with minimal maintenance
• Company recommends annual inspection to ensure all fixtures are secure and functioning
• Service calls outside warranty period will be billed at standard hourly rate
• Company offers optional annual maintenance plans (contact for pricing)

7. Cancellation & Refund Policy

• Before Installation: Client may cancel up to 14 days before scheduled installation date for full refund of deposit
• Within 14 Days: Cancellations made less than 14 days before installation forfeit 50% of deposit
• Day of Installation: Same-day cancellations forfeit full deposit
• Company Cancellation: If Company must cancel due to weather or unforeseen circumstances, Client may reschedule or receive full refund
• Refunds will be processed within 5-7 business days

8. Liability & Insurance

• Company carries general liability insurance and workers' compensation coverage
• Company is not liable for pre-existing Property damage or structural defects discovered during installation
• Client agrees to hold Company harmless for any injuries or damages resulting from Client's failure to disclose hazards or follow safety instructions
• Company's liability is limited to the total amount paid for Services

9. Electrical & Code Compliance

• All installations comply with National Electrical Code (NEC) and local regulations
• Company uses licensed and insured professionals for all electrical work
• Client is responsible for ensuring adequate power source is available at installation location
• Any required electrical upgrades or additional outlets are Client's responsibility and billed separately

10. Smart Home Integration & Controls

• If smart home integration is included, Company will provide basic setup and demonstration
• Client is responsible for maintaining WiFi connectivity and app updates
• Company is not responsible for third-party app functionality or smart home platform changes
• Remote support for control issues is available during business hours

11. Photo & Marketing Authorization

By accepting this agreement, Client grants Company permission to:

• Take photographs of the Property before, during, and after installation
• Use photos for marketing purposes (website, social media, advertising, portfolio)
• Share installation photos with prospective clients

Client may request photo restrictions by notifying Company in writing before installation.

12. Termination

• Either party may terminate this agreement with written notice
• If terminated by Client before installation begins, refund policy in Section 7 applies
• If terminated by Client after installation begins, Client is responsible for payment of all work completed and materials purchased
• Company reserves the right to terminate services if Client fails to make payment or violates terms

13. Dispute Resolution

• Any disputes shall first be addressed through good-faith negotiation between parties
• If resolution cannot be reached, disputes will be handled through binding arbitration in Lawrence, Kansas
• prevailing party in any legal action is entitled to recovery of reasonable attorney fees and court costs

14. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Kansas.

15. Entire Agreement

This Terms of Service Agreement, along with the formal quote, constitutes the entire agreement between parties and supersedes any prior understandings or agreements. Modifications must be made in writing and signed by both parties.