Terms Of Use

Last updated 09/14/2022


Agreement to Terms
Fresh New Build, Inc. owns and operates this Website. This document governs your relationship with Fresh New Build, Inc. (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by Fresh New Build, Inc. Fresh New Build, Inc. has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at FN Build Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data you provide is accurate.


Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Fresh New Build, Inc. will report any such breach to the relevant law enforcement authorities and disclose your identity to them.


We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.


Intellectual Property, Software, and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Fresh New Build, Inc. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Fresh New Build, Inc. and its licensors. You may store, print, and display the content supplied solely for personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.


Terms of Services
We are a Class A – RBC contractor. By booking our services, you are offering to contract with us subject to the following terms and conditions.

To contract with us, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. You undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the services. All prices advertised are subject to changes. While we try to ensure that all details, descriptions, and prices on this Website are accurate, errors may occur.


We will carry out home improvement services according to the attached scope of work.


Change Order
Any additional work or modifications listed in the attached scope of work shall require a change order. A change order is a formal document listing the materials and labor required for services not listed in the original home improvement contract and must be signed by both Parties.


Permits and Licenses
We shall obtain all required permits, including local residential construction permits. We will also pay any fees associated with licensing or inspection of completed work.
Should any easements, zoning changes, or modifications to applicable covenants be required to complete the home improvement project, you shall be fully responsible for any costs incurred.


Insurance
You agree to maintain adequate insurance coverage for the property where the home
improvement project is being performed. You agree to provide a copy of the certificate of insurance for the property in question before the project’s commencement. We agree to maintain workers’ compensation and liability insurance and provide a copy of the certificate for that insurance to you before the project’s commencement.

Property Access
You agree to provide our employees and subcontractors with reasonable access to the home improvement project’s property. We agree to make reasonable efforts to prevent disturbance or damage to the property or surrounding areas.


Site Conditions
The home improvement contract is based on observations made during our initial walk-through of the property. While every effort is made to provide complete and accurate pricing up-front, unforeseen conditions could lead to unexpected costs. You agree to be held fully responsible for increased costs due to mold, insects, building code violations, or other discoveries which were not visible in the initial walk-through.
If we discover such conditions during the home improvement project, we shall issue a change order for your approval. No further work will be performed until we agree on a reasonable means of addressing these unforeseen issues.


Inspection
Both parties will make the final inspection upon the home improvement project. At that time, you will have the opportunity to identify any unsatisfactory or incomplete work. We agree to remedy any issues discovered during the final inspection as soon as reasonably possible and to allow you to delay final payment until such problems are fixed and approved by you.


Warranty
We guarantee that all home improvement work shall be carried out professionally with quality workmanship. We shall make every effort to blend all surface colors and textures with existing ones but cannot guarantee exact matches. Material warranties are not offered by the is and are limited to manufacturers’ warranties. We shall guarantee the quality of all labor and installation performed for a period of warranty
months. This warranty covers any fault or failure of installation or construction associated with the home improvement project. The warranty does not cover ordinary wear and tear, abuse, neglect, or acts of God.


Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties regarding its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Fresh New Build, Inc. and its suppliers, content providers, and advertisers at this moment expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the
Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.


Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that you do not own. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.


Disclaimer as to ownership of trademarks, images of personalities, and third-party
copyright
Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services, and/or locations featured on this Website are in no way associated, linked, or affiliated with Fresh New Build, Inc. and you should not rely on the existence of such a connection or affiliation. The respective trademark owners own any trademarks/names featured on this Website. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ______________________.


Indemnity
You agree to indemnify, defend and hold harmless Fresh New Build, Inc., its directors, officers, employees, consultants, agents, and affiliates, from any third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.


Variation
Fresh New Build, Inc. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in a way that closely resembles the original meaning of the clause /sub-clause as permitted by law.


Complaints
We operate a complaints handling procedure that we will use to resolve disputes when they arise; please let us know if you have any complaints or comments.


Waiver
If you breach these conditions and take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.


Governing Law/Jurisdiction
This Agreement shall be governed under the laws in the State of Virginia.


Dispute Resolution
Both parties agree to take reasonable measures to resolve any conflicts or issues before, during, and after the home improvement project. Suppose a satisfactory conclusion to any dispute cannot be reached. In that case, both Parties agree to seek a resolution through a neutral arbitrator and agree that the decision of any such arbitrator shall be considered final and unrepealable.


Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Fresh New Build, Inc. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Fresh New Build, Inc.

CONTACT US
If you have questions or comments about this Terms and Conditions, don’t hesitate to get in touch with us at:


Fresh New Build, Inc.
44679 Endicott Dr, Ste 406
Ashburn, VA. 20147


703.755.5798 
info@freshnewbuild.com