Terms of Service

1. SMS & A2P Text Messaging Terms

This section governs all SMS (text message) communications between Gutters And More and the Customer and complies with CTIA Messaging Guidelines, The Campaign Registry (TCR) requirements, and applicable wireless carrier regulations.

2. Payment Terms & Sales Final Policy

2.1 Payment Due

Payment is due in full upon completion of services unless a separate written payment agreement has been executed in advance. Gutters And More accepts cash, check, and major credit/debit cards. Returned checks are subject to a $45 returned check fee plus any applicable bank charges.

2.2 Deposits

For larger projects, Gutters And More may require a deposit of up to 50% of the total estimated project cost prior to scheduling. Deposits are non-refundable once materials have been ordered or fabricated for the Customer's specific project.

2.3 Late Payments

Invoices not paid within 14 days of service completion are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance. Customer agrees to pay all reasonable costs of collection, including attorney fees, in the event Gutters And More must pursue legal action to collect unpaid balances.

2.4 Price Changes

Written estimates are valid for 30 days from the date of issue. Estimates may change if site conditions differ materially from what was visible or disclosed at the time of the estimate, additional materials are required, or Customer requests changes to the agreed scope of work.

3. Refund & Cancellation Policy

3.1 Cancellation by Customer

Customers may cancel a scheduled appointment at no charge with at least 24 hours advance notice prior to the scheduled service time. Cancellations made with less than 24 hours notice, or failure to provide access to the property at the scheduled time without prior notice, may result in a cancellation fee of up to $75 to cover crew dispatch costs.

3.2 Cancellation by Gutters And More

Gutters And More reserves the right to reschedule appointments due to weather, equipment issues, or crew availability. In such cases, no cancellation fee will be charged to the Customer and a new appointment will be offered at the Customer's earliest convenience.

3.3 Refunds for Incomplete Work

If Gutters And More is unable to complete the agreed scope of work due to our own error or inability, the Customer will receive a refund or credit only for the specific portion of work not completed. Partial completion of a project does not entitle the Customer to a full refund of amounts paid for completed portions of the work.

3.4 No Refunds Based on Subjective Preference

Gutters And More does not issue refunds based on the Customer's subjective change of preference after work is completed, disagreement with industry-standard installation practices, or comparison to other contractors' quotes received after service completion. Work performed in accordance with industry standards and the agreed scope of work is considered satisfactorily completed.

4. Service Completion & Third-Party Damage

4.1 Definition of Service Completion

A service is considered "completed" when Gutters And More has performed all work described in the agreed scope of work and the Customer or an authorized representative has been notified that work is finished. Customer presence at the time of completion is not required unless specifically agreed upon in advance.

4.2 Third-Party Damage After Completion

Gutters And More bears no responsibility for damage to installed gutters, gutter guards, downspouts, or related work caused by:

• Actions, negligence, or work performed by any third-party contractor, handyman, roofer, painter, or service provider after Gutters And More's service completion
• Damage caused by tenants, residents, guests, or any individual not employed by Gutters And More
• Ladder contact, power washing, or physical impact to installed components by any party other than Gutters And More
• Tree limbs, falling debris, or impact from objects outside Gutters And More's control
• Acts of vandalism or intentional damage
• Weather events including but not limited to high winds, ice storms, hail, flooding, or hurricanes
• Normal wear and deterioration over time

Any claim of defective workmanship must be reported to Gutters And More within 14 days of service completion. Claims reported after 14 days will be assessed at Gutters And More's sole discretion and may be subject to additional service charges.

5. Scope of Work & Estimates

All work performed by Gutters And More is limited to the scope described in the written or verbal estimate provided to the Customer. Any work beyond the agreed scope requires Customer authorization before it will be performed. Gutters And More is not responsible for issues discovered or arising from areas of the property outside the agreed work scope.

Estimates are based on information available at the time of assessment. If hidden conditions are discovered during the course of work — including but not limited to rotted wood, structural damage, improper prior installation, or pest infestation — Gutters And More will notify the Customer and provide a revised estimate before proceeding. Additional costs resulting from undisclosed or hidden conditions are the Customer's responsibility.

6. Property Access & Customer Responsibilities

Customer agrees to provide Gutters And More and its employees with safe, unobstructed access to all areas of the property necessary to perform the agreed services, including roofline areas, gutters, downspouts, and exterior walls.

Customer is responsible for:

• Removing or securing pets, vehicles, and personal property from work areas prior to scheduled service
• Disclosing any known hazards on the property including underground utilities, buried systems, or structural concerns
• Ensuring that any required HOA, landlord, or municipal permits or approvals are obtained prior to service
• Notifying Gutters And More of any fragile landscaping, specialty surfaces, or items near the work area that require special care

Gutters And More is not responsible for damage to items not disclosed by the Customer or not reasonably visible during normal service operations.

7. Pre-Existing Conditions

Gutters And More is not responsible for pre-existing damage, defects, or deterioration discovered during or after service. This includes but is not limited to: rotted fascia boards, damaged roof decking, improper prior gutter installation, structural deficiencies, mold, pest damage, or pre-existing water intrusion.

Where pre-existing conditions are discovered that may affect the performance or integrity of the work, Gutters And More will inform the Customer. If the Customer elects to proceed with installation over or around pre-existing damage, Gutters And More bears no liability for resulting performance issues, and the Customer waives the right to hold Gutters And More responsible for outcomes related to those conditions.

8. Limitation of Liability

8.1 No Consequential Damages

In no event shall Gutters And More be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of use of property, loss of income or revenue, cost of substitute services, cost of repairs performed by third parties, or any other consequential losses, even if Gutters And More has been advised of the possibility of such damages.

8.2 No Liability for Acts Beyond Our Control

Gutters And More shall not be liable for any failure, damage, or delay resulting from events beyond our reasonable control, including weather, natural disasters, third-party actions, or circumstances not caused by Gutters And More's own negligence.

9. Indemnification

Customer agrees to indemnify, defend, and hold harmless Gutters And More, its owners, employees, subcontractors, and agents from and against any and all claims, demands, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• The Customer's failure to disclose known hazards, pre-existing conditions, or access restrictions
• Damage caused to Gutters And More's completed work by the Customer, tenants, guests, or third-party contractors
• The Customer's breach of these Terms of Service
• Any misrepresentation made by the Customer in connection with the services
• Claims brought by third parties arising from conditions on the Customer's property that were not caused by Gutters And More

10. Warranty Disclaimer

Gutters And More warrants that all labor and workmanship will be free from material defects for a period of 1 year from the date of service completion, subject to the following conditions:

• The warranty covers defects in workmanship only — not materials, manufacturer defects, or damage caused by third parties
• The warranty is void if the installed work is altered, repaired, or modified by anyone other than Gutters And More
• The warranty is void if damage results from events described in Section 4.2 of these Terms
• Warranty claims must be submitted in writing within the warranty period

All other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed to the fullest extent permitted by Virginia law.

Manufacturer warranties on gutter materials and gutter guard products are separate from Gutters And More's labor warranty and are governed by the respective manufacturer's terms.

11. Dispute Resolution & Arbitration

11.1 Required Notice Period

Before filing any lawsuit, arbitration claim, complaint with any government agency or consumer protection body, or initiating a credit card chargeback, Customer must provide Gutters And More with written notice of the dispute at (434) 401-5999 or [email protected]. Gutters And More shall have 10 business days to respond and attempt to resolve the issue.

11.2 Binding Arbitration

If the dispute is not resolved within the 10-business-day notice period, both parties agree that any remaining dispute shall be resolved through binding arbitration administered by a mutually agreed neutral arbitrator in Lynchburg, Virginia, in accordance with the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Waiver of Class Action

Customer waives any right to participate in a class action lawsuit or class-wide arbitration against Gutters And More. All disputes must be brought in the Customer's individual capacity only.

11.4 Chargeback Policy

Initiating a credit card chargeback for completed services without first following the dispute resolution process in Section 11.1 constitutes a breach of these Terms. Gutters And More reserves the right to dispute all chargebacks for completed services, provide documentation of service completion, and pursue collection of disputed amounts plus costs.

12. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration under Section 11 shall be brought exclusively in the state or federal courts located in Lynchburg, Virginia, and both parties consent to the personal jurisdiction of such courts.

13. Force Majeure

Gutters And More shall not be held liable or in breach of these Terms for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to: acts of God, severe weather, natural disasters, fire, flood, pandemic, government restrictions, labor shortages, material supply chain disruptions, or any other event beyond Gutters And More's reasonable control. In such cases, Gutters And More will notify the Customer and reschedule as soon as reasonably practicable.

14. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible. The remaining provisions of these Terms shall continue in full force and effect.

15. Entire Agreement

These Terms of Service, together with any written estimate or service agreement provided to the Customer, constitute the entire agreement between the Customer and Gutters And More with respect to the services and supersede all prior agreements, representations, warranties, or understandings of any kind, whether written or verbal.

Gutters And More reserves the right to update these Terms of Service at any time. Updates will be posted on our website with a revised effective date. Continued use of our services after updates constitutes acceptance of the revised Terms.