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TERMS OF SERVICE
PLEASE READ THE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE HIRING US AND SIGNING THE WORK ODER CONTRACT. THIS IS A CONTRACT, BY HIRING US AND USING OUR SERVICE YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use our service.
Our mission is to salvage your kitchen, furniture and make the refinishing process convenient for you. All the decisions we make are based on this mission.
Welcome to PAINT FINISHER was also known as Spraybox inc and JK Perfection. The following service agreement (“Terms Of Service”) contains the terms and conditions that govern the use of our Services (as defined below). This Service Agreement describes your rights and responsibilities, as well as what you can expect from our Services.
You are required to affirmatively assent to its terms, and you may also be notified by email.
1. OUR SERVICES
1.1. We provide a number of in-home and off-site based services.
1.2. Service termination requires a minimum of 5 business day lead time.
1.3. Once we deliver our promise to you, you agree to pay, the full quoted amount by cash, check or other payment methods. You understand and agree that your payments made towards our service are none refundable and will not be prorated.
1.4. If you request additional work outside the original scope of work, we reserve the right to charge for extra work.
1.5. You agree to declutter the area where the PAINT FINISHER team will perform the work.
1.6. You agree to remove grease from your kitchen floor so our tape can adhere to the floor.
1.7. You are welcome to take the responsibility of moving your heavy stove and fridge for us. When we have to move your appliances or furniture for access, you agree that we are not responsible for any scratches made to your floors. We ask that you install coasters for protection.
1.8. One Paint Finisher representative/worker/subcontractor at a time has the right to stand on your kitchen countertop in order to access the upper cabinetry. The person will not exceed the weight of 250lb or 113.4kgl. And will not deliberately attempt to damage the countertop.
1.9. We mask out your kitchen prior to spray painting and when we remove the tape on your walls you acknowledge that it may tear off wall paint. Paint Finisher will touch-up these areas only when you provide the touch-up paint.
2.0. Paint Finisher will fix damages to kitchen doors and to the carcass or any woodwork only when they are pointed out by the customer and noted in the WORK ORDER CONTRACT.
2.1. You acknowledge that we will not hide or skim natural woodgrain and binding joints. Cracks on woodwork must be noted before the commencement of work or they may not be repaired.
6.1. We ask that you respect us, as we respect you. Your conduct when using the Website and our Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to:
6.1.1. Disparage our services of any company or individual.
6.1.2. Impersonate or represent us, our staff, or other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language; or solicit/post sexually explicit images.
6.1.5. Harass, threaten, or embarrass anyone.
6.1.6. Post anything that you do not have the legal right to post.
6.1.7. Violate any law, or make any untrue or misleading statement.
7.1. Your Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant us an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. You agree that We will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on “moral rights” or the likes arising from our use of a Submission.
7.2. Submissions by Others. We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website and/or our Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will We be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or our Services by third parties.
8.1. Our 5-year warranty is valid upon full payment plus HST to Paint Finisher for work done in the paint-booth and or lacquer products sprayed in-home. Warranty does NOT cover any sort of physical damage, water damage, and chemical damage. Do not use a glass cleaning product to clean your cabinets as it will eat at the paint finish. Other Household cleaning chemicals may cause failure to lacquer products and void warranty. We recommend you use water lightly and gentle soaps for cleaning cabinetry and furniture superficially. AVOID WATER DAMAGE BY KEEPING YOUR CABINETS AND FURNITURE DRY.
8.2. Extreme heat and or cold may void warranty.
8.3 Interior/Exterior painting (none cabinet lacquer finishing) and or any other service provided by Paint Finisher is not subject to this 5-year warranty.
10.1. You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and investors harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Agreement through any act or omission. If you have to indemnify us under this section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
11. BREACH OF CONTRACT TERMINATION
11.1. Termination. You agree that, if you breach this agreement, we may suspend or terminate our Services, including without limitation, if We believe, in our sole and absolute discretion, that you have breached a term of this Agreement. You acknowledge and agree that all suspensions and terminations shall be made in our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination.
12.1. All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to us, you must use the following email address: email@example.com. If Paint Finisher provides notice to you, We will use the contact information provided by you to us. All notices will be deemed received as follows: (i) if by delivery by mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
Payments are due upon submission of the invoice. Once work is complete, final payment is due within 48 hours of completion of services as per work order contract identifies, failure to pay obligates you to pay any and all court fees and interest.
16. MEDIA INTERVIEWS
16.1 Affiliates are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize PAINT FINISHER, SPRAYBOX INC. or JK PERFECTION its products, services or their individual Paint Finisher business, except with the express, written approval of Paint Finisher All media contacts and inquiries must be coordinated through the approval and representation of an official Paint Finisher Company Spokesperson.
17. RELEASE FOR USE OF PHOTO, AUDIO, OR VIDEO IMAGE, AND/OR TESTIMONIAL ENDORSEMENT
17.1. As a PAINT FINISHER CLIENT, you grant to Paint Finisher, its successors, assignees, employees and agents, the absolute and irrevocable right and permission, to reproduce and use, broadcast, publish, or republish any photos, audios, videos, or endorsements made by it of you or given by you, in all or in part, individually or in conjunction with any other photograph, audio or video, or any other endorsement, in any current or future medium and for marketing, advertising, promotion, and/or publicity purposes. In addition, you grant Spraybox the right to apply for copyright protection for such photograph, audio works and/or video works, in the name of PAINT FINISHER.
17.2. In addition, to the extent you own any right, title, or interest, including any copyrights, in any photograph, audiovisual works, any endorsement, or other original works of authorship in connection with Paint Finisher, services, or business, you shall promptly assign any and all such rights, title, and interest to Paint Finisher and assist Paint Finisher to obtain copyright protection or other forms of protection for such assigned rights. You agree that any use by Paint Finisher as set forth in this section shall be royalty-free and not subject to any other claim.
17.3. You confirm that the information you give us, a testimonial endorsement, or as represented in a photograph, video, or audio is true and accurate to the best of your knowledge. You waive any right you may have to inspect, approve, or revoke the finished or unfinished product(s), the advertising copy, printed, recorded, photographic or video matter that may be used in connection with it or any use that may be made of it.
17.4 You agree to release and discharge Paint Finisher its successors, assignees, employees, and agents, from any and all liability, claims and/or demands arising out of or in connection with the creation and the use of any photograph, video, audio or endorsement, including any claim for slander or defamation.
17.5 All testimonials and images associated with such testimonials are the property of Paint Finisher/Spraybox inc./JK Perfection and the individual who gave the testimonial. If an Independent Associate wishes to use a testimonial in an approved website or marketing material they must receive prior written permission from Paint Finisher and the testimonial giver.
17.6 Testimonials include all testimonials distributed by Paint Finisher on any Paint Finisher or Spraybox and JK Perfection website or Paint Finisher. marketing materials.
18.1. This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Ontario Canada without reference to conflict of law principles. This Agreement will not be assignable or transferable by you without our prior written consent. This Agreement (including all of the policies and other Agreements described in this Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved. You and We are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. The invalidity or unforceeability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.
If you have questions or concerns regarding this Agreement, you should contact us by e-mail and writing "Agreement" in the subject line.
This SERVICE AGREEMENT was last updated on March 3, 2019.