Terms and Conditions

Last updated: June 7, 2025

These Terms and Conditions (“Terms”) govern your use of fenceanddeckdefender.com (the “Site”) and any services provided by Fence and Deck Defender (“Company,” “we,” “our,” or “us”). By accessing the Site or engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms.

1. Services

We provide fence and deck staining, sealing, cleaning, and related maintenance services (the “Services”). Service details, including scope, products used, and timelines, are outlined in written estimates or invoices (“Work Orders”).

2. Estimates, Quotes, and Pricing

Estimates are valid for 30 days unless otherwise stated.
Pricing may change due to unforeseen site conditions, material cost fluctuations, or changes requested by you.
Additional work not listed in the original Work Order requires written approval and may incur additional charges.

3. Scheduling and Site Access

You must provide us with safe, reasonable access to the work area on scheduled dates, including removal of personal property, pets, or obstacles. Failure to grant access may result in rescheduling fees.

4. Preparation and Customer Responsibilities

You are responsible for:

Securing any required permits or HOA approvals,
Ensuring the structure is sound, dry, and free of rot or loose boards,
Providing an exterior electrical outlet and water source, if needed,
Alerting us to known hazards (e.g., underground utilities, sprinkler lines, or fragile landscaping).

5. Materials and Products

We select stains, sealants, and cleaning agents based on professional judgment, product performance, and manufacturer specifications, unless a specific product is requested and approved in writing.

6. Payment Terms

A deposit may be required at booking.
Remaining balance is due upon substantial completion.
Late payments accrue interest at 1.5% per month, or the maximum allowed by law, whichever is lower.
We accept cash, check, credit card, or ACH. Returned checks incur a $35 fee.

7. Warranty

We do not provide any warranty for our workmanship or materials. All services are provided "as is" without any guarantees or warranties, express or implied.

8. Disclaimers

No Guarantee of Exact Color – Color may vary due to wood species, age, and environmental factors.
Weather Delays – We are not liable for delays caused by rain, high humidity, or temperatures outside manufacturer guidelines.
Surface Preparation Limits – Stubborn stains or previous coatings may not be completely removable.

9. Limitation of Liability

Our total liability for any claim relating to the Services is limited to the amount you actually paid to us under the applicable Work Order,
We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, loss of use, or damage to personal property, even if advised of the possibility.

10. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is our property or licensed to us and protected by intellectual-property laws. You may not reproduce, distribute, or create derivative works without our written permission.

11. User Content

If you submit reviews, testimonials, photos, or other content (“User Content”), you grant us a perpetual, irrevocable, royalty-free license to use, display, reproduce, and distribute that content in any media. You represent that you own or have the right to grant this license.

12. Prohibited Uses

You agree not to:

Violate any applicable law, regulation, or ordinance,
Upload malicious code, spam, or unauthorized advertising,
Harvest personal information of others,
Engage in any activity that disrupts or interferes with Site functionality.

13. Termination

We may suspend or terminate your access to the Site or Services for any violation of these Terms, without prior notice. Sections 7 – 10, 13, and 15 survive termination.

14. Changes to Terms

We may modify these Terms at any time. Updated Terms are effective upon posting to /terms-and-conditions. Continued use of the Site or Services after changes constitutes acceptance.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in St. Louis County, Missouri, under the rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction.

16. Severability

If any provision of these Terms is held unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with any Work Orders and our Privacy Policy, constitute the entire agreement between you and the Company, superseding all prior oral or written discussions.

18. Contact

For any questions about these Terms, please use the contact form at fenceanddeckdefender.com/contact.