The following consist of the Terms & Conditions proposed by Hurricane Protection Solutions & Blinds, LLC (hereinafter referred to as "the Company") to the Customer contracting our services.
Please, read in full and ask any questions.
- Your project copy of the terms and conditions can be found on the link provided at your given quotation.
Services Terms & Conditions
- https://www.hpssouthfl.com/services-terms
All agreements contain the following basis terms and conditions, bonded to the agreed quoted service option(s).
These Terms & Conditions form the basis of the agreement between Hurricane Protection Solutions & Blinds, LLC (hereinafter referred to as "the Company") and the customer (hereinafter referred to as "the Customer").
By approving the requested quotation for the specified products and services, whether through digital or physical written communication, verbal assurance, or other reasonable means, and by making the initial payment, the Customer acknowledges and agrees to understand and to be bound by the following Company’s Terms & Conditions, which shall govern the entirety of this agreement.
This agreement is subject to Florida's Construction Lien Law,
https://www2.myfloridalicense.com/pro/cilb/documents/florida_lien_law.pdf.
Under Florida Construction Lien Law (Chapter 713, F.S.), contractors, subcontractors, and suppliers have the right to place a lien on a property if payment is not received.
To avoid legal claims, ensure all payments are made in full and on time.
Full payment for all Companies' associates and employees is secured prior to the commencement of any project installation.
Project Schedule and Deadline
1. Commencement of Installation Procedures: The installation process shall be scheduled within a period of four (4) to eight (8) weeks once all necessary permits required for installation have been secured for approval, subject to the expedited need for protective measures if applicable, out or during hurricane season, or upon the Owner’s request, once the unit products are available for delivery and installation. For structure alteration products, manufacturing timing can be impacted considerably. Installation will commence on the earliest available date once these requirements have been met within the proposed schedule range, and subject to any reasonable delays as outlined herein.
2. Notifications and Installation Timing: Installations are scheduled in area groups based on proximity, to maximize efficiency and minimize delays. These installations are completed throughout the day, as each project differs in terms of product types, quantity, units’ size, installation complexity, between other comprehensible factors. Therefore, the exact duration of each installation varies. Customers will receive a notification one week in advance, as well as notified the day before the scheduled installation, to allow both parties ample time to prepare. Should any changes arise, we will promptly notify the Customer.
3. Site Accessibility and Owner Presence: Most exterior mounting projects’ installation procedures occur exclusively on the exterior of the property. It is not necessary for the Customer to be present during the installation. To ensure a smooth process, the Customer must provide unobstructed exterior area access to the installation site during the week of installation. If access is restricted or not provided due to any arisen circumstance, not excluding the owner’s necessity to be present, the installation will be rescheduled to the next available week, to avoid disrupting other ongoing and scheduled projects. We strive to complete installations efficiently and will communicate installation status, unit installation changes, delays, or other related issues promptly.
4. Interior Access: If interior access is required to start, finish, or continue the project installation, the Customer or an authorized individual must be present at the installation site to provide access. In the event of unavailability, the project, not necessarily the entirety of the project, will be postponed unless prior authorization is provided by the Customer through written or verbal communication to the present available personnel, or representative through direct or office communication, prior or during the installation.
5. Right to Reschedule or Pause Installations: The Company reserves the right to pause, reschedule, or delay, partially or entirely, the installation of services due to factors beyond its control. Such circumstances may include, but are not limited to, the following:
o Uncontracted Bonds or Non-Requested Site Changes: Any site modifications, additional requirements, or changes made to the project that were not agreed upon in the contracted services, including omitted or non-approved changes made prior to the scheduled installation.
o Site Inaccessibility: Physical barriers or conditions that render the installation site inaccessible, whether due to environmental factors, third-party actions, or any other circumstances that limit the Company's personnel ability to access the site.
o Weather Conditions: Severe or hazardous weather events, such as storms, extreme temperatures, or conditions that pose a risk to personnel, equipment, or general installation safety.
o Harassment or Threats: As stated by the Antidiscrimination Policy, stated below.
o Health or Personal Emergencies: Illness, injury, or personal emergencies affecting the Company’s personnel that compromise the ability to complete the installation safely and effectively.
o Insufficient Personnel: In the event of low personnel availability or the inability to deploy qualified staff due to unforeseen circumstances, including staffing shortages or personnel unavailability, holidays, between other reasonable factors.
o Aggressive or Unsupervised Animals: The presence of aggressive, uncontained, or unsupervised animals at the installation site, which may pose a safety risk to the Company’s personnel.
o Unforeseen Hazardous Conditions: Any other unforeseen conditions, such as hidden environmental hazards, structural issues, or safety concerns that arise prior to or during the installation process.
o Safety as a Priority: The safety of both the Company’s personnel and the customer is paramount in all decisions regarding rescheduling or delaying the installation. In circumstances where safety is at risk, the Company shall have the sole discretion to determine if the installation should be paused or rescheduled.
6. Obligations of the Customer: The Customer understands and agrees that these delays do not waive their obligation to make payments as stipulated in the contracted services. Specifically:
o Final Payment: Final payment for the installation project is due on the day the installation commences, regardless of any rescheduling or delays. The payment is required to secure the continuation of the project and to cover costs incurred by the Company during the delay and the through all the installation process. Fees, paid by the Company, must be returned along with final payment or anytime before the day of installation.
o Interim Payments: Any interim payments due under the contracted services shall remain applicable and must be made according to the agreed-upon schedule. Delays caused by the Customer’s failure to meet these payment obligations may result in further rescheduling, delay fees, and/or suspension of the project.
o Notification and Communication: The Company will make reasonable and strict efforts to contact and inform the Customer of any rescheduling or delays as soon as possible, and the Customer agrees to cooperate in the identification of alternative installation dates. The Company is not responsible for any costs, inconvenience, or loss incurred by the Customer due to such delays.
o Force Majeure: Notwithstanding the above, the Company shall not be held liable for any schedule and installation delays caused by circumstances beyond its reasonable control, including but not limited to acts of God (As a Legal Concept), government actions, strikes, or other events of force majeure that impact the ability to proceed with the installation as planned.
7. National Weather Alerts: In the event of national weather alerts, installations will be postponed to the next available week of installation in the area or rescheduled accordingly once the threat has ceased and presents no risk for both, the Company and the Customer. Additionally, For Weather-related updates, through the Company’s website, hpssouthfl.com, the Company facilitates a link directed to The National Weather Channel at https://weather.com/.
Labor and Manufacturing
1. Scope of Services: The Company provides materials procurement, manufacturing, delivery, installation, in site unit adaptations, and site cleanup. Additional services, such as permitting, will be provided as necessary, requested, or as indicated in the quotation, including additional work site adaptations for installation.
2. Permitting: The responsibility for clearing all permitting fees rests with the property owners. The Customer has the option to handle the permitting process independently, either as homeowners or through another certified entity, including other certified general contractors, not assigned by the Company. Alternatively, the Customer may choose to have the permitting process managed by a certified contractor of the Company’s confidence for a separate fee of $500.00 to $600.00, free of charge for projects over $7,000.00, or as specified in the quote, and alternatively apply as homeowners for a free of charge service. The owner may decide to proceed without permitting, as indicated.
o City Permitting Submission Via General Contractor ($500.00 to $600.00 Fee): Paid in advance, the service fee includes the General Contractor's commission and application processing and handling by the general contractor (Residential, $300.00 or Commercial $400.00), notary sessions, seals, and verified signatures of the required documents within the Company’s scope ($75.00), and submission and handling of all related transactions ($125.00), not including all associated building permitting fees for approval.
o Proceeding as Homeowner ($0.00): If the Customer elects to handle permitting as a homeowner, the Company will provide and submit the necessary application at no cost. This includes any required notary sessions and related document transactions, not including building permitting fees.
o Proceeding Informally: Homeowners have the legal right to install any hurricane protection system to safeguard their property and lives, within their financial limits, and exclusively for registered products at the Florida Department of Business and Professional Regulations (DBPR), that can withstand against weather-related threats. However, this right does not exempt homeowners to comply with their private HOA regulations for that kind of product that meets their needs. In addition, it is unlawful for anyone, including an HOA, or other private entity, to obstruct the installation of products approved by the Florida Department of Business and Professional Regulations. Such installations must comply with any color-matching or specific installation methods as required by the homeowner’s association, but refusal to allow the installation of compliant hurricane protection measures when they met minimum and reasonable specifications for that product is unlawful and criminal—such as those listed under SB 4-D (2022), CS/HB 293 (2024), Fl Statute 553.73(1)(a) (2018), and Fl Statute 718.113(5)(d) (2024)—would violate the Law and rights of homeowners. While no permits are required for installing storm panels, make sure to review general deployment rules on hurricane shutters. For structural installations like accordion or roller shutters, the customer must apply for the respective HOA’s structure addition formal approval process whenever the property is under HOA regulations. Similarly, for impact windows, which involve structural changes, the customer must additionally obtain permits through a licensed general contractor, due to structural changes (Impact Windows and Doors), different from structure additions (Sutter Product Types).
o Permitting fees: Permitting fees are not included in the quoted price and must be paid by the property owners. The corresponding entitled entities from the city can bring an estimation of the cost for the fees of the project before applying by giving material’s square footage to be installed. All cities estimate and charge this amount differently, and estimation may vary on the type of product. Fees, paid by the Company, must be returned along with final payment or anytime before the day of installation.
o Permit timeline: The timeline for processing building permits varies by jurisdiction, and each entity handles submissions differently. While the Company will make every effort to expedite the process, it cannot be held responsible for delays in permit processing timelines, tax district-based building department permitting volume, delays on all related permitting fees, and all other building department timing issues.
o Included Document Transactions: If permitting is submitted using the Company's aid, the Company will cover at no cost all notary sessions and related permitting documentation costs for the required permitting, which does not include the permitting fees.
3. Manufacturing: Manufacturing will commence after permits are issued, and may include a final site checkup to confirm the necessary product dimensions and locations. Not full or partial refunds are granted once manufacturing begins.
4. Site Modifications: The Customer must inform the Company of any planned site modifications prior to installation to avoid delays and additional fees related to planning, manufacturing, and/or installation changes. The Company will not be responsible for any changes made after the project has begun unless agreed upon in writing.
5. Final Quotation: The prices quoted for each listed unit, including discounts, fees, and taxes, are final and binding. Additional units added after the initial quote will be charged at revised rates. Please review that all desired units for your project are listed as expected and ask for any questions or changes before proceeding so that your representative can make any related changes before permitting and manufacturing starts.
6. Unforeseen Unit Changes: In the event that unforeseen changes are required to the unit product during installation, such as discrepancies in dimensions resulting from the site’s structure or material limitations intended for preservation, which are necessary for the proper installation and operation of the unit, any additional costs incurred will be added to the final payment. If such changes require the Company to manufacture a new unit for replacement, the Customer acknowledges that only the cost difference between the original unit and the new unit will be charged. The Company shall ensure that any necessary adjustments related to unforeseen site dependencies are properly addressed and completed prior to the manufacturing of any replacement unit. All costs related to these changes will be appropriately reflected in the final payment.
7. Unforeseen Site Changes: In the event that unforeseen changes are required to the installation site to ensure proper installation and functioning of the product, any additional costs incurred due to such changes will be charged to the final payment. This includes, but is not limited to, modifications to the site’s structure, electrical systems, or other elements that may be required to accommodate during the installation. If the changes result in the need to manufacture a new unit for replacement, the Customer agrees to cover, additionally on final payment, or proportionally on the selected payment plan, the price difference to the previous unit. The Company will ensure that any necessary site modifications are appropriately addressed and performed before proceeding with manufacturing any replacement unit, and that all related costs are clearly communicated and reflected in the final invoice.
Working Environment and in Site Expectations
1. Animal Safety and Control: The Customer is responsible for controlling animals on the property during installation. The Company is not liable for damages or injuries caused by animals. Any damages to the Company equipment, personnel equipment, or injuries sustained by personnel as a result of animal behavior will be the Customer's responsibility and charged to the final payment or proportionally to the payment plan.
2. Child Safety and Supervision: The Customer is responsible for ensuring that children are properly supervised and kept at a safe distance from the installation area during the installation process. The Company is not liable for any damages, injuries, or accidents involving children on the property. Any damage to the Company’s equipment, personnel, or property caused by the actions of children, as well as any injuries sustained by children during the installation, will be the sole responsibility of the Customer and any associated costs will be added to the final payment or proportionally to the payment plan.
3. Safety and Responsibility: The Company shall not be held responsible for any damages, injuries, or losses resulting from unauthorized changes or instructions provided by the Customer or any third party. Any additional services requested by the Customer beyond the scope of the original agreement must be contracted separately to the Company's associated personnel, and such services will not be covered under these contracted services, and the Company will not assume responsibility for its results. Furthermore, the Company will not assume responsibility for any damages or injuries caused by third parties, including but not limited to, individuals other than the installation personnel engaged by the Company. The Customer acknowledges that any such third-party actions are outside the Company’s control and responsibility.
4. Installation Span and Prolongation: The duration of the installation may vary based on product type, quantity, location, and other factors. The Company will not be held liable for delays caused by circumstances beyond its control.
5. Cleanup: The installation team will clean up the work area upon completion. However, the disposal of bulky objects is the owner's responsibility, the owner has the right to let the personnel know where to dispose the leftover units and debris. Please, bring advice to the personnel before the installation starts to avoid delays. Relocation of these materials will not be the responsibility of the company or personnel once they finish installing or leave the place of work.
6. Restroom Access: Our personnel will arrive fully prepared for the project; however, depending on the nature and complexity of the installation, some tasks may take several hours or even days to complete efficiently. To ensure a smooth process and avoid delays, we kindly request that the Customer or a designated representative by the owner, who is authorized to approve access to restroom facilities, that is present during the installation. Access to both restroom facilities and drinking water will only be provided upon request by our personnel. In the absence of an authorized individual, delays may occur, as the installation personnel may need to seek external alternatives for these amenities, which could impact the project timeline.
7. Anti-Discrimination Policy:
o The Company is committed to fostering a safe, respectful, and inclusive work environment for all personnel, contractors, representatives, and customers. Discrimination, harassment, intimidation, threats, or acts of violence—whether verbal or physical, or otherwise—will not be tolerated under any circumstances.
o The Company enforces a zero-tolerance policy against discrimination or inappropriate behavior of any kind, including but not limited to behavior based on race, gender, religion, nationality, disability, or any other protected characteristic. Any violation of this policy will result in immediate action, including the potential suspension or termination of the project at the Company’s sole discretion. A penalty fee may be imposed, the warranty may be voided, and any claims for refunds will be forfeited. Legal action may also be pursued where necessary to address such violations.
o Any incident involving harassment, intimidation, threats, or violence directed towards the Company’s personnel, contractors, representatives, or any individual associated with the Company, by the Customer or any third party on the site, will result in immediate action. The Company reserves the right to immediately suspend or terminate any ongoing work, services, or agreements, with no refund of any payments made. In addition, the Company reserves the right to take all necessary legal actions, including but not limited to involving law enforcement, pursuing criminal charges, and seeking civil remedies for any damages incurred. The Company may also invoke the Florida Construction Lien Law to secure payment for services rendered and will not resume work until it is safe to do. All outstanding obligations must be settled in full before resumption including additional charges.
o The Customer is fully responsible for maintaining a safe respectful environment for all Company personnel, contractors, and representatives and must take proactive measures to prevent any incidents of harassment, threats, or violence of any kind.
o Likewise, if any foreign individual to the Company, including the Customer, is subjected to discriminatory behavior by a member of the Company’s personnel, the responsible individual(s) will face high penalties, including all legal action as stated before, termination of employment, including other disciplinary measures as outlined in the Company’s internal rules and policies, depending on the type of infringement.
8. Professionalism and Installer Qualifications: To uphold the highest standards of quality and professionalism, all installers working under the Company’s name must have a minimum of five years of experience in their trade. Installers are required to provide verifiable documentation of their qualifications and expertise prior to being authorized to perform any Company-related work. This stringent vetting process ensures that all personnel involved in the project execution are both highly skilled and reliable.
9. Non-ID Request and Unauthorized ID Demand Policy: The Company is committed to upholding the privacy and legal rights of all individuals, and to ensuring a safe, professional, and compliant environment for all transactions and interactions.
o Non-ID Request Statement: The Company maintains a strict policy that no personnel shall request or demand identification (ID) from any individual—whether a customer, contractor, or visitor—except when legally required for a specific transaction or contract. The Company is a private entity, and it is not required to know your status of any kind.
o The Company respects the privacy of all individuals, and any attempt by the Customer or third parties to request or demand identification from the Company personnel or associates is a violation of this policy and will be treated with utmost seriousness.
o Legal Statement Regarding Unauthorized ID Requests: Under Florida law and the Fourth Amendment of the U.S. Constitution, only law enforcement officers are authorized to request identification under specific legal circumstances, such as during an investigation or when a person is detained. Private individuals, including the Customer or any third parties, do not have the legal right to demand or request identification from others, including the Company personnel, unless such a request is explicitly required by law, contract, or business transaction.
o Unauthorized ID Requests: Any attempt by the Customer or any third party to request identification from the Company’s personnel, contractors, or representatives—without a legal or contractual basis—constitutes an unlawful and criminal act. Such conduct infringes upon the Fourth Amendment of the U.S. Constitution, which safeguards the rights of individuals against unreasonable searches and seizures. This violation is a direct infringement upon the personal privacy rights of the individual targeted and will not be tolerated. Any such incident will be immediately reported to the appropriate law enforcement authorities for thorough investigation and potential criminal prosecution, in accordance with applicable state and federal laws.
o Consequences for Unauthorized ID Requests: In the event that the Customer or any third party demands identification from the Company’s personnel, contractors, or representatives without legal justification, such actions will be promptly reported to law enforcement authorities for appropriate investigation. Those responsible may be subject to criminal charges under relevant statutes. Furthermore, the Company reserves the absolute right to suspend or terminate any ongoing work, services, or business transactions with the Customer involved in such violations, and to take any additional legal action necessary to protect the Company’s interests and the rights of its personnel.
Warranty of Labor and Manufacturing
1. Warranty of Labor and Manufacture Period: A 10-year warranty for labor and manufacture applies to all Hurricane Protection Products for installation labor and mechanical functioning, starting upon the project has been fully finished, including permitting and full project payment. The warranty may be voided if the Customer fails to perform required maintenance, alters the product functionality without authorization, fixes the units with other company or sole individuals, non-listed on the manufacturing labels information, including the Customer, or defaults on payment plans. This warranty is not transferable.
2. Payment Contingency: The warranty is contingent upon full payment of all project-related fees, including all related permitting costs. Fees, paid by the Company, must be returned along with final payment or anytime before the day of installation.
3. Inspections and Repairs Services: By utilizing the inspection and repair services provided by the Company, the customer agrees to the following terms and conditions:
o Inspections and Repairs Services: The Company will conduct a thorough inspection of the installed products when requested by the Customer, including, but not limited to, hurricane protection products and decorative window treatment products. Upon identifying any damage, wear, or malfunction, the Company will provide recommendations for necessary repairs or replacements, subject to availability and customer approval covered under warranty. The company only offers this service to customers that have contracted our services.
o Customer Responsibility: The customer is solely responsible for ensuring that the products are maintained in accordance with the manufacturer’s guidelines. Any modifications, repairs, or alterations made to the products by anyone other than the Company’s authorized personnel will void the warranty.
o Void Warranty: The warranty for the installed products will be voided in the event of:
A. Intentional or unintentional damage to the units not caused by the product’s inherent malfunction.
B. Any changes, modifications, or tampering made to the products by the customer or third parties, including, but not limited to, attempts at self-repair.
C. Any failure to follow the Company’s recommended maintenance procedures.
D. Intentional or Unintentional removal or alteration of manufacturing labels. May you contact the Company for proper relocation or restoration of labels.
o No Warranty Claims for Unauthorized Repairs or Alterations: The Company will not be liable for warranty claims resulting from unauthorized repairs, alterations, or damage to the units. If any of the aforementioned conditions are violated, the customer understands that the Company will be unable to fulfill any warranty claims related to the affected products.
o Professional Inspections: For the continued protection and optimal performance of the hurricane protection systems and window treatments, the customer is strongly encouraged to seek professional inspections and repairs exclusively through the Company or product labeled entities. Failure to do so may result in the voiding of warranty coverage.
o Event of Natural Disaster: In the event of natural disaster, the Company’s products for hurricane protection are specifically designed to serve their primary purpose, to provide a layer of protection and minimize overall damage to the property serving as possible flying derby projectiles and wind force layer of protection, ready to be deployed under hurricane warnings. While these products are engineered to withstand severe weather conditions as stated by the Department of Business and Professional Regulations (DBPR) Notice of Acceptance, and the National Accreditation & Management Institute (NAMI) to provide a critical layer of defense, it is not possible for any entity to guarantee complete prevention of all potential damage to the property or units serving their purpose, resulting from extreme or unforeseen conditions.
Documentation and Permits
1. Permitting Options and Responsibilities:
o Customer-Managed Permitting:
If the Customer opts to handle permitting independently, the Company is not liable for any delays or issues arising from the permitting process, including errors in submitted paperwork.
o Company-Supported Permitting:
If the Customer chooses the Company to assist with permitting, the Company will supply all required documentation for submission to local authorities and will facilitate the submission process when necessary.
o Permitting Through a General Contractor:
Should the Customer elect for the Company to manage permitting via a general contractor, an associated fee will be included in the initial payment. Please note that building permit fees are not covered by this fee and remain the Customer's responsibility.
o Permitting Assistance Disclaimer:
While Customers retain the right to proceed with the permitting process independently, the Company is not liable for any modifications, delays, or issues arising from changes made to the application by third parties or entities other than the Company. Customers acknowledge that any alterations not directly executed by the Company are beyond the Company's control and responsibility.
2. Installation Authorization: The Company’s personnel will commence installation only upon receiving either valid authorization from the homeowner association or relevant governing entity, or consent from the property owner granting permission to proceed without such authorization. In cases where installation is expedited at the Customer's request, the Customer is responsible for any additional external fees and violations.
3. Work Site Photographs: The Company reserves the right to photograph the project installation site only limited to the installed product units’ reference for documentation and marketing purposes, ensuring, by available image software tools, that no identifying details such as full property address number or the property’s residents’ information are exposed, and only limited to the installation area.
Payment Terms
The following payment terms are bonded to the proposed payment schedule.
1. Initial Payment: A down payment is required upon the Customer's approval of the quoted services for it to be considered valid. The remaining project balance must be paid within 15 days from the start date of the installation, unless otherwise specified in an agreed-upon payment plan. A late payment fee of 3% will be applied to any outstanding balance that is not cleared by the specified deadline. Additional fees may apply, including, but not limited to, costs related to setting adaptations, permit processing, and associated fees.
2. Payment Plans: If applicable, payment plans will be outlined and scheduled separately. Any installment payments must be made according to the agreed-upon schedule to avoid penalties or delays.
3. Additional Fees: The Customer is responsible for any homeowner association (HOA) fees or building permit costs related to the project. Non-payment of such fees will result in a 5% late fee and could lead to suspension of services, as well as potential additional penalties from the relevant permitting authorities. All other disclosed additional fees stated in the agreement will also apply as specified.
4. Payment Service Fees: A 3% service fee will be applied to all transactions made via credit or debit cards through the invoice platform, this service fee may be charged apart. This fee helps cover the processing costs associated with secure, efficient card payments for services rendered. If payment is made via a method other than credit or debit cards, this 3% service fee will be waived. Please note that ACH (Automated Clearing House) processing fees may vary based on the payment method used through the active invoice platform, and bank fees may apply depending on the current transaction rates. This transaction is subject to HouseCall Pro and other payment platform accordingly used by the company for invoicing and quoting.
5. The Customer acknowledges that all fees paid by the Company for permitting issuing and approval, including but not limited to application fees, governmental charges, and related expenses, shall be reimbursed to the Company in accordance with the agreed terms and conditions.
o Failure by the Customer to reimburse the Company for such permitting fees within the specified timeframe shall result in a hold on the permitting process, void of warranty until paid, and may lead to delays or suspension of related services. The Company reserves the right to withhold further work, permits, or approvals until full reimbursement is received.
o This clause shall remain enforceable, and the Customer shall remain liable for all outstanding permitting-related payments.
Non-Payment Terms
1. Late Payments: Failure to remit payment within 15 days from the installation start date or payment due upon payment plan will result in a 3% late fee on the outstanding balance. Persistent non-payment may lead to further action, including legal proceedings, termination of the project, and forfeiture of any deposits or payments already made.
2. Termination: Continued non-payment may also result in the termination of permitting processes, along with any associated penalties or fees imposed by the relevant entities. Additionally, non-payment may lead to the cancellation of the installation without any refund for prior payments or deposits. Actions taken will include a lien on the property until the balance stated has been cleared on its totality, as stated by the Florida's Construction Lien Law.
3. In the event that the Customer fails to make full payment for services rendered, labor provided, materials supplied, or outstanding fees, by the Company, the Company reserves the right to file a construction lien against the Customer’s property in accordance with the Florida Construction Lien Law (Chapter 713, Florida Statutes). This right is exercised to secure payment for the services, labor, and materials provided by the Company. The Company’s obligation to pay its workers, contractors, and associates in full is independent of the Customer’s payment, ensuring that all involved parties are compensated. If payment is not received in full from the Customer, the Company will initiate the lien process, which may include legal action, foreclosure proceedings, and any other remedies permitted under the law to recover the outstanding debt. The Company retains the right to take all necessary steps to protect its financial interests and enforce payment for services rendered.
Florida’s’ Construction Lien Law
1. The Florida Construction Lien Law (Chapter 713, Florida Statutes) provides a legal framework for contractors, subcontractors, suppliers, and other construction professionals to ensure they are paid for work and materials supplied in a construction project. Under this law, any party who provides labor, materials, or services for a construction project has the right to place a lien on the property if they are not paid for their contributions.
2. The Company hereby agrees to pay in full all its involved workers, contractors, and associates for their labor, materials, and services securing their full payment before the installation process begins. This ensures that all individuals and entities involved in the construction and installation processes are compensated in full prior to commencing work on-site. The Company affirms that it will comply with all applicable provisions of the Florida Construction Lien Law and ensures that no claims or liens will be filed against the property due to non-payment of any involved parties. This agreement is part of the Company's commitment to maintain legal compliance and avoid potential disputes regarding payment or liens during the course of the project.
3. This notice is provided in accordance with Section 713.06, Florida Statutes, to secure the Company right to file a lien if the payment or payments stated on the given quotation are not received.
Clarifications
1. Product Purpose and Compliance: Hurricane protection products are essential for ensuring resident safety and should be regarded as necessities rather than luxury items. All installation documentation for product units is clear, comprehensive, and meets the standards approved by the Florida Department of Business and Professional Regulation. Each product complies with the state’s Notice of Acceptance and is engineered and certified to provide effective, reliable protection. All products listed for the proposed project comply with SB 4-D, CS/HB 293, Fl Statute 553.73(1)(a), and Fl Statute 718.113(5)(d).
2. Permit Documentation: The Customer may choose to handle permitting or may opt for the Company’s assistance at an additional cost.
3. Project Timeline: The contract for the services concludes upon the first day of installation. Past due payments will result in additional fees. Continue to fail upon installation will result in legal action.
Institutional Independence
• Homeowner associations and city offices operate independently. We strive to expedite approvals but cannot control their timelines. Most agencies do not process documents during holidays and weekends, dealing to these processes as homeowners, may expedite the verification and approval process.
• The Company will provide documentation to expedite the process and help to fill forms if necessary or if assistance for submission is requested at no additional cost.
Contractor Engagement and Compliance Policies
1. Independent Personnel: The Company functions as a dealer and logistics provider, engaging certified independent contractors and verified personnel for installations.
2. Professionalism and Installer Qualifications: To uphold the highest standards of quality and professionalism, all installers working under the Company’s name must have a minimum of five years of experience in their trade. Installers are required to provide verifiable documentation of their qualifications and expertise prior to being authorized to perform any Company-related work. This stringent vetting process ensures that all personnel involved in the project execution are both highly skilled and reliable.
3. Safety Responsibility: The Company is committed to maintaining a safe working environment and assumes full responsibility for the safety of all authorized installers throughout the installation process. In the event of any incident or injury directly related to the installation work, the Company shall be solely accountable, provided the incident arises solely from the installation itself and not from external factors, including interference or actions by the property owner or others that fall outside the scope of the authorized work. Should the property owner or any third party interfere with or alter the installation process, the Company’s responsibility may be limited to the extent such actions contribute to the incident.
4. Contractor Status and Information Sharing: The Company’s contractors are independent professionals who operate separately from the Company. Each contractor maintains their own insurance and complies with all applicable legal and professional standards. Every contractor has undergone a verification process, demonstrated their expertise and fostered a trusted partnership with the Company.
5. Sensitive Information Protection: To safeguard our contractors' sensitive information—including, but not limited to, insurance details and licensing information—the release of such data will be limited. Sensitive information will only be shared following contract execution and receipt of necessary payments. This measure is intended to prevent any unauthorized or illegal use of this data.
6. Customer’s Responsibilities: The Customer acknowledges and agrees that they will be held liable for any data leaks, information diffusion, or misuse of sensitive information that occurs through the Customer's actions or inaction.
o By agreeing to the present terms and conditions, the Customer commits to:
1. Ensuring that only certified entities, legally permitted to process this type of information, receive access to it.
2. Refraining from sharing, altering, or disseminating any sensitive contractor information with unauthorized parties.
Confidentiality
The Company agrees to protect the confidentiality of all information provided by the Customer and will only disclose it as necessary to fulfill contracted services or as required by law. The Customer may be exposed to confidential business information belonging to the Company or its contractors, including but not limited to product designs, plans, systems, and personal contact details. The Customer agrees to handle this information with care, not share it with third parties (except for referrals necessary to complete services), and use it solely for the purpose of receiving services. Disclosure, distribution, or use of any confidential information without the written permission of the Company or relevant individuals is strictly prohibited.
Miscellaneous
• Authority: Each party has the right to enter into this agreement and perform its obligations.
• Assignment: Neither party may assign this agreement without the express written consent of the other party.
• Notices: All formal notices related to this agreement will be delivered via email as specified in the corresponding quotation. If an alternative method of communication is requested or recorded, notices will be sent accordingly. Both parties are responsible for ensuring that their contact information remains up-to-date to facilitate timely and effective communication throughout the duration of the project.
• Acknowledgment and Review: By approving the quoted services and making the initial payment, the Customer acknowledges and accepts the terms and policies of the Company. The Customer confirms that all terms have been thoroughly reviewed and understood, and agrees to raise any questions or concerns before proceeding with the agreement.
• Counterparts: This agreement may be executed electronically and will be binding on both parties.
• Attachments: Any photos or images referenced in the quoted services may be attached to the agreement for reference and records of both parties.
• Intellectual Property and Ownership: The Customer owns the final product for the contracted services and may resell it, but the Company retains ownership of all designs, systems, installation methods, and intellectual property related to the product. The Customer is granted a limited right to use the final product for personal or business purposes, including resale, but cannot use, modify, or reproduce any proprietary elements (such as designs or systems) without prior written permission from the Company or its partners. Unauthorized use or distribution of the Company’s or partner’s and manufacturers intellectual property is prohibited. Additionally, the Customer does not own any assets, including phone numbers, provided by the Company for service delivery.
• Intellectual Property Rights and Trademarks: User acknowledges that all content on the Website or through the service, including but not limited to text, software, images, videos, and trademarks, is protected by intellectual property laws and remains the property of the Company. User is only granted limited rights to use the Content as explicitly authorized by the Company, and may not copy, distribute, modify, or create derivative works from the Content without prior written consent. Unauthorized use of the Site's Content may violate copyright, trademark, and other legal rights. Users must not divulge proprietary or confidential information and agree to not use or reproduce any Content for public, personal, or commercial purposes without explicit permission from the Company.
• To maintain an efficient submission and completion, all Formal Agreements Under Hurricane Protection Solutions & Blinds LLC are Agreed and Filled Electronically. May the Customer request a physical or printable copy at any time.