Hurricane Protection Solutions & Blinds LLC Terms & Conditions

Services Terms & Conditions

I. Considerations
1. Our Goal: Hurricane Protection Solutions & Blinds stands out by delivering a fully managed, start-to-finish solution that goes beyond typical contractors and installers—handling consultation, measurements, product selection, HOA compliance and permit guidance, installation and visual appeal, and final inspection—while also offering both hurricane protection and interior window coverings in one place; combined with fast on-site quoting, flexible payment options, personalized service, and a structured, transparent process supported by strong contract systems, the company simplifies what is usually a complex and stressful experience, giving customers convenience, clarity, and confidence that most competitors do not provide.
2. Language Assistance Notice:
A. While translations may be provided, they are intended for informational purposes only. The Customer is advised to seek independent professional assistance to ensure full understanding.
B. A translated version of this Agreement may be requested at any time for convenience in any language.
C. However, due to technical and legal considerations, the English version shall remain the official and controlling version of this Agreement to avoid misinterpretations.
3. The following consist of the Terms & Conditions proposed by Hurricane Protection Solutions & Blinds, LLC (hereinafter referred to as the "Company") to the Customer, the person or entity contracting our services, not necessarily the property Owner.
4. Please read in full and ask for further clarification before signing. Once you sign the agreement, you acknowledge that you fully understand the following services' terms and conditions.
5. This agreement is current the moment you clear the first payment on labor and manufacturing, acknowledging the understood terms and conditions.
6. These Terms & Conditions form the basis of the agreement between Hurricane Protection Solutions & Blinds, LLC (hereinafter referred to as "the Company") and the customer or property owner contracting the services (hereinafter referred to as "the Customer"). The earliest version of the Terms and Conditions is found at
https://www.hpssouthfl.com/services-terms.
7. Each Customer can individually find their signed agreement copy in their provided email recipient or within the customer’s online dashboard "Sign in" on the Hurricane Protection
Solutions & Blinds main website, any time.
pssouthfl.com, or ask for a physical mailed copy at
8. This agreement is subject to Florida's Construction Lien Law,
https://www2.myfloridalicense.com/pro/cilb/documents/florida_lien_law.pdf, DBPR. A. 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 and also protect the property owner from claims related to any incomplete project within the proposed completion period.
B. In order to protect the customer under Florida's Construction Lien Law against third parties involved in the project contracted by us, the Company secures full payment for all companies, associates, contractors, subcontractors, and employees associated with the project's success during all stages up to the completion of the project within 7 days, whether or not the Customer elects to apply for permitting under the property's job jurisdiction as an owner-builder (a homeowner acting as a
builder, 2011 Florida Statutes > Title XXXII > Chapter 489 > Section 103,
https://www.flsenate.gov/laws/statutes/2011/489.103), or the project is exempt from issuing a building permit.
9. To prevent legal claims, the Customer must ensure timely and complete final payment within a 7-day grace period to clear the final payment, where our base payment schedule is divided into four stages as stated below in this agreement.
10. All hurricane protection products manufactured, distributed, and installed by Hurricane Protection Solutions & Blinds LLC are fully certified for residential and commercial installation use throughout the State of Florida, in compliance with the Florida Building Code, and carry valid and current Florida Product Approvals (FL#/FPA), Notices of Acceptance (NOA), and applicable certifications issued or recognized by the Florida Department of Business and Professional Regulation (DBPR).
A. These systems comply with Florida Statutes §553.73(1)(a), §718.113(5)(d), Senate Bill SB 4-D, and House Bill CS/HB 293, ensuring homeowners can install compliant hurricane protection products regardless of brand, system type, price, or site jurisdiction. All installations performed by the Company adhere strictly to these legal, engineering, and Florida Building Code standards, ensuring both code compliance and statewide legal protection for homeowners out of or within homeowner associations and all condominium-governed community types.
11. 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 in addition, by making the initial payment, the Customer acknowledges and agrees to understand and be bound by the following Company’s services terms & conditions, which shall govern the entirety of this agreement. If the Customer does not agree with any provision herein, the Customer is advised not to proceed with the services and may seek alternative providers at their discretion.
II. Governing Agreement Version and Non-Alteration Clause
1. This Agreement incorporates the Terms and Conditions as they exist at the time of acceptance, a copy of which is attached to or included within the corresponding quote or contract documentation (the “Applicable Version”).
2. The Applicable Version shall constitute the binding terms agreed upon between the parties for that specific project and shall not be altered, modified, or superseded by any future updates published by the Company.
3. The Company maintains an official and current version of its Terms and Conditions on its website for reference and transparency purposes. However, such an online version shall not retroactively modify or affect any previously executed agreements.
4. Any printed, downloaded, emailed, or otherwise reproduced versions of the Terms and Conditions, other than the Applicable Version provided by the Company, are for convenience only and shall have no legal effect.
5. No alteration, modification, or annotation by any third party shall be valid or enforceable.
6. The most current version of the Company’s Terms and Conditions in effect at the time of acceptance shall apply to any new or renewed quotations issued.
III. Homeowners' Right to Certified Hurricane Protection - Legal
Summary
1. At Hurricane Protection Solutions & Blinds, we strive to work closely with all association boards to clearly present the final installation results of the site using the company's technology assets before the project begins, starting when the Customer submits the application with the documents we bring specifying the color preview and site map. This approach helps board members better understand how aesthetically appealing the job will be and which mounting and space-covering options are structurally available under
FBC at the mounting site, ensuring an attractive finish and aesthetic outcome overall for those unfamiliar with these products.
2. This clause serves to ensure full transparency, affirm the homeowner’s legal rights on their property, and support the lawful installation of hurricane protection systems without obstruction or unjustified HOA interference not accounting for
the safety of homeowners as stated by U.S. law.
3. Under Florida law, all homeowners have the right to install hurricane protection systems that comply with the Florida Building Code (FBC), regardless of brand, mechanism, manufacturer, or cost. This right is protected under several legal provisions, including but not limited to:
A. Florida Statute §553.73(1)(a).
B. Florida Statute §718.113(5)(d) (2024). C. Senate Bill SB 4-D (2022).
D. House Bill CS/HB 293 (2024).
4. These laws prohibit Homeowners Associations (HOAs) and Condominium Associations from denying or obstructing compliant hurricane protection systems based on subjective aesthetic preferences, pricing objections, or product brand bias.
5. Associations may ask for more documents or aesthetic changes (like color, mounting style, or reasonable covering surface beyond opening framing to maintain aesthetics), but they cannot deny permit applications on hurricane protection products that meet
Florida Building Code standards and have the state approvals, such as a Florida Product
Approval or Notice of Acceptance (NOA).
6. Associations can issue an internal letter approval with conditions or simply ask for certain changes in the submitted documents before approving them to meet their minimum criteria, keeping the application on hold until the requested reasonable changes to the product to install have been accomplished, but not different products from the
application, as long as it meets DBPR approval installation instructions or Contractor directives for special structure cases.
7. Associations must provide a clear reference on how to install and use each product, permanent or removable, to meet the minimum requirements, including color from the available common manufacturing colors of the product, regardless of the glass unit location that is being covered, and if no requirement exists, the board must create reasonable statements on how to mount the product on the different kinds of settings they manage or at least start creating a base with that project request, but they cannot deny approved products from the DBPR at least under non-biased, acceptable circumstances, such as a property with a compromised load-bearing structure being met or indicated by a licensed construction professional or inspector who states it is not
possible under reasonable recorded statements and the recorded structural framework of the property, showing such deficiencies.
8. While associations may delay permits for up to 30 days to request resubmissions or verify compliance, they may not reject or deliberately postpone an application without valid, code-based justification or a certain engineering concern. Denials that leave a homeowner unprotected or limit them to certain brands or vendors constitute a violation
of Florida law and place the HOA at legal risk, including civil liability for storm-related damages, enforcement actions, or court challenges. The principle of bias-based denial of hurricane protection has been upheld in precedent cases, such as Slater v.
Palm Beach Towers Condominium Association, Inc. (1995),
https://www2.myfloridalicense.com/lsc/documents/volumeone.pdf
where bias-based
denial of hurricane protection led to serious consequences for the association.
9. Associations that constantly reject valid submissions to build up time become burdensome and liable for storm-related damages due to negligence.
10. Furthermore, any refusal to allow necessary hurricane protection or safer, budget-conscious upgrades—especially for vulnerable areas such as exterior non-impact-rated openings containing glass at any section, level, or setting;
ceiling-exposed patios; or unreinforced door openings—compromises the safety and structural integrity of the home and will make the HOA liable for injury or loss during storm events.
11. If a homeowner faces unjustified delays, denial, or discrimination related to the approval of hurricane protection products, they must report the association to the proper enforcement authorities.
A. To mention some of them:
i) Florida Department of Business and Professional Regulation (DBPR): Phone: (850) 487‑1395
Website: www.myfloridalicense.com For Condos and Co-ops: www.myfloridalicense.com/DBPR/condominiums-and-cooperatives
HOA Mediation or Arbitration Inquiries: DBPR Arbitration Section at (850)
414‑6867
ii) Local building permitting code enforcement is handled by your local building permitting division. Find your local jurisdiction: https://pointmatch.floridarevenue.com/Default.aspx
iii) Florida Attorney General – Consumer Protection Division: (1) Phone: (866) 966‑7226.
(2) Website: www.myfloridalegal.com
iv) Alternatively, the homeowner can proceed with private attorneys. B. How to Verify Certified Products:
i) First, identify your property’s jurisdiction (tax district) at your property record card appraisal summary.
(1) Florida Revenue: https://pointmatch.floridarevenue.com/Default.aspx
(Find your jurisdiction). (2) Appraiser Summary:
https://floridarevenue.com/property/Pages/LocalOfficials.aspx (If your address is missing on the revenue records).
ii) FPA - Florida Product Approval (For Areas Out of Miami-Dade County and Broward County - NON HVHZ): https://www.floridabuilding.org/pr/pr_app_srch.aspx
iii) NOA - Notice of Acceptance (For Areas within Miami-Dade County and
Broward County - HVHZ):
https://www.miamidade.gov/building/pc-search_app.asp
IV. Service Areas & Quotation Policy
1. At Hurricane Protection Solutions & Blinds, we are proud to serve all of South and Central Florida, bringing reliable hurricane protection to every community and property, regardless of local jurisdiction or location.
2. Our mission is to provide reliable, certified hurricane protection to all homeowners and businesses, based on the principle that everyone deserves certified and trusted protection and piece of mind.
A. Free Quotations: All quotations are offered completely free of charge.
B. Long-Distance Site Visits: Our trained sales and representative personnel frequently travel extended distances to deliver on-site evaluations, present product samples, and offer expert guidance.
C. Long-Traveling Site Procedures: Some of our installers are not local and have great experience backgrounds in HVHZ regions, traveling long distances to accomplish the goal you deserve.
3. For optimal accuracy, hurricane protection quotes are based exclusively on exterior opening measurements. While Customer presence is not required at the time of the visit for taking exterior measurements, we may proceed in the Customer’s absence only if we have been granted clear and explicit permission to access the exterior areas of the property from around the property. Such permission may be provided verbally, in writing, or implied by the Customer during the quote scheduling process. In all cases, measurements will be limited strictly to the exterior openings whenever possible, and no interior access will be attempted without prior consent and the presence of either the Customer or another individual explicitly authorized by the Customer to grant access on their behalf.
A. Interior measures differ on masonry, obstacles, unit-specific setup, substrate, and final exterior view and appeal.
4. Interior access:
In certain cases where specific dimensions cannot be accurately estimated or matched using visible exterior points, standard construction reference data, or publicly available information (such as city, county, maps, or structural records), direct interior measurement will be necessary. In such situations, the Customer—or an authorized representative—must be present to provide access and assist with the interior measurement process.
5. Interior measurements:
For any units requiring interior access that cannot be measured directly during the exterior site visit, a standard 4-inch margin will be added to exterior-based measurements to account for potential interior vs. exterior finish variance. In addition to this margin, any external structural factors that may impact the product’s dimensions—such as stairs, ledges, doorknobs or similar, trims, or other surrounding obstructions to take into account for a correct covering and product installation—will also be taken into account when estimating pricing and manufacturing requirements.
6. To ensure fair scheduling and operational efficiency for all Customers:
In cases where the Customer is not present when necessary, reschedules multiple times, or otherwise prevents the completion of the on-site quotation (by absence when the Customer, or individuals authorized by the Customer, presence is required; denial of access; or last-minute cancellations), a penalty fee will apply to recover travel and operational costs before future scheduling for the same provided job address for quotation purposes.
7. We appreciate your cooperation and look forward to helping you safeguard your home or business.
V. Quotation Validity:
1. All quotations issued by Hurricane Protection Solutions & Blinds shall remain valid at least 30 days once issued.
2. Once this time has passed, due quotations are subject to review and may be adjusted based on current market conditions if necessary, including but not limited to material costs, labor, manufacturing, and logistics. Price adjustments may result in increases, decreases, or remain constant after renewal.
3. Upon written acceptance of the agreement, the quoted price shall be locked and remain unchanged through project completion. The initial payment may be issued once the project has received approval from the applicable residential jurisdiction, including but not limited to Homeowners Associations (HOA), building departments, or similar
bylaw-governing entities.
4. After expiration, quotations shall be deemed inactive, and the Customer may request a revised or updated quotation.
5. Previous terms are not transferable. The most current version of the Company’s Terms and Conditions in effect at the time of acceptance will apply to new quotes issued or renewed quotes issued after the expiration of a prior quote.
6. No renewed or revised quotations will be provided once a Customer has fully rejected
the original quotation, whether electronically, in person, or by other direct communication.
7. If a quote is canceled during the board approval process by the Customer or before the first payment has been cleared, the HOA will be notified of such cancellation to protect our licensed personnel from possible fraud, theft, or reproduction of forms and licenses (copying or reproducing official licenses constitutes a third-degree felony under U.S. law).
VI. Project Schedule and Deadline Policies
1. Commencement of Installation Procedures: The installation process shall be scheduled within a period of four (4) to eight (8) weeks starting once all necessary
permits required for installation have been secured for approval,
subject to the expedited
need for protective measures if applicable; taking into account reasonable delays as explained further; and installation demand out of or during hurricane season and, upon the Owner’s request, once the unit products are available for delivery and installation. For structure alteration products, such as windows and doors, and electric-powered systems, manufacturing and site preparation timing can be impacted considerably. Installation will commence on the earliest available date once these requirements have been met within the proposed schedule range, subject to any reasonable delays as outlined herein.
2. Installation Scheduling, Notifications, and Customer Availability
A. To ensure operational efficiency and minimize logistical delays, the Company organizes installations based on geographic grouping and executes them in sequential order within a structured project queue.
B. Due to the nature of construction-based services—including variations in product type, dimensions, quantities, site conditions, and installation complexity—specific arrival times cannot be guaranteed in advance. Installation dates are scheduled within designated service windows, and execution may be adjusted based on the progress of prior projects.
C. Customers will receive:
i) A confirmation notice on the Friday prior to the scheduled installation week ii) A reminder on the day before installation
iii) A courtesy notification approximately 30 minutes prior to the installation team’s arrival on the day of service
D. Customer Availability:
i) The Owner is not required to be physically present at the time of installation, provided that access to the property has been properly arranged in advance.
ii) If the Owner elects to be present on-site, they acknowledge and accept that: (1) Installation timing may vary within the scheduled service window.
(2) Delays or adjustments may occur due to prior project conditions or unforeseen circumstances.
(3) The Company cannot guarantee a fixed arrival time.
iii) Customers who choose to be present are advised to maintain reasonable availability during the scheduled installation window.
E. Access and Missed Appointment Policy:
i) If the installation team arrives on-site and is unable to proceed due to lack of access, unavailability of the Owner (when required), or site conditions not ready for installation, the Company reserves the right to:
(1) Reschedule the installation to the next available date within the project queue.
(2) Apply additional service or mobilization fees if applicable. F. Rescheduling and Communication:
i) In the event that scheduling adjustments become necessary, the Company will make all reasonable efforts to notify the Owner in a timely manner using the contact information provided, including phone and email, as well as through the assigned project representative.
ii) Customers will also have access to ongoing project updates and status notifications throughout the process.
3. Installation Site Access Requirement: The Customer shall ensure unobstructed exterior access to the installation site for the entire scheduled installation day, regardless of whether the Customer is present. The Company will advise the Customer of the installation week in advance and confirm the installation day no later than the day prior, subject to reasonable delays, including but not limited to weather conditions or other justified causes, as well as possible earlier installation dates if the project advances in
the queue. Installation schedules operate on a strict queue system; specific arrival times are not fixed or negotiable.
A. Failure to provide required access on the confirmed day, for any reason, will result in rescheduling to the next available day or week available, without liability to the Company for delay.
4. Electric setup procedures for motorized devices are made apart from main installation before and/or after product installation as required for proper unit functioning.
5. On-site electric setting adaptations and setting adaptations are made apart from main installation before and/or after product installation as required for proper unit functioning.
6. Customer Presence:
A. For most exterior-mounting projects—including single-unit installations—all work is performed entirely on the exterior of the property. A standard unit typically requires
25 min to 45 min to install for a team of two experienced installers. So, most projects will likely be done the same day, and you don't need to be home for an exterior job performed exclusively outside the property.
B. However, our crews cannot set exact arrival times because we schedule installation routes in a strict queue based on geographic area and customer proximity, with several installations planned throughout the day. Routes may involve long travel distances, weather-related delays, or other reasonable factors that can affect arrival times, including the crew's right to rest and lunch. You will be informed of your installation week in advance, and the exact installation day will be confirmed the
day before, subject to possible delays such as weather or other reasonable circumstances and thus subject to rescheduling.
C. To keep your project on track and avoid delaying others, it is essential to provide clear, unobstructed access to your property on installation day, even if you are not present, as long as the installation is in exterior areas such as terrace types, pool areas, or similar spaces easily accessible from the exterior where customer presence is not needed. If you can't be there, arrange for an authorized person to be present if interior access is needed.
D. If access is blocked or unavailable for any reason, your installation will be rescheduled to the next available week in the queue, and your installation may be highly delayed. This policy ensures we complete each project efficiently and on time, particularly during high-demand hurricane season.
E. For best scheduling availability, consider starting your project before the beginning of August to avoid peak-season delays and have your products mounted and certified on time. Hurricane season starts on June 1st and ends on November 30th.
7. Interior Access: If interior access is required to start, complete, 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, only the procedures that take place in the interior of the property, 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 communication prior to installation or during the installation.
8. 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: A. Uncontracted Bonds or Non-Requested Site Changes: Any site modifications,
additional requirements, or changes made to the project site that were not agreed upon in the contracted services, including omitted or non-approved changes made prior to the scheduled installation.
B. 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’s ability to access the site.
C. 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.
D. Harassment or Threats: As stated by the Antidiscrimination Policy, stated below. E. Customer Conduct, Installation Control: The Customer acknowledges that all
installation work will be performed exclusively by qualified and authorized personnel of Hurricane Protection Solutions and Blinds. The Customer agrees not to interfere with or direct on-site installers and understands that any such interference may result in delays, additional charges, suspension of work, and/or voiding of applicable labor and manufacturer warranties. All concerns must be communicated through the Company’s designated representative.
F. 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.
G. 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, and other reasonable factors.
H. Aggressive or Unsupervised Animals: The presence of aggressive, uncontained, or unsupervised animals at the installation site, regardless of the danger level they could represent, that may pose a potential safety risk to the Company’s personnel, project safety and performance, or the present animals themselves.
I. 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.
J. 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.
9. Obligations of the Customer: The Customer understands and agrees that delays do not waive their obligation to make payments as stipulated in the contracted services. Specifically:
A. Final Payment: Final payment of the total due contract amount shall be due upon successful completion of the installation or, if applicable, upon completion of final inspection, as required (a final passed inspection is the event that will generate the certificate of completion or approval letter, ready to be downloaded at the work site's respective building permitting jurisdiction online dashboard).
B. Interim Payments: Any interim payments due, such as, but not limited to, financing or internal payment plans, 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 will result in further rescheduling and nonrefundable delay fees and/or suspension of the project.
C. 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 Customer agrees and acknowledges that the Company is not responsible for any costs, inconvenience, or loss incurred by the Customer due to such delays.
D. 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.
10. 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, in goodwill, with a link directed to The National
Weather Channel at "https://weather.com/".
VII. Labor and Manufacturing
1. Permitting: Hurricane Protection Solutions & Blinds will manage the permitting process for applicable projects. All standard building permitting fees required by the local jurisdiction shall be covered by the Company and are included as part of the project cost, unless otherwise stated in writing. The Customer retains the right to independently manage the permitting process, either as a homeowner builder right or through a
third-party licensed contractor not affiliated with the Company.
A. Permitting cost: All costs related to permitting, including fees, documentation, and submission, are charged apart and along with the first payment to start immediate issuance and avoid delays due to permitting.
B. Fees include but are not limited to:
i) General Contractor coordination and application processing. ii) Preparation, review, and handling of required documentation. iii) Notary services, seals, and verified signatures.
iv) Submission, tracking, and administrative management of the permitting process.
v) All standard permitting fees required by the jurisdiction.
C. Proceeding as Owner-Builder ($0.00): If the Customer elects to handle permitting as a homeowner (owner-builder), the Company will provide and submit the necessary application at no cost. This includes any required notary sessions and related document transactions.
i) However, permitting fees due must be covered by the Owner, which are charged and clear by the Company and reflected on the quote.
D. 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 weather-related threats. However, this right does not exempt homeowners from complying 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 meet 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 obligatory for installing removable 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), which are different from structure additions (Sutter Product Types). For
government-related applications on money reimbursement from such programs, an application with a contractor is necessary for presenting the correct documentation certified by the property’s jurisdiction.
E. Permit timeline: Permitting timelines vary by jurisdiction and are controlled by the governmental entities of the property’s project jurisdiction, where the Company has no control over processing and review.
i) The Company:
(1) Will make reasonable efforts to process and expedite permits.
(2) Shall not be held liable for delays caused by municipalities, tax districts, inspection volumes, government processing practices, or other external factors to the Company.
(3) Such delays do not constitute grounds for project cancellation, chargebacks, or payment delays.
F. 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 issuance.
2. Manufacturing: Manufacturing will commence after all permits are issued and may be followed by a final site checkup to confirm the necessary product dimensions and locations.
A. Not full or partial refunds are granted once manufacturing begins.
3. Site Modifications: The Customer must inform the Company of any planned site modifications prior to installation to avoid delays, additional fees, and substantial overall unit pricing 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. Additional charges on unit size and setup changes apply.
4. 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. This includes additional units made due to unknown site changes
caused by the Customer. 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.
5. 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 and no changes were made to the setting, 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.
6. 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 be accommodated during the installation. If the
changes result in the need to manufacture a new unit for replacement, the Customer agrees to cover, additionally on the 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.
7. Installation Personnel & Insurance Coverage:
A. Hurricane Protection Solutions & Blinds maintains full responsibility for all personnel assigned to perform work under this agreement. All installation staff, employees, contractors, and subcontractors engaged by the Company are covered under the Company’s applicable insurance policies and/or valid exemptions as permitted by law, and the Company remains fully responsible for them.
B. The Company maintains appropriate liability coverage, including but not limited to Owners and Contractors Protective Liability (OCP) and/or General Liability insurance, providing protection against claims for bodily injury (BI) and property damage (PD) arising out of project operations performed on the project site not caused by the Owner.
C. Where applicable, the Company and/or its contractors may operate under a valid Workers’ Compensation Exemption Certificate, in accordance with state regulations. Such exemptions are legally recognized and do not diminish the Company’s responsibility for its personnel or its obligation to maintain appropriate liability coverage.
D. The Customer acknowledges that all workers present on-site are authorized by the Company and are operating under its direction, control, and applicable insurance coverage or lawful exemptions. Accordingly, the Company assumes responsibility for its personnel in connection with the performance of the contracted work.
E. All Working Environment and On-Site Expectations policies shall apply.
VIII. Working Environment and On-Site Expectations
1. All Working Environment and On-Site Expectations policies shall apply throughout the duration of the project.
2. The Customer is responsible for maintaining a safe, accessible, and suitable work environment for installation activities.
3. Failure to comply with these requirements, including but not limited to unsafe conditions, restricted access, presence of hazards, or interference with the work, may result in delays, additional costs, or suspension of the project.
4. The Customer shall be held responsible for any damage to the property, project materials, or equipment or for any injury or health-related incident affecting personnel, to the extent such damage or incident arises from or is caused by the Customer’s failure to adhere to these policies, but not limited to other possible reasonable related causes.
5. Customer Conduct, Installation Control & Warranty Protection Policy:
A. The Customer acknowledges that all installation services provided by Hurricane Protection Solutions and Blinds are performed exclusively by trained, qualified, and authorized personnel, fully capable of executing the work in accordance with manufacturer specifications, engineering requirements, and applicable building codes.
B. The Customer acknowledges that all installation services provided by Hurricane Protection Solutions and Blinds are performed by personnel with experience in construction or specialized in the installation of specific products passing inspections in or out of high-velocity hurricane zones (HVHZ).
C. The Company maintains full responsibility for the execution of the work and assumes all liability for its personnel, provided that installation is allowed to proceed without external interference.
D. To ensure the safety, quality, and compliance of the installation process, the Customer agrees and acknowledges the following regardless of owner-builder application:
i) The installation of the units is a priority, and any additional finish will be and can be done or applied by the end of the installation by the present installers or scheduled for completion by the representative or other crew members of the Company to avoid queue delays on other installations.
ii) The Customer shall not interfere with, direct, supervise, or instruct installation personnel during the execution of the work.
iii) The Customer shall keep at least 5 ft of distance from the setting where the crew is performing its work.
iv) The Customer acknowledges that all questions, concerns, or requests must be communicated directly to the Company’s designated representative and not to on-site installers.
v) The Customer acknowledges that all personnel assigned to the project are fully capable and authorized to perform their respective tasks independently under the Company’s responsibility.
vi) Else, the Company reserves the right to stop the installation in its entirety due to safety concerns and apply disciplinary sanctions.
vii) The crew representative must show the Owner how to use all the units before issuing inspection or before last payment, whichever comes first.
E. Any attempt by the Customer or third parties to alter, interrupt, or influence the installation process may:
i) Compromise the structural integrity and code compliance of the installation, ii) Result in delays or additional costs,
iii) Void applicable warranties, including labor and/or manufacturer warranties outlined in this agreement.
F. In the event of interference, the Company reserves the right to:
i) Pause or suspend the installation until proper working conditions are restored.
ii) Remove personnel from the job site for safety and liability protection.
iii) Apply additional service charges for delays, rescheduling, or rework caused by such interference.
iv) Void workmanship and/or manufacturer warranties on any affected portion of the project.
6. Finishing & Caulking Policy:
A. The Customer agrees and acknowledges that:
i) Hurricane shutters are not for water prevention or water control systems but are impact resistance coverings.
ii) The Company shall provide a standard finishing of the installation, which
may include the application of sealant (caulking) at the discretion of the Head Installer or Company Representative, based on field conditions, specific system requirements, and general aesthetic considerations.
iii) Caulking is applied selectively and not as a continuous or comprehensive sealing method for shutter systems, as exterior shutter systems are engineered to function through proper mechanical anchoring and designed drainage, not through full sealant encapsulation.
B. Accordingly:
i) The installer or authorized company representative shall determine the appropriate locations and extent of caulking required to achieve a proper and professional finish.
ii) Sealing of individual fasteners, full perimeter sealing, or complete encapsulation of the system is not included as part of the standard installation scope, unless expressly stated otherwise in writing.
(1) In which case the customer acknowledges that accessible caulk and sealant can produce mold buildup on property structure.
iii) The bottom sections and drainage paths may intentionally remain unsealed to preserve proper water evacuation and system performance.
C. Any request by the Owner for additional or excessive caulking beyond the standard application shall be considered
(1) Optional and aesthetic in nature, not a functional requirement.
(2) Performed only upon request and at the Owner’s sole responsibility and discretion.
(3) Subject to the understanding that such modifications may affect system drainage, ventilation, or long-term performance.
D. The Company shall not be held liable for any performance issues, moisture retention, or unintended effects resulting from additional caulking requested or required by the Owner beyond standard installation practices.
7. The Customer further acknowledges that the project is covered under a labor and manufacturer warranty as stated in the applicable sections of this agreement, which remains valid only if installation is completed under proper conditions and without unauthorized intervention.
8. Animal Safety and Control:
A. The Customer is responsible for controlling animals on the property during all procedures. 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.
B. The Company’s personnel reserve the sole and exclusive right to postpone, decline, withdraw, or refuse to provide any quotation, estimation, or service, as deemed appropriate, if the presence or behavior of an animal creates a threat or if
personnel reasonably feel unsafe, threatened, or hindered in the performance of their duties.
9. 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.
10. 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.
11. 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.
12. 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 of 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.
13. 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, be present during the installation. Our personnel will only provide access to restroom facilities and drinking water upon request. In the absence of an authorized individual, or denied entrance, as
we respect the privacy of our Customers, delays will occur, as the installation personnel will be in need of seeking external alternatives for these amenities, which impacts the project timeline and wherein such needs could happen to any other human being.
14. Anti-Discrimination Policy:
A. The Company is committed to fostering a safe, respectful, and inclusive work environment for all personnel, contractors, representatives, and customers. The Company will not tolerate discrimination, harassment, intimidation, threats, or acts of violence—whether verbal, physical, or otherwise—under any circumstances.
B. 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 will be imposed, the warranty will be voided, and any claims for refunds will be forfeited. Legal action may also be pursued where necessary to address such violations.
C. 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 so. All outstanding obligations must be settled in full before resumption, including any additional charges.
D. 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.
E. 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, and other disciplinary measures as outlined in the Company’s internal rules and policies, depending on the type of infringement.
15. Right to Refuse Quotation Services for Improper Conduct:
A. As a family-operated company, the respectful treatment of our personnel is a core value of our business.
B. Our employees, contractors, and agents are here to assist Customers and to provide their expertise in good faith, including the preparation of free quotations and consultations. We extend these services as a gesture of goodwill, and they should never serve as grounds for mistreating our personnel.
C. If a Customer does not agree with or accept the quotation provided and this terms and conditions, despite the Company’s free services and goodwill, the Customer is encouraged to kindly decline and seek services from another provider who may better fulfill their expectations or standards. Likewise, if at any time the Company’s personnel feel disrespected, threatened, unsafe, or subject to inappropriate conduct, they reserve the right to respectfully disengage and withdraw from providing any quotation, estimation, or service as their seller and dignity right to decline proposals.
D. The Company reserves the sole and exclusive right to decline, withdraw, or refuse to provide any quotation, estimation, or service where a Customer, or any representative thereof engages in behavior that is disrespectful toward the Company’s personnel or where the Company’s personnel reasonably feel threatened, unsafe, or subject to abusive or inappropriate conduct by the Customer.
E. This provision is intended to ensure a safe, professional, and respectful environment for all parties. The exercise of this right by the Company shall not constitute a breach of contract, discrimination, or wrongful refusal of service, but rather a necessary action to protect the integrity, safety, and dignity of our personnel as a family-owned and operated business.
16. 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 proven experience in their trade or have at least five years in a construction background and be capable of understanding NOA and FPA installation instructions or have performed jobs related to hurricane protection on HVHZ. Installers
are required to provide verifiable documentation of their qualifications and expertise prior
to being authorized to perform any company-related work, such as manufacturer certificates, subcontractor licenses, or verifiable letters on time performance with finished job installation proof. This stringent vetting process ensures that all personnel involved in the project execution are both highly skilled and reliable, with the Company providing additional guidance and internal training when necessary.
A. Mutual Respect and Enforcement:
i) This policy applies equally and reciprocally:
(1) Company personnel are prohibited from requesting or storing unnecessary personal identification from Customers, unless it is explicitly required for contract execution, permitting, financing, or similar legitimate purposes for the proper advancement of the project.
(2) Customers, visitors, or affiliated third parties are similarly prohibited from requesting identification from Company employees, contractors, or field personnel without proper legal or contractual grounds.
17. Personnel Identification (Company Representatives)
A. All Company personnel on site will be clearly identifiable by visible
Company-issued ID badges at all times during project execution. Customers and third parties may not request or demand personal identification beyond this Company ID, unless required by law or a formal contractual/legal process at the job’s gate area for reaching the Job.
B. Any concerns regarding personnel identity or authorization must be directed to the Company’s office for verification. Unauthorized requests for additional personal identification may result in full suspension of work and termination of services without reinbursement.
18. Customer Identification (Project & Legal Requirements Only)
A. The Customer agrees to provide valid identification only when reasonably required for official project-related processes, including but not limited to contract execution, building permitting, HOA submissions, financing verification, or notarizable documents.
B. The Company will not request or retain personal identification beyond what is necessary for these legitimate business purposes and will handle all such information in accordance with applicable privacy standards. Failure to provide required identification for these processes may result in delays, inability to proceed, or suspension of the project and permits, with partial refunds.
19. All individuals interacting with the Company are expected to abide by this policy.
Any violation—by either party—will be documented and may result in termination of services, suspension of contracts, or legal reporting, as deemed appropriate.
IX. 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 being fully finished, including permitting, where required, 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 another company or sole individual not 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 additional fees and costs that occurred along the project.
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:
A. 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 or product brands we sell.
B. Customer Responsibility: The customer bears the sole responsibility for maintaining the products in accordance with the manufacturer's guidelines. Any intentional damage, modifications, repairs, or alterations made to the products by anyone other than the Company’s authorized personnel will void the warranty in full.
4. Void Warranty: The warranty for the installed products will be voided in the event of the following:
A. The warranty will be voided if the units sustain damage, regardless of intent, that does not stem from 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 or
permanent unit parts.
i) You must contact the Company for proper relocation or restoration of labels. ii) You must contact the Company for proper inspections to apply the warranty.
E. Any attempt to commit a fraudulent act in order to claim the warranty is prohibited. F. Under God's will, after a disaster, units will perform at their best, but damages
caused from the disaster must be claimed from and covered by your home insurance or others that apply.
5. 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.
6. No Reinstallation Warranty: The warranty provided by Hurricane Protection Solutions & Blinds applies solely to the original installation and performance of the product as
installed by the Company. In the event that the Customer elects to remove, relocate, reinstall, or remount any product after project completion, for any reason other than repairs performed or authorized by the Company, such actions shall void the warranty with respect to the affected components and installation. This limitation does not apply to warranty-covered repairs or service performed directly by the Company under the terms of the original agreement.
7. 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.
8. Project Documentation & Warranty Protection Policy:
A. The Company reserves the right to photograph, document, and maintain records of all work performed for quality control, compliance verification, and warranty protection purposes. Such records will be retained for the duration of the applicable warranty period to prevent misuse or fraudulent warranty claims.
B. All documentation will be handled in a professional manner and used strictly for internal records, project validation, and legal protection.
C. Any attempt to misrepresent, alter, or fraudulently claim warranty coverage will result in the immediate voiding of all applicable warranties. The Company reserves the right to deny claims, terminate warranty coverage, and report such actions to the appropriate authorities.
9. Event of Natural Disaster:
A. It is the exclusive right of the Customer to determine whether or not to implement hurricane protection measures for their property. Hurricane shutters and related protection systems supplied by the Company represent an additional and highly effective step in safeguarding residential and commercial structures against hurricanes and other storm-related disasters. Customers may also, at their sole discretion, seek complementary protective measures through other qualified professionals, such as reinforcing or replacing the roof, evaluating the overall structural integrity, or making other property improvements to further mitigate potential risks.
B. Hurricane shutters are specifically engineered to reduce the risk of property
damage by serving as a barrier against wind-borne debris and high wind pressures. However, because every property is unique—varying in age, construction methods, and structural integrity—and because storm conditions differ in intensity and duration, it is not possible to guarantee absolute protection, even when events
occur within certified design limits. Repeated or forceful impacts from airborne debris, or structural weaknesses in the building itself, may still result in damage.
C. If hurricane protection products sustain damage during a storm while serving their intended function of shielding property openings, such damage shall not constitute a defect or failure, but rather evidence that the products have performed their protective role. Hurricane protection products, as well as roof or other upgrades, are precautionary measures designed to mitigate risks, not eliminate them.
D. These products are engineered and tested in accordance with applicable
standards, certifications, and specifications, including, but not limited to, the Florida Department of Business and Professional Regulation (DBPR) Notice of Acceptance (NOA), the National Accreditation & Management Institute (NAMI), and other recognized agencies, as referenced on the product labeling and supporting documentation. While they provide a critical layer of defense, no product, manufacturer, or structure can assure complete prevention of property damage under extreme or unforeseen conditions.
E. Accordingly, any loss or damage to property, structures, or product units must be addressed through the Customer’s homeowner’s insurance or other applicable coverage. The Customer bears sole responsibility for filing claims for repair, replacement, or reimbursement directly with their insurance provider, as the Company does not assume liability for damages arising from natural disasters for the certified installed products.
10. Hold Harmless and Indemnification
A. By purchasing, accepting, or using the Company’s products, the Customer expressly agrees to hold harmless, defend, and indemnify the Company, its officers, employees, agents, affiliates, dealers, manufacturers, and subcontractors, from and against any and all claims, demands, liabilities, losses, damages, costs,
or expenses (including attorneys’ fees) arising out of or related to property damage, personal injury, or other losses resulting from natural disasters, extreme weather events, or any conditions exceeding the certified design parameters of the
products. The Customer acknowledges and accepts that design limits and performance capacity may fluctuate depending on the structure type, construction
materials, and age of the property, all of which are outside the Company’s control, and any damages related must be claimed from the property’s insurance.
X. Documentation and Permits
1. Permitting Options and Responsibilities:
A. Customer-Managed Permitting:
If the Customer opts to handle permitting independently with a third party or as an Owner-Builder, the Company is not liable for any delays or issues arising from the process, including errors in submitted paperwork.
B. Company-Supported Permitting:
i) 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.
ii) For properties governed by a Homeowners Association (HOA), Architectural Review Committee (ARC) package documents will not be prepared or shared until the Customer has formally accepted the quote. This ensures
accuracy and avoids delays in documentation for unconfirmed projects. Take into account that a month has passed; prices may change individually by unit size due to inflation, labor, parts, and manufacturing.
iii) The Customer may choose to proceed with the initial down payment only after receiving formal HOA approval, unless otherwise agreed in writing. This allows customers to confirm HOA compliance before financial commitment while securing the quote terms and proposed project scope.
iv) Quoted pricing will remain valid at this stage, but only for the specific opening sizes and dimensions listed in the accepted quote. Any subsequent changes to scope, measurements, and listed units will result in a revised quote.
C. 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.
D. Project Documentation Access:
All project-related documents, including agreements, updates, and relevant records, will be promptly uploaded and maintained within the Customer Portal. The Customer may access, review, and download these documents at any time throughout the duration of the project.
E. Permitting Status Transparency:
The status of all building permits associated with the project is monitored directly through the official website of the applicable local jurisdiction. The Customer may search using the project address or the assigned permit number, as issued by the corresponding Building Department or governing authority.
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. Homeowner rights within private jurisdictions: If an HOA engages in illegal conduct—such as fraud, discrimination, fund misappropriation, or violations of Florida Statutes (such as those mentioned above)—homeowners must file complaints with
the Florida DBPR, local government, or building departments, and/or pursue action in civil court to challenge unenforceable rules.
4. Work Site Photographs: The Company reserves the right to photograph the project installation site, limited only to the installed product units’ reference for documentation and marketing purposes, ensuring, by available image software tools, that no identifying details such as the full property address or the property’s residents’ information are
exposed and limited only to the installation area, excluding all data gathered or submitted on the public records for the issuance of the required permitting.
XI. Standard Applicable Payment Schedule
1. The following payment structure is standard and shall apply unless an alternative payment schedule is expressly agreed to in writing and set forth elsewhere in the quote, in which case such alternative schedule shall prevail.
2. Initial Procedure — $0.00
A. No payment is required at the time of signing for the purpose of preparing
HOA/ARC documentation, if applicable.
B. The Owner remains solely responsible for submitting all HOA/ARC documentation in accordance with the applicable association’s bylaws and requirements.
i) However, in cases where the Owner is reasonably unable to complete such submission due to age, disability, or other limitations, the Company may, at its discretion, provide reasonable assistance upon request.
ii) Such assistance shall not transfer responsibility for approval outcomes, timelines, or compliance requirements imposed by any HOA, association, or governing authority.
3. Project Deposit — $X (50%) + Permitting and Regulatory Costs
A. The Project Deposit, representing fifty percent (50%) of the total project amount (including labor, manufacturing, and any applicable permitting or regulatory costs), shall be due as follows:
i) Upon HOA approval, if applicable; or
ii) Upon written authorization to proceed, where HOA approval is not required. B. No materials shall be ordered, nor scheduling initiated, until the project deposit has
been received and cleared and all related permits have been approved.
4. Pre-Installation Material Delivery Payment — $X (37%)
A. This payment shall become due immediately upon delivery and placement of the contracted products at the project site and prior to commencement of installation.
B. If all contracted units are not yet present on site, the payment shall be calculated proportionally based only on the units delivered and available for installation at that time. Undelivered units shall not be charged until placed on site.
C. Delivery and placement of products on site shall constitute fulfillment of the
Company’s delivery obligations for the applicable units.
5. Final Payment — $X (13%)
A. The remaining balance shall be due upon the earlier occurrence of the following events:
i) Successful final inspection and/or issuance of a Certificate of Completion
(COC), if applicable; or
ii) Completion of installation in cases where permits and inspections are not required.
B. The Company shall remain responsible for completing all corrective work reasonably required to obtain final inspection approval, including applicable inspection retrials directly related to the contracted scope of work.
XII. General Applicable Payment Terms
1. The following payment terms are bonded to all proposed payment schedules.
2. Payment Plans: If applicable, payment plan terms will be detailed in the customer’s quote and confirmed in a payment schedule. All installment payments must be made in full and on time according to the agreed-upon schedule. Failure to make payments as scheduled may result in penalties, suspension of work, rescheduling of services, or additional fees as outlined in the agreement. Adherence to the payment schedule is required to avoid delays in project completion and to maintain the agreed pricing and terms.
3. Third Party Fees: The Customer is responsible for any homeowner association (HOA) fees related to the project and other fees imposed by the property jurisdiction nonrelated to the proposed project units.
4. Payment Service Fees: Please note that ACH (Automated Clearing House) payments processed through the Company’s active invoicing platforms may be subject to different processing fees, which vary based on the payment method and current bank transaction rates. Any applicable bank or processing fees are the responsibility of the Customer.
A. Once charged, the 3% service fee, which is mandatory for card-based transactions, is non-refundable and non-claimable. ACH fees, where applicable, will differ from card type and bank processing fees.
B. The Customer agrees that if the customer wishes to avoid additional fees for processing on cards, there are other payment types they can try (cash, check, Zelle transfers, among others).
5. Refunds & Lien Rights: All project payments are non-refundable once manufacturing, permitting, or material procurement has begun. Cancellations requested before production starts may be refunded only after deducting actual incurred costs (including, but not limited to, engineering, or administrative processing). Deposits are refundable only within three (3) calendar days from the date of execution, subject to deduction of such costs; after this period, only a partial refund may be available depending on expenses incurred. If an agreement were ever to qualify as a “home solicitation sale” under Florida Statutes §501.021 or the FTC Cooling-Off Rule, the Customer would retain a three (3) business day unconditional right to cancel for a full refund as required by law. After that statutory period, deposits are non-refundable. Final balances—including any installments under a payment plan—must be paid in full, and any unpaid sums are subject to the Florida Construction Lien Law (Chapter 713, Florida Statutes), which entitles the Company to secure payment by filing a lien against the Customer’s property until all amounts due are satisfied.
6. Inspection, Cooperation, and Payment Enforcement
A. The Customer agrees to cooperate in good faith with all inspection-related requirements, including but not limited to:
i) Providing access to the property;
ii) Being reasonably available for scheduling;
iii) Assisting in coordination with any applicable HOA, building department, or governing authority.
B. Inspection scheduling, approvals, and issuance of a Certificate of Completion (COC) are controlled by third-party governmental authorities and are outside the Company’s control.
C. Accordingly, delays not caused by the Company shall not constitute a breach of contract nor valid grounds for withholding payment beyond a reasonable timeframe.
7. Customer-Caused Delays
A. The Company shall be deemed to have fulfilled its obligations upon substantial completion of the work in the event that final inspection is delayed, prevented, or denied due to the Customer’s action or inaction—including but not limited to the following:
i) Failure to provide access;
ii) Failure to schedule or coordinate inspection;
iii) Unavailability;
iv) Failure to comply with applicable requirements;
B. Under such circumstances, the Company reserves the right to demand immediate payment of the remaining balance upon demonstration that the project is complete and ready for inspection.
C. The Customer shall not unreasonably withhold or delay payment based on inspection status when such delay is attributable, in whole or in part, to the Customer.
8. Additional Costs
A. Any reinspection fees, additional costs, penalties, or delays resulting from Customer-related causes shall be the sole responsibility of the Customer and must be paid along with the final payment.
9. Job Projects Requesting Shipping: All projects not requiring installation for simple material shipping will require a 100% deposit for the whole order before being placed for
manufacture.
10.
XIII. Non-Payment Terms
1. Late Payments: Failure to remit payment within 7 days from the installation start date or payment due date on the 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 in its totality, as stated by Florida's Construction Lien Law.
3. Lien on Customer's Property Due to Non-Payment: In the event that the Customer fails to make full payment for services rendered, labor provided, materials supplied, or outstanding fees, 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.
XIV. 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.
XV. 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.
2. All installation documentation for product units is clear, comprehensive, and meets the standards approved by the Florida Department of Business and Professional Regulation.
3. Each product complies with the state’s Notice of Acceptance and is engineered and certified to provide effective, reliable protection.
A. 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).
4. Correct Application: For a property to be fully protected, it is recommended that all units containing non-impact-rated glass be covered with certified products, but under Florida law, the Owner has the right to cover what they consider secure.
5. Permit Documentation: The Customer may choose to handle permitting or may opt for the Company’s assistance at an additional cost.
6. Project Timeline: The contract for the services concludes upon the first day of installation or passed inspection depending on the deed for a permit. Past due payments will result in additional fees. Continuing to fail upon installation will result in legal action and cumulative fees.
XVI. Institutional Independence
1. 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 with these processes as homeowners may expedite the verification and approval process.
2. 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.
XVII. 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, and their licenses and status can be verified at the Florida Department of Business and Professional Regulations (DBPR).
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.
A. By agreeing to the present terms and conditions, the Customer commits to:
i) Ensuring that only certified entities, legally permitted to process this type of information, receive access to it.
ii) Refraining from sharing, altering, or disseminating any sensitive contractor information with unauthorized parties.
XVIII. Confidentiality
1. The Company is committed to safeguarding the confidentiality of all information provided by the Customer. Such information will only be used for the purpose of fulfilling contracted services and will not be disclosed to third parties except as required by law or as necessary to perform the agreed-upon work (e.g., to subcontractors, suppliers, or permitting authorities directly involved in the project).
2. Likewise, the Customer may become aware of confidential and proprietary business information belonging to the Company or its contractors, including but not limited to product designs, technical plans, installation methods, pricing structures, internal systems, and personal or business contact details. The Customer agrees to treat all such information as strictly confidential and not to disclose, reproduce, or use it for any
purpose other than the receipt of services from the Company.
3. Any disclosure, distribution, or misuse of confidential information—whether intentionally or unintentionally—without the prior written consent of the Company or the affected individual(s) is strictly prohibited and may result in legal action. This obligation of confidentiality remains in effect both during and after the completion of services.
XIX. Miscellaneous
1. Authority: Each party has the right to enter into this agreement and perform its obligations.
2. Assignment: Neither party may assign this agreement without the express written consent of the other party.
3. 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.
4. 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.
5. Counterparts: This agreement is executed electronically and agreed to remotely or in person and will be binding on both parties.
6. Attachments: Any photos or images referenced in the quoted services may be attached to the agreement for reference and records of both parties.
7. 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 partners'
and manufacturers' intellectual property is prohibited. Additionally, the Customer does not own any assets, including phone numbers, provided by the Company for service delivery.
8. 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. The 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.
9. To maintain an efficient submission and completion, all formal agreements under Hurricane Protection Solutions & Blinds LLC are agreed to and filled out electronically remotely or in person. The Customer can request a physical or printable copy at any time.