1) Acceptance of Terms
These User Terms (“Terms”) govern your access to and use of the website, communications, estimates, proposals, and renovation services provided by Brilliant Renovation LLC (“Brilliant Renovation,” “we,” “us,” or “our”). By using our website or engaging us for services, you agree to these Terms and our Privacy Policy.
2) Eligibility & Service Area
You must be at least 18 years old and able to form a binding contract to request or purchase services. We primarily serve New York City and surrounding areas; service availability may vary.
3) Accounts, Accuracy & Communication
- Information accuracy: You represent that all information you provide is true, accurate, and complete.
- Communication: You consent to receive communications via email, text, or phone regarding inquiries, scheduling, and project updates.
- Records: We may maintain records of proposals, approvals, and change orders for our legitimate business purposes.
4) Estimates, Scope & Changes
- Estimates are good-faith assessments based on available information and may change due to site conditions, code requirements, or material availability.
- Scope is defined in the written proposal or contract. Work outside that scope requires a written Change Order that may affect price and timeline.
- Unforeseen conditions (e.g., hidden plumbing, electrical issues, structural defects, hazardous materials) may require additional work and costs.
5) Pricing, Deposits & Payments
- Deposits may be required to secure scheduling and materials.
- Payment schedule (e.g., milestones or progress billing) will be identified in the proposal or contract.
- Late payments may incur fees, interest, project pauses, or termination after notice.
- Taxes & fees are your responsibility where applicable.
6) Scheduling, Access & Site Conditions
- Access: You are responsible for providing safe, timely access to the jobsite and common areas, including elevators and loading zones.
- Site readiness: You agree to prepare the work area (e.g., clearing personal items) unless prep is included in scope.
- Delays: Weather, building restrictions, supply chain issues, or other events outside our control may affect timelines.
- Protection: We take reasonable care to protect adjacent areas; minor wear consistent with renovation work may occur.
7) Permits, Code & Approvals
- We perform work in accordance with applicable building codes and regulations. Certain projects may require permits or approvals.
- Responsibility for obtaining permits will be specified in the contract (us, you, or architect/expediter). Associated fees and delays may affect schedule and cost.
8) Materials, Substitutions & Supply Constraints
- Specified brands, finishes, or SKUs may be substituted with functionally equivalent options if unavailable, with reasonable notice to you.
- Owner-furnished materials must meet specification and be available on schedule; storage and handling risks may apply.
9) Warranty & Remedies
Limited workmanship warranty: Unless otherwise stated in a signed agreement, we warrant our workmanship for one (1) year from substantial completion against defects arising from workmanship under normal use. Materials are covered by their manufacturers’ warranties.
- Warranty excludes normal wear, misuse, owner-furnished items, and damage from third parties or underlying conditions.
- Your exclusive remedy is repair or reasonable re-performance; if not feasible, a prorated refund of the affected portion may be offered.
10) Intellectual Property
All website content, branding, and documentation we provide are owned by Brilliant Renovation or our licensors and protected by law. You may not copy, modify, or distribute our content without permission.
11) User Content & Reviews
If you submit testimonials, images, or reviews, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for marketing and portfolio purposes, subject to our Privacy Policy and any written restrictions agreed with you.
12) Prohibited Uses
- Interfering with website security or attempting to access non-public systems.
- Posting unlawful, defamatory, or infringing content.
- Using the Services to violate building rules, codes, or laws.
13) Termination & Suspension
- We may suspend or terminate services for material breach (e.g., nonpayment, unsafe site conditions) after notice and a reasonable cure period where required by law or contract.
- Either party may terminate as permitted by the signed contract for convenience or cause, subject to payment for work performed and costs incurred to date.
14) Disclaimers
EXCEPT AS EXPRESSLY SET OUT IN A SIGNED AGREEMENT OR IN SECTION 9 ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRILLIANT RENOVATION BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, DATA, OR USE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SPECIFIC WORK GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT.
16) Indemnification
You agree to defend, indemnify, and hold harmless Brilliant Renovation and our personnel from and against claims, damages, and costs arising from (a) your breach of these Terms or applicable law; (b) your negligence or willful misconduct; or (c) materials you supply that cause damage or delay.
17) Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. The parties will first attempt to resolve disputes through good-faith negotiation. If unresolved within 30 days, disputes shall be brought in the state or federal courts located in New York County, New York, and the parties consent to personal jurisdiction and venue there. Nothing prevents either party from seeking injunctive relief for misuse of intellectual property or breach of confidentiality.
18) Changes to the Terms
We may update these Terms from time to time. Material changes will be effective upon posting an updated version with the “Effective date” above. Your continued use of the Services after changes become effective constitutes acceptance.
20) Miscellaneous
- Entire Agreement: These Terms and any signed project agreement constitute the entire agreement and supersede prior discussions.
- Severability: If a provision is unenforceable, the remainder remains in effect.
- Waiver: Failure to enforce a provision is not a waiver.
- Assignment: You may not assign your rights without our prior written consent; we may assign in connection with a business transfer.
- Force Majeure: We are not liable for delays or nonperformance due to events beyond our reasonable control, including weather, labor disputes, or supply chain disruptions.