PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEB SITE (THE “SITE”). THE TERMS GOVERN YOUR USE OF THE SITE AND ARE BINDING BETWEEN YOU AND A BETTER GUTTER CLEANING, INC. YOUR USE OF THE SITE MAY ALSO BE SUBJECT TO TERMS AND CONDITIONS CONTAINED IN SEPARATE WRITTEN (INCLUDING ELECTRONIC) AGREEMENTS BETWEEN YOU AND A BETTER GUTTER CLEANING, INC. WITH RESPECT TO SPECIFIC PRODUCTS AND SERVICES OFFERED BY A BETTER GUTTER CLEANING, INC.
This policy is effective from 5th of May, 2013.
Use of the Site
By accessing the Site, you warrant and represent to A Better Gutter Cleaning, Inc. that you are legally entitled to do so and to make use of information made available via the Site. Your use of the Site constitutes your full legal acceptance of the Terms contained herein.
Protocol and Security
Your connection to www.guttercleaningcharlotte.com is encrypted with 128-bit encryption. Specifically, www.guttercleaningcharlotte.com is hosted entirely over HTTPS. You are responsible for the manner in which your web browser uses, or does not use, the HTTPS protocol on the Site. Your use of the Site is exclusively at your own risk and the Site is provided to you AS-IS WITHOUT WARRANTY OF ANY KIND.
Scheduling Service via the Site
There are different ways that you can schedule service with A Better Gutter Cleaning, Inc.:
1. You may be sent an email with a link back to a page on the Site which will allow you to schedule your own service.
2. You may login to your account on the Site and schedule a service.
3. You may call or email us directly and schedule a service.
Scheduling a service is defined as clicking on the "BOOK IT!" button or "SCHEDULE IT!" button on any page of our website or via any email we send you.
BY SCHEDULING A SERVICE YOU AGREE TO THE FOLLOWING PROCESS AND CHARGES
Once you have scheduled service with us via the Site, you have started a process which will result in a service truck being sent to the address you have provided us or that we have on file already, and there will be charges associated with our vehicle arriving at your house. You will be sent a confirmation email once you have scheduled stating the detailed scheduling process, your contact information, and the cost of the service. A Better Gutter Cleaning uses best practice for email deliverability; however we are not responsible for emails not being delivered, or ending up in your SPAM box. Your service will still be completed even if you do not receive our emails. If the email we send you bounces back to our servers, we will be notified, and we will call you to get a correct email address or different email address. You are responsible for providing this updated information in a timely manner. You are responsible for all charges generated from a truck arriving at your address. IF YOU SCHEDULE A SERVICE VIA THE SITE, IT WILL BE COMPLETED, AND THERE WILL BE CHARGES ASSOCIATED A TRUCK ARRIVING AT YOUR ADDRESS. YOU ARE RESPONSIBLE FOR CANCELLING ANY SERVICE YOU REQUEST VIA THE SITE AND YOU AGREE TO PAY ALL CHARGES ASSOCIATED WITH A SERVICE VEHICLE ARRIVING AT YOUR HOUSE. WE WILL EMAIL YOU BEFORE WE COME OUT FOR THE SERVICE, HOWEVER EVEN IF YOU NEVER RECEIVE ANY EMAIL FROM US, AND WE CANNOT VERIFY THAT YOU HAVE CANCELLED THE SERVICE VIA EMAIL OR PHONE, AND A SERVICE VEHICLE ARRIVES AT YOUR ADDRESS, YOU AGREE TO PAY THE SERVICE CHARGES LISTED IN ITEM NUMBER 2 AND/OR ITEM NUMBER 6 BELOW.
1. You are responsible for making sure that the information you have given us is accurate. If the information in the confirmation email we send you is incorrect, you must call us at (704) 271-4481 to make the appropriate changes. In addition, if you never receive a booking confirmation email, you should call us so that we can look into the problem and make sure that you are scheduled for a service call.
2. You may cancel your pending service at ANY TIME BEFORE one of our trucks arrives at your address and you will owe us nothing. However, by scheduling service you agree that if you cancel the service AFTER a truck arrives at your address, you will pay a trip charge of $125.00 even though no work was done at your property.
3. You agree to be notified VIA EMAIL, THE DAY BEFORE we come to your address for the service call.
4. You agree that if you are not home for the service to pay via credit card, either over the phone or on our website, before the end of the following day after the service is completed.
5. You agree to pay the crew foreman with a check or credit card after the service is completed if you are at the address.
6. If you have scheduled gutter cleaning service you agree that if our crew arrives at your address and there is little or no debris in your gutters, we will still go through the gutter cleaning process of getting set up, accessing the roof, blowing out the gutters, and checking the downspouts for clogs, and the entire gutter cleaning service fee will be due and you agree to pay that fee.
7. Typically, from the time that you schedule a service with us and the day it is completed is BETWEEN 1 to 10 business days and business days are Monday – Friday. Weather can severely delay this waiting process. We will attempt to notify you of delays, but do not guarantee to do so. If your service is delayed beyond the 10 business day waiting period, you service IS NOT CANCELLED and WILL STILL BE COMPLETED along with the email notification the day before. We will still be working towards a day for the service and you are still responsible for cancelling the service call if necessary. We are always available via telephone M-F 8-5 or via our contact form on the Site.
8. You agree to the following scheduling process listed in the Detailed Scheduling Information section below, regardless of whether or not you receive an email stating the same.
DETAILED SCHEDULING INFORMATION:
Dear Example Name, You are now on our active schedule to have your gutters serviced in the next few days. Please carefully read the steps below so that you will be aware of the process we use to get this done for you. The gutter service will be completed sometime between tomorrow and 10 business days from now. Weather can delay this 10 day period, however this is rare. Going beyond the 10 day period does not cancel the service. We will EMAIL YOU THE DAY BEFORE we are coming out with an approximate 2 hour time window of service on the following day (i.e.: 11-1, etc). No response is required and we will come out on the day specified in the email which is typically the next day. IF YOU NEED TO CANCEL OR POSTPONE A SERVICE, PLEASE LET US KNOW SO THAT NO CHARGES ARE GENERATED BY A CREW ARRIVING AT YOUR PROPERTY. You are not required to be home for the service. If you are not home we will leave an invoice in the mailbox. You will also receive an invoice via email and you can pay online with any credit card. If you are home, please pay the crew foreman with a check or credit card. If we have any questions while at your house, and no one is home, we will call you at the numbers you have provided us.
When you visit the Site or send e-mails to A Better Gutter Cleaning, Inc., you are communicating with A Better Gutter Cleaning, Inc. electronically. You consent to receive communications from A Better Gutter Cleaning, Inc. electronically. A Better Gutter Cleaning, Inc. may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that A Better Gutter Cleaning, Inc. provides to you electronically satisfy any legal requirement that such communications be in writing.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. A Better Gutter Cleaning, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Site are registered and unregistered trademarks of A Better Gutter Cleaning, Inc. and other third parties. Nothing contained on this Site should be construed as granting any license or right to use any trademark without the prior written permission of A Better Gutter Cleaning, Inc. or the owners of the third party marks.
External links may be provided for your convenience, but they are beyond the control of A Better Gutter Cleaning, Inc. and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
Your use and browsing of the Site is exclusively at your own risk and the Site is provided to you AS-IS WITHOUT WARRANTY OF ANY KIND. A BETTER GUTTER CLEANING, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED HEREIN. A BETTER GUTTER CLEANING, INC. EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE.
Disclaimer of Liability
A Better Gutter Cleaning, Inc. shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Site, any information contained on the Site, your or your company’s personal information or material and information transmitted over our system. In particular, neither A Better Gutter Cleaning, Inc. nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Conflict of Terms
If there is a conflict or contradiction between the provisions of these Site Terms and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Site shall prevail in respect of your use of the relevant section or module of the Site.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Use of this Site shall in all respects be governed by the laws of the state of North Carolina, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in Mecklenburg county, North Carolina, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Refunds and Returns
If you are unsatisfied with any of our services we will possibly issue you a refund or partial refund based on the circumstances and only at the approval of A Better Gutter Cleaning, Inc. management. If a refund is to be issued, your refund will be processed within 5 business days. For credit card refunds please allow another 2 to 4 business days for the credit to post to your credit card account, and an additional 1 to 2 billing cycles for the credit to appear on your billing statement as each bank's processing time varies. If you originally paid via cash or check, we will issue a check refund via USPS. Please allow an additional 2 to 4 days beyond processing for the check to be mailed.
If you discover a link on the Site that is not active or other information that you believe is out of date, we invite you to submit this information to us.
If A Better Gutter Cleaning, Inc., in its sole discretion, determines that a violation of the Terms has occurred, A Better Gutter Cleaning, Inc. may pursue any of its legal remedies. However, the failure of A Better Gutter Cleaning, Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
In the event that any provision of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
A Better Gutter Cleaning, Inc. is committed to providing the best possible experience for users of the Site. If you observe material or behavior that may violate one of the Terms, including without limitation material that you believe may be infringing another's rights, please contact us.
How to contact us