Terms and Conditions
Contract and Payment
By signing below, you agree to the terms of this proposal and will enter a contractual agreement with Simply Smart Homes (SSH) for products and services rendered. You acknowledge SSH has the necessary qualifications, experience, and abilities to provide the above services. Invoices submitted by SSH are due within 30 days of receipt. Invoices past 15 days will be subject to a $35 late fee per month until fully paid.
Warranties and Returns
All products installed by SSH are designed and produced by third parties and all warranties come directly from their respective manufacturers. In the case of defective products or "lemons", SSH will return your purchased products within 30 days of estimate acceptance on your behalf and install their replacement devices for you free of charge or else refund the corresponding amount to you if device replacement is not possible. After 30 days, customers will be responsible for all product returns, while SSH will be available to install any replacement devices at our standard hourly rate.
By signing below, you give permission to SSH to take and use before, during and after photographs and videos of all work agreed to above. You acknowledge that all photographs/videos taken by SSH become the property of SSH. You authorize SSH to edit, alter, exhibit, publish or distribute these photos/videos for purposes of publicizing SSH or for any other lawful purpose. You understand it is Simply Smart Homes's intention to upload this media to its Facebook page, website or any other lawful social media outlet. Note: We will not share any personal information in these photos/videos (i.e. street address, phone number, email, etc.).
Exclusions for Consequential Damages
In no event shall either Nick Bock nor SSH be liable to the other party for any punitive, general, consequential, or indirect damages, including damages for lost profits.
Should SSH be unable to fulfill its contracted duties due to an ‘Act of God’ or other circumstances out of Nick Bock or SSH’s control, it is agreed that the Contract may be terminated without penalty or further cost to either Nick Bock or SSH. Should partial services or related expenses to in-process work for Contract have occurred, Nick Bock agrees to pay for all reasonable costs involved in the partially completed Contract. “Reasonable Costs” include hardware, software, labor, interest, and average profit at SSH’s discretion that is directly related to the contracted work.
Nick Bock shall indemnify and hold harmless SSH from any claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, including all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death, caused by any acts, omissions, or negligence on the part of SSH, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes the payment of all penalties, fines, judgments, awards, attorneys’ fees, and related costs or expenses.
In the event any disputes or controversies arise between Nick Bock and SSH, then the parties agree to waive their right to litigate these issues in court and instead elect to have these disputes resolved through third-party arbitration. The parties agree that any disputes are to be arbitrated through the American Arbitrations Association and that the parties agree to abide by the rules of the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration shall be issued in writing and the arbitrator shall be mutually selected pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any arbitration award may be confirmed in the court of competent jurisdiction.