Upstates Handyman – Terms of Service

 Last Updated: November 27th 2025

 IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION

 WAIVER.

 By requesting or accepting services from Upstates Handyman (“Company”), you agree to resolve all disputes

 exclusively through binding arbitration.

 1. Acceptance of Agreement

 By doing any of the following, you enter a legally binding contract with the Company:

 • Contacting us via phone, text, email, website, or social media

 • Clicking “Accept,” “Agree,” or similar on our website or digital forms

 • Receiving a link to these Terms and proceeding with service

 • Scheduling an appointment

 • Signing a contract with the Company

 • Permitting work to be performed

 • Making any payment

 This Agreement is enforceable under:

 • New York State Law

 • NY General Obligations Law § 5-701

 If you do not agree, you must reject these Terms in writing before any work begins. Failure to reject constitutes full

 acceptance.

 2. Services Provided

 Upstates Handyman provides general home and commercial property services, including but not limited to:

 • Custom Deck Design & Build

 • Mobile & Modular Home Services

 • Fence Installation & Repair

 • Home Renovation & Remodeling

 • Tile & Flooring Installation

 • Window & Door Installation

 • Winter Prep & Property Care

 • General maintenance

 • Related property improvement tasks

 All services are performed “AS IS,” without warranty.

 3. Right to Refuse or Terminate Service

 We may refuse, delay, or terminate service due to:

 • Unsafe or unsanitary conditions

• Hostility, aggression, or harassment

 • Inaccurate or incomplete project details

 • Code violations

 • Hazardous property conditions

 • Discovery of hidden risks or structural issues

 • Nonpayment

 • Interference by tenants, guests, or third parties

 • Any law-enforcement activity, police investigation, criminal investigation, or crime-scene designation at or near the

 job site

 • Customer requests, recommendations, or instructions that conflict with the Company’s professional standards

 regarding safety, structural integrity, proper repair methods, or the overall integrity of the project

 If the customer insists on work being performed in a manner the Company determines to be unsafe, structurally

 unsound, or inconsistent with accepted industry practices, the Company may refuse or discontinue service at its sole

 discretion.

 If service is refused, delayed, or terminated for any of the reasons above:

 • All hours originally scheduled or agreed upon remain fully billable, including travel time, reserved technician time,

 and administrative scheduling time.

 • Any purchased materials will be refunded only if they were not used, remain new and undamaged, and no related

 work has begun.

 Labor performed before termination remains fully billable.

 4. Pricing, Estimates & Payment

 All quotes are estimates only.

 Jobs may involve unknowns or unforeseen conditions that change pricing.

 Customers will be notified of revised pricing and must approve it before continuation.

 If the customer refuses updated pricing after initial work is performed, the customer must pay:

 • All labor already performed under the first approved quote

 • All used material costs

 Unused materials are refundable only if:

 • No related work has begun, and

 • The materials remain new and unused

 Final pricing is determined during or after job completion.

 Payment is due immediately upon completion.

 Late payments accrue 1.5% monthly interest.

 Purchased materials remain Company property until paid in full.

 5. Mechanic’s Lien Rights (New York State Law)

The Customer acknowledges that under New York Lien Law, Upstates Handyman has the legal right to file a

 mechanic’s lien against the residence, building, or property where labor, services, or materials were provided if payment

 is not made in full when due. Failure to pay any invoice, outstanding balance, or approved work order may result in the

 filing of such a lien.

 The Customer agrees to be responsible for all reasonable costs associated with preparing, filing, enforcing, or

 discharging a mechanic’s lien, including attorney’s fees, administrative charges, filing fees, and any other expenses

 permitted under New York law. Nothing in this Agreement limits or waives the Company’s statutory rights to secure

 payment through a mechanic’s lien or other legal remedies.

 6. Customer Responsibilities

 The customer agrees to:

 • Provide an accurate job-site address

 • Provide accurate job details

 • Ensure clean, unobstructed work areas

 • Disclose hazards (electrical, plumbing, mold, pests, asbestos, etc.)

 • Secure pets, children, and unrelated individuals

 • Obtain permits if required

 • Remove fragile items and valuables

 The customer assumes all risk from undisclosed or pre-existing conditions.

 7. Property Damage Waiver

 Because surfaces, studs, and materials vary:

 • Minor incidental damage (dust, scratches, small cracks, paint chips) is not covered

 • The Company is not responsible for hidden or pre-existing conditions

 • Customer-provided materials are used at the customer’s risk

 • Unsafe installation locations may be refused

 The customer’s sole remedy for proven direct negligence is limited exclusively to the service fee paid.

 8. Subcontractors

 The Company may subcontract work. Subcontractors are independent. The Company is not responsible for

 subcontractor licensing, insurance, or workmanship.

 9. Referral Network Disclaimer

 Any referred specialists (electricians, plumbers, HVAC, etc.) are independent.

 The Company does not guarantee their pricing,licensing, or work.

10. LIMITATION OF LIABILITY

 A. Maximum Liability

 Liability is strictly limited to the amount paid for the specific service.

 B. No Liability For:

 • Indirect, incidental, special, or punitive damages

 • Hidden or unknown conditions

 • Customer-provided hardware or instructions

 • Pre-existing damage

 • Loss of income, use, business, or time

 • Issues arising after customer modification

 C. No Warranty

 All implied warranties are disclaimed.

 11. Photo & Job-Site Documentation

 We may record or photograph job sites for:

 • Documentation

 • Fraud prevention

 • Quality control

 • Training

 No marketing use will occur without written or verbal consent.

 12. INDEMNIFICATION & FEE-SHIFTING

 To the maximum extent permitted by law, the Customer agrees to defend, indemnify, and hold harmless the Company

 from all claims arising from:

 • Customer breach of this Agreement

 • Unsafe conditions

 • Failure to disclose hazards

 • Customer-provided materials or instructions

 • Acts of tenants, guests, or third parties

 • Property conditions not caused solely by the Company’s proven direct negligence

 • Customer failure to prepare or provide access

 Fee-Shifting: If the Customer initiates any legal action against the Company, the Customer pays all attorney’s fees,

 arbitration costs, and related expenses, unless willful misconduct by the Company is proven.

 13. Safety Clause

Work will only be performed under safe conditions.

 Work may stop immediately due to:

 • Unsafe structures

 • Violence, threats, or harassment

 • Disruptive individuals

 • Criminal activity

 • Hazardous materials

 • Dangerous pets

 • Customer requests, recommendations, or instructions that the Company determines would compromise safety,

 structural integrity, proper repair methods, or the overall integrity of the project

 If the customer insists on methods, placements, materials, or instructions that the Company believes are unsafe or not

 structurally appropriate, the Company may refuse or discontinue service at its sole discretion.

 Labor already performed is billable.

 14. Access & Availability

 Customer must provide timely access.

 Delays caused by the customer are billable as wait time.

 15. Customer Non-Access / No-Show

 If the Customer:

 • Fails to appear

 • Refuses entry

 • Fails to provide access

 then all reserved labor time, travel time, and administrative costs are fully billable.

 16. Customer Measurements & Instructions

 Customer-provided measurements or directions are followed at the customer’s sole risk.

 17. No Guarantee of Results

 The Company does not guarantee:

 • Aesthetic outcomes

 • Structural performance

 • Longevity

 • Satisfaction of expectations

Dissatisfaction with appearance does not reduce payment obligations.

 18. Hazardous Materials Disclaimer

 The Company does not test for or remediate:

 • Mold

 • Asbestos

 • Lead

 • Pests

 • Biohazards

 • Chemicals

 Work stops if discovered.

 19. Structural Integrity Disclaimer

 The Company is not responsible for failures caused by:

 • Rotten wood

 • Warped studs

 • Old/brittle drywall

 • Structural defects

 Installations into compromised surfaces are at the customer’s risk.

 20. Emergency Shut-Down

 If a hazard is discovered (leak, electrical issue, gas smell, structural danger), work stops immediately.

 Labor up to that point remains billable.

 21. Customer Duty to Protect Belongings

 The customer must protect or remove items in the work area.

 The Company is not responsible for damage to exposed belongings.

 22. Customer Liability for Employee or Associate Injuries

 If any Company personnel are injured due to unsafe or negligent conditions caused by the Customer or individuals

 under the Customer’s control, the Customer is responsible for all related medical, legal, and compensation costs.

 23. Force Majeure

The Company is not liable for delays, interruptions, or inability to perform caused by events beyond the Company’s

 control. Such events include, but are not limited to:

 • Natural disasters (floods, hurricanes, tornadoes, earthquakes)

 • Acts of God

 • Nuclear catastrophe or nuclear incidents

 • Power outages or utility failures

 • Vehicle malfunctions or mechanical breakdowns

 • Car accidents involving Company personnel

 • Police investigations, crime scenes, or law-enforcement activity at or near the job site

 • Pandemics or public-health emergencies

 • Government restrictions or mandates

 • Strikes, labor disputes, or supply-chain interruptions

 • Severe weather or road closures

 • Any other cause beyond the Company’s reasonable control

 Delays caused by such forces shall excuse performance for the duration of the delay.

 The Company is not liable for resulting damages and will reschedule when reasonably possible.

 24. Mandatory Binding Arbitration

 All disputes shall be resolved exclusively by binding arbitration in Seneca County, NY, under AAA rules.

 The Customer waives:

 • Jury trial

 • Class actions

 • Class arbitration

 • Public injunctive relief

 25. Severability

 If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent

 jurisdiction:

 (a)The validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired

 thereby.

 (b)The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to render

 it valid, legal, and enforceable while preserving its original intent to the fullest extent possible.

 c) If such modification is not possible, the provision shall be severed from this Agreement.

 This severability provision shall be applied to the fullest extent permissible by law.

 26. Governing Law & Venue

 This Agreement is governed by New York State law.

 All arbitration occurs in Seneca County, NY.

27. No Third-Party Beneficiaries

 Only the Customer and the Company have rights under this Agreement.

 28. Entire Agreement

 These Terms constitute the entire agreement between the Customer and the Company.

 Contact

 Phone: 607-269-7532

 Email: [email protected]

 Service Areas: Seneca Falls, Auburn, Geneva, Rochester, Syracuse, Ithaca NY