Terms and Conditions

Last Updated: January 1, 2025

Welcome to RoofGutterNow.com ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website and services. By accessing our website at roofgutternow.com or engaging our services, you agree to be bound by these Terms.

PART I: GENERAL SERVICES TERMS

1. SCOPE AND REPRESENTATION OF WORK

Contractor agrees to perform for the owner certain alterations and improvements in and upon the home of the owner located at the address specified in the contract, in accordance with the specifications as listed in the scope found within this contract. Contractor shall furnish all labor and materials for such work.

Fascia Repairs: Fascia repairs may be necessary before installation of the gutters can be completed. Contractor is not responsible for fascia repairs. Contractor will provide an estimate to the customer for any fascia repairs. Contractor will resume installation of gutters within 2 weeks of receipt of written notice that the fascia repairs have been completed.

2. CONTRACT TIME

The work shall commence no later than 60 days after the signing of this contract, and shall be completed within 30 days of that date, unless otherwise stated in the estimate or through contact with the customer.

Contractor shall not be liable for any delay or nonperformance caused by:

• Act of God
• Weather conditions
• Strikes or labor disputes
• Unavailability of materials
• Any other preexisting structural or cosmetic damage beyond contractor's control

In the event of delay or nonperformance by contractor for causes other than those mentioned above, contractor shall pay to owner liquidated damages in the amount of 3% of Contract Price for each day of delay or nonperformance, but in no event shall the amount of such liquidated damages exceed the total contract price.

3. CANCELLATION POLICY

3.1 Initial Cancellation Period

This contract may be cancelled by owner within 3 business days following the day of the execution of this agreement by giving written notice of rescission to the contractor at the address given in this contract, in which event owner shall be entitled to a complete refund of the down payment, if any.

3.2 Cancellation Before Work Commences

After the 3-day period, but before the actual commencement of work by the contractor, owner may cancel this agreement, in which event owner shall forfeit to contractor the down payment given at the time of the execution of this agreement.

3.3 Cancellation After Work Commences

In the event owner cancels this agreement after the contractor has commenced the work, owner shall forfeit the amount of the down payment given to contractor at the time of the execution of this agreement and, in addition, shall pay to the contractor such proportion of the total contract as the amount of labor and materials furnished bears to the total amount of labor and materials agreed upon to be furnished under this agreement. Payment shall be made within 5 days from the date of such cancellation.

3.4 Contractor Cancellation

In the event the contractor is unable to complete the performance of its obligation under this contract due to an act of God, weather, strikes, unavailability of materials, or any other preexisting structural or cosmetic damage beyond their control, owner may at its option cancel this contract. In such event, owner shall only be liable to pay contractor the amount of labor and material already furnished. Such payment is to be made within 5 days after the date of such cancellation.

3.5 Property Destruction

In the event the owner's home is destroyed by fire, earthquake, or any other cause not attributable to the owner, this contract shall automatically be canceled with the parties having no further obligation to each other, and the down payment given by the owner at the time of the execution of this agreement shall be retained by the contractor.

4. PERMITS AND LICENSES

Contractor shall be responsible for securing, carrying or obtaining any home improvement licenses required by the state, county or town. Any necessary building permits shall be the responsibility of the homeowner at their own cost and expense. However, the homeowner may elect to have the contractor obtain the permit, in which case a copy must be provided to the contractor.

5. CONTRACT PRICE AND PAYMENT

5.1 Deposit Requirements

Owner will pay contractor a 50% deposit, unless otherwise specified in scope, upon execution of this agreement for the performance of the work outlined within the scope of work section found within this contract.

5.2 Final Payment

Remaining balance is due upon final completion of work and settlement of all claims of laborers and suppliers.

5.3 Payment Methods

We accept the following payment methods:

• Credit/Debit cards (Visa, Mastercard, American Express, Discover) - 3% processing fee applies
• ACH/Bank transfer - No processing fee
• Check or money order
• Cash

5.4 Online Payments

Online payments through our website are processed securely through Stripe. By making an online payment, you agree to Stripe's terms of service. We do not store your payment card information.

5.5 Late Payments

Invoices are due within 15 days of the invoice date unless otherwise specified. Late payments may be subject to a 1.5% monthly interest charge or the maximum rate permitted by law, whichever is less.

6. ALTERATIONS AND MODIFICATIONS

Any alterations or modification initiated by the owner or contractor must be agreed upon between the parties and the price fixed by them before work on such alteration or modification shall commence. Contractor will require a 50% deposit for such alterations or modifications agreed upon. Full payment for such alteration or modification shall be made at the time of the final completion of the work.

7. ASSIGNMENT

The contract can be assigned by contractor without the prior written consent of the owner. Contractor will oversee the quality of work performed. In most cases (90% of projects), contractor will hire additional contractors to assist while on site and will not subcontract the entire job unless it is a smaller job or repairs, and only to contractors with whom we have worked for years.

8. OSHA COMPLIANCE

All Roof Gutter Now employees are OSHA certified. OSHA requires a Contractor to provide each Employee walking or working on a surface 6 feet (1.8m) or more above the ground certain protections from falling. Such protections may include the installation of a personal fall arrest system (PFAS). Installation of a PFAS may require an employee to "tie-in" or otherwise secure themselves to the roof or roof ridge line. By signing this contract, Owner agrees and consents to the installation of the PFAS by the Contractor and/or Employee. OSHA certification paperwork is available upon request.

9. YARD SIGN DISCLAIMER

Contractor will be posting a yard sign on your property upon completion of work, unless customer has previously notified us that yard signs are prohibited in their town or the customer objects to such signage.

PART II: GUTTER SERVICES WARRANTY

WHAT THIS WARRANTY COVERS

Roof Gutter Now Limited Warranty guarantees that all work performed by Roof Gutter Now, including the installation of the gutters, hangers, corners, end caps, elbows and downspouts, along with gutter guards and heated gutter cables, will be in accordance with the generally accepted home improvement standards and, with regular maintenance (see Customer Obligations below), will properly function for the life of this warranty.

Gutter Now will also guarantee against any defects in material including any defects in finish, color, chipping, or blistering of the products under ordinary use and wear for the life of this warranty.

WHAT THIS WARRANTY DOES NOT COVER

The Limited Warranty does not cover:

• Damage caused by owner abuse, malicious and/or intentional destruction or damage caused to the gutter system
• Acts of vandalism
• Natural wear and/or change in finish or color caused by wind, rain, sleet, hail, ice, snow, or by any other Act of God or other environmental conditions
• Damage or defects which are the result of characteristics common to the materials used or conditions resulting from condensation, expansion, or contraction of such materials
• Any damage to the home as a result of damage to the gutter system
• Any alterations or modifications made by anyone other than a Roof Gutter Now Specialist
• Any defect or damage caused by another person or contractor's work to the building or home following the gutter installation including any work performed to the roof, fascia, drip edge or shingles
• Any water going behind gutters as a result of shingles extending less than 1 inch past the drip edge or fascia
• Any damage caused by fire
• Any damage caused by impact from any foreign objects
• Any damage or malfunction caused by building or home structure settling or foundational distortion

PERIOD OF COVERAGE

The five (5) year Limited Warranty commences upon the completion of the installation of the gutter system, gutter guards, or heated gutter cables and payment is received by Gutter Now in full and will continue for five (5) years thereafter.

Warranty Extension: The Limited Warranty may be extended for an additional five (5) years, for a total of ten (10) years, by the purchase and installation of an approved gutter guard system. The approved gutter guard system must be purchased and installed by a Gutter Now Specialist within 90 days from the date of the original installation. If the approved gutter guard system is installed on a date after the original installation, the extension of the Limited Warranty will be subject to an evaluation of the gutter system by a Gutter Now Installation Specialist.

CUSTOMER OBLIGATIONS

Customers, in order to be eligible for any benefits set forth in this Limited Warranty, must provide regular maintenance and debris removal from the gutter system including the gutters, elbows, down spouts, extensions and drainage pipes. Failure to provide evidence of regular maintenance may void any Warranty.

WHAT WE WILL DO TO CORRECT PROBLEMS

Gutter Now will repair or replace any damaged portion of the gutter system up to the entire gutter system. The Limited Warranty will cover up to the total amount of footage of gutter, downspout and/or gutter guards purchased in the original contract. In the event the entire footage initially purchased by customer in the contract is replaced, the Limited Warranty will automatically terminate.

HOW TO MAKE A WARRANTY CLAIM

Customer must notify Gutter Now within five (5) days of any claimed damage or as soon thereafter as the damage is discovered by phone and email. Gutter Now will accept warranty claims 24 hours a day, 7 days a week, 365 days a year at the number and email address set forth within the original contract.

All claims must be made within the period of coverage and provide:

• Name and address of the Customer
• Brief description of the damage
• Location of the damage
• What caused the damage
• Contact number and email address where the Customer can be reached during the day and night

A Roof Gutter Now representative will contact you within five (5) days to schedule a mutually convenient appointment for an Installation Specialist to evaluate the damage. If, in the discretion of the Installation Specialist, the damage is covered under the Limited Warranty, the Installation Specialist will determine and provide a remediation plan to the Customer. All warranty repairs and/or replacement will be scheduled within two weeks of the date the Installation Specialist provides a remediation plan to the Customer.

WARRANTY TRANSFERABILITY

This Limited Warranty is transferable to all subsequent purchasers of the home, dwelling building or structure. To transfer this warranty to a new owner, the Customer must have the new owner sign and date the original warranty and forward the same to Roof Gutter Now. Under no circumstance can a warranty be extended by any such transfer. The customer can only transfer the remaining time left on the Limited Warranty. New owner may inquire regarding purchasing an approved gutter guard system to extend the Limited Warranty for an additional five (5) years subject to the provisions set forth herein.

PART III: ROOFING SERVICES WARRANTY

ROOFING WORKMANSHIP WARRANTY

Roof Gutter Now provides a ten (10) year workmanship and leak warranty for all roofing installations, unless damage is caused by factors beyond our control including but not limited to:

• Acts of God
• Severe weather events
• Falling objects or debris
• Structural settling or movement
• Work performed by other contractors
• Lack of proper maintenance

MANDATORY ROOF MAINTENANCE INSPECTIONS

IMPORTANT: The customer or property owner must contact Roof Gutter Now every 2 years to schedule a maintenance inspection. This inspection allows us to verify the roof is being properly maintained and to document any damages or potential issues. Failure to schedule and complete these biennial inspections may void the warranty.

MANUFACTURER WARRANTIES

In addition to our workmanship warranty, all roofing materials come with manufacturer warranties. For projects using GAF shingles or other premium materials, manufacturer warranty information will be provided at the time of installation. We will assist in filing any manufacturer warranty claims, but the manufacturer is responsible for fulfillment of their warranty terms.

PART IV: GUTTER MAINTENANCE AGREEMENT

CONTRACTOR'S OBLIGATIONS

Contractor will:

• Clean leaves and debris from the inside of all gutters, down spouts, elbows and joints
• Remove all gutter debris from the premises according to each of our different packages, ranging from Minimal to Great clean-up
• Perform minor repairs such as re-securing gutters, elbows and applying sealant to any leaky joints or corners
• Provide Owner with an email notification of the scheduled maintenance (due to the volume and nature of the gutter cleaning and maintenance, contractor will not accommodate requests for specific times or dates for scheduled maintenance)

Note: Contractor will not be responsible for any damage to the Owner's home or property caused by debris in the gutter system that comes out from the cleaning process.

OWNER'S OBLIGATIONS

The Owner shall:

• Provide the Contractor with such access to the property as is reasonably necessary for the Contractor to comply with the terms of this agreement
• Immediately notify the Contractor once the property has been sold, and no longer requires property maintenance services
• Maintain a valid credit card on file with Contractor for the payment of each scheduled gutter maintenance/cleaning

PRICING AND PAYMENT

Contractor will provide the services set forth herein and outlined in the estimate at the prices quoted therein. Contractor reserves the right to change the price of this agreement upon renewal and can choose not to renew the agreement at their discretion.

Contractor also reserves the right to decline and/or renegotiate the maintenance/cleaning/guards/installation upon arrival at the premises if any of the following conditions exist:

• The scope of work is beyond routine maintenance
• There is excessive linear footage
• There is inaccessible or difficult access to the home or gutters
• The house or gutters are in significant disrepair
• There is existing gutter protection
• There exists unsafe working conditions

If such an agreement cannot be made, service will be cancelled at no further charge to the Owner.

MAINTENANCE CANCELLATION POLICY

The Owner may cancel this agreement at any time prior to any maintenance scheduled. All previous balances for work performed must be paid in full before cancellation. Cancellations must be in writing and received via email, fax or mail 30 days prior to the scheduled cleaning dates. Owners that cancel within the maintenance cleaning dates will be charged a cancellation fee up to or equivalent to the full cost of the maintenance/cleaning.

DELINQUENT ACCOUNT DISCLAIMER

Any sum which is more than thirty (30) days past due will accrue interest at 18% per year. In the event Contractor seeks legal advice with respect to the collection of any amounts due as a result of work performed for the Owner, Contractor will be entitled to collect its actual legal fees, costs, and disbursements, in addition to the principal sum due plus interest.

TERM AND RENEWAL

This Agreement will automatically renew every year and remain in effect until terminated as set forth herein.

PART V: WEBSITE TERMS

WEBSITE USE AND ACCEPTABLE USE POLICY

You may use our website for legitimate purposes only. You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or viruses
• Attempt to gain unauthorized access to our systems
• Interfere with website operation

WEBSITE AVAILABILITY

We strive to maintain website availability but do not guarantee uninterrupted access. We may suspend access for maintenance or updates without notice.

THIRD-PARTY LINKS

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of third-party sites.

INTELLECTUAL PROPERTY

All content on our website including text, graphics, logos, images, and software is owned by RoofGutterNow or our licensors and protected by copyright and trademark laws. You are granted a limited, non-exclusive license to access and use our website for personal, non-commercial purposes. You may not reproduce, distribute, or create derivative works without written permission.

PRIVACY AND DATA PROTECTION

Our Privacy Policy, available at roofgutternow.com/privacy-policy, governs the collection and use of your personal information. We implement reasonable security measures to protect your information but cannot guarantee absolute security of data transmitted over the internet.

PART VI: GENERAL LEGAL TERMS

TIPS AND GRATUITIES

Tips are entirely voluntary and appreciated. Tips provided through our online payment system are distributed directly to the crew members who completed your work. When you designate specific crew members for tips, we ensure the tip is distributed according to your instructions. If no specific designation is made, tips are distributed among all crew members who worked on your project.

INSURANCE AND LIABILITY

RoofGutterNow carries general liability insurance and workers' compensation insurance for all employees. Proof of insurance is available upon request.

Limitation of Liability: Our liability is limited to the cost of the services provided. We are not liable for indirect, consequential, or incidental damages; damage to property not directly related to the work area; pre-existing conditions not disclosed or discovered during inspection; or damage caused by hidden defects in existing structures.

DISPUTE RESOLUTION

In the event of any dispute, we encourage you to contact us first to seek informal resolution. If informal resolution is unsuccessful, disputes may be submitted to mediation. Any disputes that cannot be resolved through mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association in Summit County, Ohio.

Class Action Waiver: You agree that disputes will be resolved on an individual basis and waive any right to participate in class action lawsuits.

GOVERNING LAW

These Terms are governed by the laws of the State of Ohio without regard to conflict of law principles. Any legal action must be brought in the courts of Summit County, Ohio.

INDEMNIFICATION

You agree to indemnify and hold RoofGutterNow, its officers, employees, and contractors harmless from any claims, damages, or expenses arising from your breach of these Terms, your violation of any law or rights of third parties, or your misuse of our services or website.

FORCE MAJEURE

We are not liable for delays or failure to perform due to circumstances beyond our reasonable control including natural disasters, severe weather, acts of war, labor disputes, or government actions.

SEVERABILITY

If any provision of these Terms or any Limited Warranty is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.

ENTIRE AGREEMENT

This contract, including all warranties and maintenance agreements, constitutes the entire agreement between the parties. Any changes or alterations in this agreement shall be valid and effective only if agreed upon in writing between the parties. This Agreement supersedes all prior negotiations, agreements, and understandings between the Parties with respect to the subject matter hereof.

CHANGES TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services or website after changes constitutes acceptance of the modified Terms.

WAIVER

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

ASSIGNMENT BY CUSTOMER

You may not assign or transfer these Terms or any rights hereunder without our written consent.

CONTACT INFORMATION