Terms of Service Revision Date: February 26th, 2026
These Terms of Service (“Terms”) govern all work performed by Friendly Fix Home Services (“Contractor”) for the Client.
1. Scope of Work
The Contractor agrees to perform only the work specifically described in the written estimate, invoice, or work order approved by the Client (“Scope of Work”). Any work not expressly included in the Scope of Work is excluded.
The Contractor may perform work directly or utilize subcontractors for any portion of the work, at the Contractor’s discretion.
2. Change Orders / Additional Work
Any additional work requested by the Client that is outside the original Scope of Work must be approved by both parties before the work is performed. The Contractor is under no obligation to perform any additional work unless such approval is given and accepted.
Approval for additional work may be given verbally, in writing, or electronically. Approved additional work will be billed at the Contractor’s applicable rates and may extend the project timeline.
3. Hidden or Unforeseen Conditions
The Contractor is not responsible for delays, additional costs, or changes in the Scope of Work caused by concealed, unknown, or unforeseen conditions, including but not limited to structural issues, code violations, water damage, mold, pest damage, or prior improper repairs. Discovery of such conditions may require a revised estimate.
4. Client-Requested Materials
If the Client supplies materials, fixtures, or equipment, the Contractor makes no warranty as to their quality, compatibility, or performance and is not responsible for defects, delays, failures, or damage related to client-supplied items.
5. Payment Terms
Payment in full is due upon completion of the work unless otherwise agreed in writing. The Contractor accepts cash, check, and credit card payments. Credit card payments (Visa, Mastercard, Discover only) are subject to a 3% processing fee. ACH payments are subject to a 1% processing fee.
6. Deposits
The Contractor may require a deposit prior to commencing work. Deposit amounts vary by project and will be disclosed to the Client in advance. Deposits will be applied toward the final invoice unless otherwise stated.
7. Late Payments
Unless alternative terms are agreed to, any unpaid balance remaining 30 days after the invoice date may be subject to a $100 late fee or 10% of the remaining balance, whichever is greater. The Contractor reserves all rights and remedies available under applicable law to recover unpaid amounts.
8. Trip Fees
The Contractor may apply a trip fee at its discretion based on travel distance, location, time, or other job-specific factors. Trip fees vary by job distance and type, and when applicable, will be disclosed to the Client in advance.
9. Nonpayment
In the event of nonpayment, the Client agrees to be responsible for all reasonable costs incurred by the Contractor to recover amounts due, including administrative costs, collection fees, and legal costs, to the extent permitted by law. This provision does not limit any other rights or remedies available to the Contractor under applicable law.
10. Limitation of Liability
To the fullest extent permitted by law, the Contractor’s total liability for any claim arising from the work performed shall be limited to the total amount actually paid by the Client for the specific work giving rise to the claim.
11. Risk of Damage and Mitigation
The Client is responsible for identifying and disclosing any known conditions, materials, or areas that may be fragile, unsafe, or at risk of damage prior to the start of work. The Contractor is not responsible for damage resulting from pre-existing conditions, inherent material defects, concealed conditions, or normal risks associated with the type of work requested.
If the Client requests work despite known risks of damage, the work is performed at the Client’s risk.
12. Property Conditions and Pre-Existing Damage
The Contractor is not responsible for pre-existing damage, normal wear and tear, latent defects, or the condition of existing structures, materials, or systems being worked on.
13. Scope of Warranty
The Contractor warrants that all construction work performed under this Agreement shall be free from defects in workmanship and materials for a period of one (1) year from the date of Substantial Completion. This warranty is limited to the repair or replacement of the specific defect and does not cover: (a) normal wear and tear; (b) damage caused by Owner’s failure to perform routine maintenance; or (c) secondary damage caused by the defect (e.g., mold or furniture damage).
14. Exclusive Remedy
The Client’s sole and exclusive remedy for any breach of this warranty is the repair or replacement of the defective work by the Contractor. This warranty is provided in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
15. Condition Precedent to Action
As a condition precedent to filing any legal action, arbitration, or third-party repair, Client must provide Contractor with written notice of any alleged defect via Certified Mail, Return Receipt Requested.
In accordance with Texas Property Code §27.004:
Inspection: Contractor shall have the right to inspect the property within thirty-five (35) days of receipt of notice. Contractor may conduct up to three (3) inspections.
The Offer: Contractor shall provide a written offer to repair or settle within sixty (60) days of receipt of the notice.
Performance of Repair: If Client accepts the offer, Contractor shall commence repairs within forty-five (45) days of acceptance and complete them within a reasonable timeframe, subject to weather and material delays.
Emergency Repairs: If a defect creates an immediate threat to life, safety, or further damage, Client may perform emergency repairs only to the extent necessary to mitigate further damage. Client must notify Contractor immediately. Any non-emergency repairs performed by a third-party without following the notice and cure process in this Section shall void the Warranty and shall not be reimbursable by Contractor.
This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from a construction defect. If you have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 27.004 of the Texas Property Code.
16. No Other Warranties
Except as expressly stated herein, the Contractor makes no other warranties and disclaims any implied warranties to the maximum extent permitted by law.
17. Access and Utilities
The Client is responsible for providing safe and unobstructed access to the work area. The area must be clean and clear of any items that may hinder or delay the performance of the services. The Client is also responsible for providing consistent access to necessary utilities (electricity and water). Any delays caused by a failure to provide a clear work area may result in additional labor charges or rescheduling fees.
18. Delays and Scheduling
The Contractor is not responsible for delays caused by factors outside the Contractor’s control, including weather, material availability, Client requests, access issues, or unforeseen conditions. Project timelines are estimates only and are not guaranteed.
19. Right to Stop Work
The Contractor reserves the right to stop work if payment is not made as required, access to the work area is not provided as described in Access and Utilities, unsafe or hazardous conditions are present, or circumstances arise that make continued work impractical or unreasonable. Any delay or stoppage does not relieve the Client of payment obligations for work already performed.
20. Termination
The Contractor may terminate work for nonpayment or material breach of these Terms. The Client remains responsible for payment for all work performed and costs incurred up to the date of termination.
21. Acceptance
Client acceptance of any estimate, invoice, or work order constitutes acceptance of these Terms of Service. Client may perform acceptance through email, text, or signed Estimate or Quote.
22. Notices
Any notice required to be given under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, or by a recognized overnight courier to the addresses set forth below:
Friendly Fix Home Services
PO Box 109
Stafford, TX 77497-0109
23. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The parties agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts located in Fort Bend County, TX.
24. Severability
If any part of this Agreement is held to be unenforceable, the rest of the Agreement shall continue in full force. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable while remaining consistent with the original intent of the parties.
