Terms of Service

Welcome to The Fence Flamingo ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website at thefenceflamingo.com, as well as any services, communications, and interactions you have with our company in connection with fence installation, repair, and related home improvement services.

By accessing our website, requesting a quote, submitting a lead through Thumbtack or any other third-party platform, or otherwise engaging with our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Service Estimates and Pricing

The Fence Flamingo provides preliminary estimates for fence installation, repair, and related services through our website, third-party platforms (such as Thumbtack), and other communication channels. Please be aware of the following:

• Preliminary Nature: All online estimates, Thumbtack-based quotes, and verbal estimates are preliminary and provided for informational purposes only. They are not binding contracts or guarantees of final pricing.
• On-Site Verification Required: Final pricing is subject to an on-site inspection and verification of property conditions, including but not limited to terrain, soil type, existing structures, property lines, access limitations, underground utilities, and the actual scope of work required.
• Price Adjustments: The final quote may differ from the initial estimate based on findings during the on-site assessment. Any material changes will be communicated to you before work begins.
• Estimate Validity: Unless otherwise stated in writing, estimates are valid for 30 days from the date of issuance. Material costs and availability may affect pricing beyond this period.

2. Communication and Automated Systems

By submitting a service request, lead, or inquiry through our website, Thumbtack, or any connected platform, you agree to be contacted by The Fence Flamingo through automated and manual communication systems for the purpose of fulfilling your service request. This includes:

• Email Communications: Automated and manual emails regarding your project estimate, scheduling, project updates, and follow-up correspondence.
• SMS (Text Messages): Automated text messages for appointment confirmations, project updates, reminders, and follow-up communications.
• Phone Calls: Calls from our team to discuss your project details, schedule consultations, and provide updates.

You may opt out of automated marketing communications at any time by replying STOP to any text message or clicking "Unsubscribe" in any email. Please note that opting out of marketing communications will not affect transactional messages related to an active service request. For more information, see our Privacy Policy.

3. User Responsibilities

When engaging with The Fence Flamingo for fence installation, repair, or related services, you agree to the following responsibilities:

• Accurate Information: You must provide accurate and complete information about your property, including property boundaries, dimensions, and any known conditions that may affect the scope of work (e.g., underground utilities, easements, HOA restrictions).
• Property Authorization: You represent and warrant that you are the legal owner of the property where work is to be performed, or that you have obtained proper authorization from the property owner to request and approve fence installation or repair services.
• Permits and Approvals: While The Fence Flamingo will assist with obtaining necessary permits where applicable, you are ultimately responsible for ensuring that any required permits, HOA approvals, or zoning clearances are obtained prior to the commencement of work.
• Property Access: You agree to provide reasonable access to your property for the purpose of site inspections, material delivery, and completion of the agreed-upon work.
• Property Lines: You are responsible for confirming and marking your property lines prior to installation. The Fence Flamingo is not liable for fences installed based on incorrect property line information provided by the customer.

4. Payment Terms

Payment terms will be outlined in your individual service agreement or contract. General payment policies include:

• A deposit may be required prior to the start of any project to secure materials and scheduling.
• Final payment is due upon completion of the project unless otherwise agreed upon in writing.
• Accepted payment methods will be communicated at the time of your service agreement.
• Late payments may be subject to additional fees as outlined in your service contract.

5. Limitation of Liability

To the fullest extent permitted by applicable law:

• The Fence Flamingo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your use of our website or services.
• Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total amount paid by you to The Fence Flamingo for the specific service giving rise to the claim.
• We are not responsible for delays or failure to perform our obligations due to causes beyond our reasonable control, including but not limited to severe weather, natural disasters, supply chain disruptions, labor shortages, pandemic-related restrictions, or government actions (force majeure).
• The Fence Flamingo is not liable for damage to underground utilities, irrigation systems, or other subsurface structures that were not disclosed or properly marked prior to the commencement of work.

6. Warranty and Workmanship

The Fence Flamingo stands behind the quality of our work. Specific warranty terms will be provided in your individual service agreement. General warranty provisions include:

• Workmanship warranties cover defects in installation and labor for the period specified in your service agreement.
• Material warranties are provided by the respective manufacturers and are separate from our workmanship warranty.
• Warranties do not cover damage caused by acts of nature, improper use, unauthorized modifications, or normal wear and tear.

7. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of The Fence Flamingo and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content on our website without our prior written consent.

8. Third-Party Platforms and Links

Our website may contain links to third-party websites or services, including but not limited to Thumbtack, GoHighLevel, and social media platforms. We are not responsible for the content, privacy practices, or terms of service of any third-party platforms. Your interactions with third-party platforms are governed by their respective terms and policies.

9. Indemnification

You agree to indemnify, defend, and hold harmless The Fence Flamingo, its owners, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your breach of these Terms; (b) your use of our services; (c) any inaccurate information you provide; or (d) your violation of any applicable law or the rights of any third party.

10. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved informally, either party may pursue resolution through mediation or binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Chester County, Pennsylvania.

11. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Chester County, Pennsylvania, and you consent to the personal jurisdiction of such courts.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13. Changes to These Terms

We reserve the right to update or modify these Terms of Service at any time. Any changes will be posted on this page with an updated "Last Updated" date. Your continued use of our website or services after the posting of changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

14. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: