Terms & Conditions
Welcome to diamondtouchmasonry.com. These Terms & Conditions govern your access to and use of our website and the services offered by Diamond Touch Masonry Our Company By using the Site or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Site or engage us.
Definitions
Client or You — the person or entity using the Site or contracting services from Diamond Touch Masonry.
Services — masonry, landscape, hardscape, repair, maintenance, or related work that we agree to perform.
Site — this website diamondtouchmasonry.com and related web pages.
Agreement — the contract formed when you accept a service proposal, estimate, or scope of work from us.
Use of the Website
Eligibility
You must be at least 18 years old or of legal contracting age in your jurisdiction to use the Site or enter into agreements with us.
License to Use
We grant you a limited, non‑exclusive, non‑transferable license to access and use the Site for your personal or business purposes, subject to these Terms.
Prohibited Uses
You agree not to:
Use the Site for unlawful or fraudulent purposes;
Interfere with or disrupt the Site or servers;
Attempt to gain unauthorized access to portions of the Site;
Use the Site to upload or transmit harmful code (viruses, malware);
Copy, reproduce, reverse engineer, or misuse content from the Site in violation of copyrights or other rights.
Services & Contracts
Estimates / Quotes
We may provide free or paid estimates/quotes for services. These are based on your provided information (site visit, photos, etc.) and are subject to change if the scope or conditions change.Scope of Work / Proposal
If you accept our estimate, we will provide a written proposal or contract detailing the services, materials, timeline, and price. That proposal, together with any addenda or attachments, becomes part of the binding Agreement.Changes / Modifications
If you request changes after the work has commenced (e.g. additions, design modifications), we will provide a revised cost and timeline. You must approve changes in writing before we proceed.Permits & Approvals
Unless otherwise agreed, you are responsible for obtaining required permits, approvals, or utility clearances. We may assist in preparing or advising on permit documentation, but you remain the permit holder unless otherwise agreed.Access & Site Conditions
You shall grant us reasonable access to the property and ensure that the work area is safe and unobstructed (e.g. clearing landscaping, removing furniture, ensuring utilities are marked). Additional costs may apply if we must clear or remediate unforeseen site conditions (e.g. hidden pipes, rock, soil instability).Timeline / Delays
We will use reasonable efforts to complete work in the agreed time frame. However, timelines are estimates and may be affected by weather, supply delays, permitting delays, or other unforeseeable events. We are not liable for delays beyond our control.
Payment Terms
Deposit / Initial Payment
A deposit (e.g. percentage of the total cost) may be required before work begins. The amount and due date will be specified in the proposal.Progress Payments / Milestones
For larger projects, payments may be due according to milestones (e.g. upon foundation completion, masonry installation, finishing). Each milestone payment must be made before proceeding to the next stage.Final Payment
The remaining balance is due upon substantial completion of work or final inspection, as per the contract.Late Payments / Interest
If payment is not made by the due date, we may charge interest (e.g. at a rate of X% per month or the maximum allowed by law) on the overdue amount until paid in full. You will be responsible for collection, legal, or administrative costs incurred in pursuing delinquent amounts.Payment Methods
We accept [list payment methods, e.g. check, credit card, bank transfer]. Any fees or surcharges associated with certain payment methods may be passed to you.
Warranties & Disclaimers
Our Warranty
We warrant that the Services will be performed in a workmanlike manner, with materials as specified, and in accordance with applicable building codes and industry standards, for a period of [e.g. 1 year / 2 years / as specified] from final completion. This warranty does not cover damage due to misuse, neglect, acts of God (storms, flooding, earthquakes), alteration by others, or natural wear and tear.Exclusions
We make no warranty (express or implied) beyond what is stated in the contract, including any implied warranties of merchantability or fitness for a particular purpose. Except as expressly provided, the Site and our Services are provided “as is” and “as available.”Limitation of Liability
To the fullest extent permitted by law, our liability arising from or relating to the Services or the Site is limited to direct damages not exceeding the total contract price. We will not be liable for (and you release us from) any indirect, incidental, consequential, punitive, or exemplary damages (such as lost profits, loss of use, or loss of business).Indemnification
You agree to indemnify, defend and hold harmless Diamond Touch Masonry, its officers, employees, subcontractors, and agents from any claims, liabilities, losses, damages, costs, or expenses (including attorneys’ fees) arising from your breach of this Agreement, your negligence, your property, or your failure to obtain required permits or approvals.
Intellectual Property
All content on the Site (text, images, logos, designs, graphics) is owned or licensed by us and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, republish, distribute, or make derivative works of the Site content without our express written permission.
Privacy & Data Use
Please refer to our Privacy Policy (link) for details on how we collect, use, share, and protect information about users and clients.
Termination & Suspension
We may suspend or terminate your access to the Site at any time, without notice, for violations of these Terms or for technical or operational reasons.
Either party may terminate a service contract for cause (e.g. material breach) or for convenience (if allowed by contract). Termination may trigger obligations to pay for work performed, materials ordered, demobilization, or cancellation fees as specified in the contract.
Dispute Resolution
These Terms and any service agreement will be governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to conflict of laws rules.
Venue / Jurisdiction
Any legal action or proceeding arising out of or relating to these Terms or services must be brought in the state or federal courts located in [appropriate county / jurisdiction in Massachusetts].Arbitration / Mediation (Optional Clause)
(Optional) You and we agree to first attempt to resolve disputes via good faith mediation. If mediation fails, disputes will be resolved by binding arbitration under rules of [e.g. American Arbitration Association], held in [city or county in Massachusetts].
Miscellaneous
Entire Agreement — These Terms, plus the service proposal/contract, constitute the entire agreement between you and us, superseding prior discussions or agreements.
Severability — If any portion of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force.
Waiver — Our failure to enforce any right under these Terms does not constitute waiver of that right.
Assignment — You may not assign or transfer your rights or obligations under a service contract without our written consent; we may assign to successors or affiliates.
Force Majeure — We will not be liable for delays or inability to perform due to causes beyond reasonable control (e.g. acts of God, fire, flood, strikes, governmental actions, supply disruptions).