Policy - Clean Pro Gutter Cleaning

At Clean Pro Gutter Cleaning bookins, we are committed to providing our customers with the highest quality gutter cleaning services possible. That’s why we have established a set of policies to ensure that we maintain a consistently high standard of service.

On this page, you’ll find links to all of our policies, including our customer service policy, pricing policy, and safety policy.

30 Day Warranty:

Clean Pro Gutter Cleaning Bookings is committed to simply exceptional service, and our 30-day warranty is a part of it. We hope you never need to use it, but if the occasion occurs, we will back it up every time!

Duration: This warranty begins on the completion date of the cleaning and will last for 30 days.
Limitations: This warranty does not cover if an act of God occurs and new debris is placed within the guttering system. This warranty only covers any potential negligence on our part.
Transferability: This warranty is fully transferable within the 30 day time frame
Claim Process: If there is a problem and you would like to file a claim, please contact u s here to start a ticket.
Remedies: If we are not able to resolve the situation within 30 days, or to your satisfaction, you can request any monies paid to be returned.
Responsiveness: You will be contacted within 24 hours to remedy any warranty claim.
Cost: This warranty is provided free of charge for every gutter cleaning we do.
Disclaimer: This warranty does not have any cash value.

Customer Service Policy

At Clean Pro Gutter Cleaning Bookings, we understand that excellent customer service is key to building strong, lasting relationships with our clients. That’s why we are committed to providing our customers with a high level of service that goes above and beyond their expectations. In this policy, we outline our commitment to delivering excellent customer service and the ways in which we strive to meet this goal.

Our Commitment to Customer Service: At Clean Pro Gutter Cleaning Bookings, we are committed to providing our customers with timely, reliable, and professional service. We believe that good communication is key to providing excellent service, which is why we are dedicated to keeping our customers informed at every stage of the process. We strive to be responsive to our customers’ needs, and we are always available to answer any questions or concerns that they may have.

Our Customer Service Process: Our customer service process begins with our initial contact with the customer. We believe in being clear and transparent with our customers from the very beginning, which is why we provide upfront pricing information and a clear explanation of our services. Once the job has been scheduled, we keep our customers informed of our progress and provide regular updates on the status of their project. We always follow up with our customers after the job is complete to ensure that they are satisfied with our work.

Our Customer Service Standards: To ensure that we provide consistently excellent customer service, we have established the following standards:

Responsiveness: We strive to respond to all customer inquiries and concerns within 24 hours.
Professionalism: Our technicians are trained to provide professional and courteous service at all times.
Communication: We believe in keeping our customers informed throughout the entire process, from the initial contact to the completion of the job.
Satisfaction: We guarantee our work and strive to ensure that our customers are completely satisfied with our services.

At Clean Pro Gutter Cleaning, we are committed to providing our customers with the highest level of customer service possible. We believe that good communication, professionalism, and a dedication to customer satisfaction are key to building strong, long-lasting relationships with our clients. If you have any questions or concerns about our customer service policy, or any of our other policies, please don’t hesitate to contact us.

Gutter Guard Policy

This serves as the official policy of Clean Pro Gutter Cleaning Bookings for cleaning out guttering that has gutter guards installed as of 12/21/2023.

Due to the various nature of the different types of guards we will do the following:

If the guards are easily removed (meaning they have a latch) and are made of metal we will attempt to clean under the guards.
If the guards are made of plastic, we will not remove them and clean on the top of the guard.
If the guards are screwed in to the gutters we will not attempt to remove them but will clean off the tops, push water through what we can to flush out any debris.
If the guards are screwed in and attached underneath the shingles,we will not attempt to remove them but will clean off the tops, push water through what we can to flush out any debris.
If the guards are the helmet variety, we will only clean on top of the guards.

If you have any questions about this policy please give contact us here with your questions.

Pricing Policy

At Clean Pro Gutter Cleaning Bookings, we believe in providing our customers with upfront pricing information so that they can make informed decisions about our services. We are committed to offering fair, transparent, and competitive prices, and we strive to ensure that our customers receive the best possible value for their investment. In this policy, we outline our commitment to pricing transparency and the factors that determine our pricing.

Our Commitment to Transparent and Competitive Pricing: At Clean Pro Gutter Cleaning, we are committed to providing our customers with transparent and competitive pricing. We believe in being upfront about our prices and explaining the factors that determine our pricing so that our customers can make informed decisions about our services.

Factors That Determine Our Pricing: The following factors determine our pricing:

Property Size: The size of the property and the number of stories are key factors in determining our pricing.
Gutter Condition: The condition of the gutters, including the level of clogging and the need for repairs, can affect our pricing.
Accessibility: The accessibility of the gutters, including their location and any obstacles that may need to be navigated, can affect our pricing.
Additional Services: Additional services, such as gutter repair or installation, may be required and can affect our pricing.
Seasonal Demand: Our pricing may be affected by seasonal demand, with prices potentially higher during peak seasons.

Our Pricing Process: To ensure that our customers receive transparent and competitive pricing, we follow the following process:

Initial Consultation: We provide a free consultation and estimate to all potential customers.
Upfront Pricing: We provide upfront pricing information to all of our customers, including the factors that determine our pricing.
Competitive Pricing: We strive to provide our customers with competitive pricing and the best possible value for their investment.
No Hidden Fees: We do not charge any hidden fees or surcharges, and we provide a detailed breakdown of our pricing.

At Clean Pro Gutter Cleaning Bookings, we are committed to providing our customers with transparent and competitive pricing. We believe in being upfront about our prices and explaining the factors that determine our pricing so that our customers can make informed decisions about our services. If you have any questions or concerns about our pricing policy, please don’t hesitate to contact us.

Refund Policy

Refund Policy: We offer a refund to our customers under the following circumstances:

Unsatisfactory Service: If our customers are not completely satisfied with our work (if there is an issues, we request 72 hours to rectify the situation to your satisfaction), we will provide a refund of the full amount paid.
Overpayment: If our customers have overpaid for our services, we will provide a refund of the overpaid amount.

Refund Process: To request a refund, our customers should contact us by phone or email. We will review the circumstances and process the refund as quickly as possible. Refunds will be issued in the same form of payment that was originally used to pay for the services.

Safety Policy

Our Safety Standards: To ensure that a safe work environment is maintained, we have established the following safety standards for our contractors that they promise to adhere to:

Equipment Safety: Ensure that all of the equipment is regularly inspected and maintained to ensure that it is safe and in good working order.
Personal Protective Equipment: Technicians to wear personal protective equipment, such as gloves and safety glasses while working.
Risk Assessment: They conduct a risk assessment before every job to identify potential safety hazards and take steps to mitigate them.
Compliance: They comply with all applicable safety regulations and guidelines to ensure that we maintain a safe working environment.

Our Safety Procedures: To ensure that we maintain a safe work environment, we have established the following safety procedures:

Fall Protection: Our technicians are adept at working with heights and practice safety measures to prevent issues.
Ladder Safety and Stability: They utilize ladder stabilizers and levelers to ensure secure footing and prevent ladder accidents.
Roof Safety and Traction: Clean Pro Gutter Cleaning bookings technicians use proper footwear and roof safety gear to maintain traction and avoid slipping on wet or slippery surfaces.
Debris Removal Techniques: They employ safe and efficient debris removal techniques to minimize the risk of injury and property damage.
Electrical Hazards Awareness: Our technicians are trained to recognize and avoid electrical hazards, such as power lines and electrical equipment, while working on gutters.
Safe Use of Tools and Equipment: They use specialized tools and equipment designed for gutter cleaning and ensure our technicians are trained in their safe and proper use.
Chemical Safety: They use only environmentally friendly cleaning products and ensure that they are used in accordance with safety guidelines..
Weather Conditions and Awareness: Clean Pro Gutter Cleaning Bookings monitors weather conditions and postpones work during severe weather to ensure the safety of our technicians and clients.
Team Communication and Coordination: Our technicians maintain clear communication and coordination with each other and the client to ensure a safe and efficient gutter cleaning process.

At Clean Pro Gutter Cleaning Bookings, safety is our top priority. We are committed to providing a safe working environment for our technicians and ensuring the safety of our customers during every job. By adhering to our safety policy and procedures, we can maintain a safe work environment and provide our customers with the highest level of service possible. If you have any questions or concerns about our safety policy, please don’t hesitate to contact us.

Satisfaction Guarantee Policy

Clean Pro Gutter Cleaning Bookings Promises:

Our commitment is to be the best in what we provide; a simply exceptional gutter cleaning service. If you don’t feel you received that, then let us know and we will make it right or refund your money.

Confidence in Quality: You should know that when you select Clean Pro Gutter Cleaning, you are getting the best in the business and that is what we are going to give you: the best.
Risk-Free Experience: If you don’t like our service, you don’t have to pay your bill. There is No Risk To You!
Customer-Centric Approach: Our customers our are lifeblood, we believe that customers come first!
Transparency: We will be transparent throughout the entire process to ensure you are always happy.
Timely Resolution: If we mess up, we will acknowledge it, fix it, and make you happy or we will refund your money and we will do this quickly.

Privacy Policy

At Clean Pro Gutter Cleaning Bookings, we understand the importance of protecting your privacy. We are committed to safeguarding the personal information of our website visitors and customers. In this policy, we outline how we collect, use, and protect your personal information when you visit our website.

Information We Collect: We collect two types of information when you visit our website:

Personal Information: We may collect personal information, such as your name, email address, and phone number, when you fill out a form on our website or contact us via email or phone.
Non-Personal Information: We may collect non-personal information, such as your IP address, browser type, and operating system, when you visit our website.

Use of Information: We use your personal information to:

Respond to your inquiries and requests.
Provide you with information about our services.
Process transactions and provide you with services.

We use non-personal information to:

Analyze how visitors use our website.
Improve our website and services.
Provide anonymous statistics to third-party service providers.

Protection of Information: We take the protection of your personal information seriously. We use industry-standard security measures to protect your personal information from unauthorized access, use, or disclosure.

Sharing of Information: We do not sell, trade, or rent your personal information to third parties. We may share your personal information with trusted third-party service providers who assist us in providing our services to you.

Cookies: We use cookies to improve your experience on our website. Cookies are small files that are placed on your computer or device when you visit our website. They allow us to remember your preferences and track how visitors use our website.

Third-Party Websites: Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these websites.

Consent: By using our website, you consent to our privacy policy and our terms of use.

Changes to Our Privacy Policy: We reserve the right to make changes to our privacy policy at any time. Any changes will be posted on this page.

Contact Us: If you have any questions or concerns about our privacy policy, please contact us via email or phone.

Terms of Use Policy

Byrd International, LLC
d/b/a Clean Pro Gutter Cleaning Bookings
Last Updated: 08/01/2025

PREAMBLE – PRELIMINARY MATTERS OF IMPORTANCE

These Terms and Conditions of Service (hereinafter, the “Terms”) constitute a binding legal agreement governing two separate but related legal relationships:
(1) The contractual relationship between you, the person or entity booking services through our Platform (as defined herein), and us, Byrd International, LLC, a South Dakota limited liability company, d/b/a Clean Pro Gutter Cleaning Bookings (“Booking Agent,” “we,” “us,” “our”), with our principal place of business located in Mountain View, Arkansas; and
(2) The contractual relationship between you and the independent contractor who is selected, booked, and bound to perform your work order (“Your Contractor”) through our Platform.

Your use of our Platform and/or booking of services through us constitutes acceptance of these Terms in their entirety. If you do not agree to all provisions herein, you must not use the Platform or book services through us.

These Terms are structured to make clear:

The terms of our agreement with you (“Our Agreement”), and
The terms of the cleaning or installation contract between you and Your Contractor (“Cleaning Contract”).

By booking through us, you acknowledge and agree that you have read, understood, and accepted these Terms, that you have the legal authority to enter into binding agreements, and that you will comply fully with all obligations herein.

I. DEFINITIONS

For the purposes of these Terms, and for clarity and enforceability, the following definitions shall apply. Many of these definitions incorporate contractual warranties and obligations that are binding on you, and therefore must be read carefully.

Platform – The collective online and offline systems, including but not limited to our website(s), mobile application(s), booking forms, telephonic booking service, email communications, and any associated scheduling or payment processing systems, through which you may request, arrange, book, and pay for services.
Booking Service – The service we provide whereby we match you with a pre‑qualified independent contractor for the performance of gutter cleaning, gutter guard installation, and/or related services, arrange scheduling, bind Your Contractor to your Cleaning Contract, and act as payment agent for Your Contractor.
Retail Customer / You – The person or entity using the Platform to book services.
- If you are booking on behalf of another person or legal entity, you represent and warrant that you have full legal authority to do so and that your booking will bind such person or entity to these Terms.
Your Contractor – The independent contractor assigned by us to perform the services you have booked. Your Contractor is not an employee, agent, partner, joint venturer, or representative of the Booking Agent. Your Contractor operates an independent business and is solely responsible for the manner, means, and methods of performing the work.
Job – The specific service or work scope you have booked through our Platform, as more fully described in your Quote Confirmation.
Job Location – The physical address and premises at which the Job will be performed.
- You warrant that you have full legal authority to grant access to the Job Location, and you indemnify and hold harmless both us and Your Contractor from any claim, demand, or cause of action arising out of your lack of such authority.
Quote Confirmation – The written or electronic confirmation issued by us specifying the details of your Job, including but not limited to the nature of the work, schedule, and contract price.
Committed Job – A Job that you have affirmatively accepted by verbal, written, or electronic means, thereby forming a binding agreement for the performance of that Job at the agreed price and under these Terms.
Pre‑Qualified Contractor – An independent contractor who has been screened by us for basic capability, insurance, and compliance with applicable law, and who has entered into our Independent Contractor Agreement.
Important Disclaimer: Pre‑qualification is conducted to a commercially reasonable standard but is not, and cannot be, a guarantee of safety, quality, or outcome. You are advised to take reasonable precautions to protect persons and property at all times during Job performance.
Cleaning Contract – The legally binding agreement between you and Your Contractor, consisting of:
a. These Terms (to the extent applicable to Your Contractor);
b. The Quote Confirmation; and
c. Any additional written commitments between you and Your Contractor arranged through us.
Completed‑Work Pictures – The photographic evidence, consisting of “before” and “after” images of all relevant work areas, required for verification of job completion.
Duly Authorized – You warrant and represent that you have full legal power and authority to authorize Your Contractor to enter upon the Job Location for the purpose of performing the work and that such entry will not constitute trespass. You further agree to indemnify and hold harmless both us and Your Contractor from any liability, claim, or expense arising out of unauthorized access or trespass.
Affiliate – Any entity that controls, is controlled by, or is under common control with us, as well as any owner, member, manager, officer, employee, agent, or representative of any such entity. For avoidance of doubt, Your Contractor is not an Affiliate of ours.
72‑Hour Gutter Guard Rule – A contractual provision applicable to all gutter guard installation Jobs whereby you may cancel without penalty within seventy‑two (72) hours of booking confirmation, after which time your obligation to pay the full contract price becomes irrevocably binding even if you later cancel or request changes.

PART 2 – TWO AGREEMENTS & OBLIGATIONS

II. THE TWO SEPARATE BUT RELATED AGREEMENTS

When you book a Job through our Platform, you are entering into two distinct contractual relationships, each of which is binding and enforceable:

A. The Agreement Between You and Us (“Our Agreement”)

This governs your legal relationship with Byrd International, LLC, acting as the Booking Agent.
It addresses matters such as:

Your use of the Platform and Booking Service,
Your payment obligations to us as Your Contractor’s authorized payment agent,
Our role in arranging and scheduling your Job,
Your duty to cooperate with us in connection with any disputes, warranty issues, or investigations, and
Limitations of liability, indemnities, and other protections in our favor.

Important Clarification:
We do not, ourselves, perform gutter cleaning, gutter guard installation, or related services. Our role is that of a booking, scheduling, and payment intermediary between you and an independent contractor. We select Your Contractor from our pool of Pre‑Qualified Contractors and bind Your Contractor to your Cleaning Contract upon your acceptance of a Quote Confirmation.

We operate solely as your Contractor’s authorized booking and payment collection agent. You agree that all payments for the Job must be made to us, and that we will remit payment to Your Contractor according to our contractual arrangement with them. You also agree that no payment made directly to Your Contractor shall be recognized as satisfying your payment obligation under these Terms.

B. The Agreement Between You and Your Contractor (“The Cleaning Contract”)

This governs your legal relationship with the independent contractor who actually performs the Job. The Cleaning Contract is a separate, direct, and legally binding agreement between you and Your Contractor, which is formed when you accept a Quote Confirmation issued by us.

The Cleaning Contract incorporates:

The applicable portions of these Terms that relate to Your Contractor’s obligations to you,
The specific terms stated in your Quote Confirmation (including price, work scope, and schedule), and
Any additional written commitments or modifications mutually agreed to through us.

Key Points Under the Cleaning Contract:

Your Contractor Alone Is Responsible for Performance – Your Contractor is solely and exclusively liable for fulfilling the Cleaning Contract.
No Employment Relationship – Your Contractor is an independent business entity or natural person, not an employee of ours.
OSHA & Safety Compliance – Your Contractor warrants that the Job will be performed in compliance with OSHA regulations and all other applicable safety laws.
Professional Standards – Your Contractor warrants to perform services in a professional, workmanlike manner, consistent with generally accepted industry standards.
Workmanship & Material Warranties –
- Gutter Cleaning: 30‑day workmanship warranty,
- Gutter Guard Installation: 1‑year workmanship warranty,
- Gutter Guard Materials Supplied by Us: 5‑year materials warranty.

C. Recourse for Breach of Cleaning Contract

If Your Contractor fails to meet their obligations under the Cleaning Contract, your recourse is solely against Your Contractor and not against us. We will assist in facilitating communications, dispute resolution, and warranty claims between you and Your Contractor, but we are not liable for breach of the Cleaning Contract.

III. YOUR OBLIGATIONS UNDER BOTH AGREEMENTS

When you book a Job, you expressly agree to all of the following:

Timely Payment of the Contract Price – You agree to pay the full contract price by the due date stated in your Quote Confirmation and these Terms.
Safe, Unobstructed Access – You agree to provide Your Contractor safe, unobstructed access to the Job Location, including removal of obstacles, vehicles, or other impediments.
Control of Animals – You agree to secure or restrain any pets or other animals that may pose a danger or distraction to Your Contractor.
Hazard Disclosure – You agree to disclose in writing to us and Your Contractor any known safety hazards or dangerous conditions at the Job Location, including but not limited to electrical hazards, structural instability, or unsafe ladder access points.
Authority to Grant Access – You warrant that you are the property owner or lawful occupant with full legal authority to grant access and to enter into the Cleaning Contract. If you are not the owner, you warrant that you have obtained the owner’s consent. You agree to indemnify and hold harmless both us and Your Contractor from any claims arising out of unauthorized access.
No Circumvention of the Platform – You agree that you will not bypass us to contract directly with Your Contractor during the term of your Job or within twenty‑four (24) months thereafter, unless you had a documented pre‑existing relationship disclosed to us in writing prior to booking. Liquidated damages apply in the amount of the greater of thirty‑five percent (35%) of all amounts paid to Your Contractor in violation of this clause or $250 per occurrence.
Cooperation in Dispute Resolution – You agree to cooperate fully with us and Your Contractor in investigating and resolving any warranty claim, service dispute, insurance claim, or legal inquiry related to your Job.
Compliance With Law – You agree to comply with all applicable laws and regulations in connection with your use of our Platform, Booking Service, and the performance of the Cleaning Contract.

IV. ADDITIONAL REPRESENTATIONS AND WARRANTIES BY YOU

In addition to the specific obligations stated above, you further represent, warrant, and covenant that:

Truthful Information – All information you provide to us in connection with booking a Job is true, accurate, current, and complete.
Legal Capacity – You are at least eighteen (18) years of age and have the legal capacity to enter into binding contracts.
Purpose of Booking – You are booking the Job for a lawful purpose and will not use the Platform or Booking Service for any fraudulent, misleading, or illegal activity.
Responsibility for Authorized Agents – If you book on behalf of another person or entity, you warrant that you have authority to bind them to these Terms and that you will ensure they comply fully with them.
Responsible Premises Access – You agree to take reasonable steps to ensure the premises are safe for Your Contractor’s entry and work, including addressing any known or reasonably foreseeable hazards.

PART 3 – BOOKING, CANCELLATION & RESCHEDULING

V. BOOKING A JOB

Formation of Binding Contract – When you accept a Quote Confirmation, whether verbally, electronically, or in writing, you are entering into:
- Our Agreement with us, the Booking Agent; and
- The Cleaning Contract with Your Contractor.
Method of Acceptance – Acceptance may occur by:
- Providing verbal confirmation by telephone or in person,
- Sending written confirmation by email, text, or other legible electronic means, or
- Clicking “Accept,” “Book,” “Confirm,” or similar in any electronic communication from us.
Reliance and Scheduling – Upon your acceptance:
- We schedule Your Contractor,
- We may order or reserve necessary materials (especially for gutter guard installations),
- We allocate specialized crews,
- We turn away other potential jobs to reserve your scheduled slot.
Authority Warranted – By booking, you warrant that you have full authority to bind the property owner or occupant and to allow access to the Job Location for the performance of the work. You agree to indemnify and hold harmless us and Your Contractor against any claims arising from a lack of such authority.

VI. CANCELLATION POLICIES

Cancellations are subject to the provisions below, which are binding and enforceable upon your acceptance of a Quote Confirmation.

A. Standard Cancellations (Non‑Gutter Guard Jobs)

After Contractor Arrival or En Route – If you cancel after Your Contractor:
- Has arrived at your Job Location; or
- Has reported traveling at least halfway to your Job Location,
you agree to pay a $65 Cost‑Indemnification Fee.
Rationale – This fee covers:
- Fuel and travel expenses,
- Opportunity cost from turning away other jobs,
- Administrative time spent in scheduling and preparation.
Timing of Cancellation – Cancellations must be made by direct communication with us during business hours. Leaving a voicemail, email, or text does not automatically cancel your Job until confirmed by our office.

B. Special 72‑Hour Gutter Guard Installation Rule

Because gutter guard installations involve unique logistical and material commitments, the following special cancellation terms apply:

72‑Hour Grace Period – You may cancel your gutter guard installation without penalty if we receive your written notice of cancellation within seventy‑two (72) hours of the booking confirmation timestamp.
Legally Binding After 72 Hours – Upon the expiration of the 72‑hour grace period:
- Your order becomes irrevocably binding,
- You are liable for the full contract price, and
- This obligation remains even if you later cancel or request changes.
Reason for Rule – Gutter guard projects require:
- Advance ordering or allocation of materials,
- Scheduling of specialized crews,
- Reservation of installation equipment,
- Coordination with supply and fabrication vendors,
- Blocking of calendar slots that cannot be easily re‑booked.
Rescheduling After 72 Hours – We may, at our sole discretion, attempt to reschedule your installation, but:
- You will remain liable for the full original contract price, and
- You will be responsible for any additional costs we incur due to the change.
Non‑Refundable Deposits – We may, at our discretion, require a non‑refundable deposit at the time of booking for gutter guard installations. Such deposit will be credited toward your total contract price but will not be refunded if you cancel after the 72‑hour grace period.

C. Other Cancellation Circumstances

Force Majeure Events – Neither we nor Your Contractor will be liable for any failure or delay caused by events beyond our reasonable control, including but not limited to severe weather, equipment failure, transportation disruptions, supply chain interruptions, illness, injury, natural disasters, or government actions.
Cancellation by Us – We may cancel a Job without liability to you if:
- You breach these Terms or the Cleaning Contract,
- The Job Location is unsafe or inaccessible,
- Conditions materially differ from those represented at booking,
- Your requested changes make the Job materially different from the one quoted.
Effect of Breach on Refunds – If your Job is canceled due to your breach of these Terms, you will not be entitled to a refund and may be charged for any costs incurred.

D. Process for Requesting Cancellation or Rescheduling

Notification Requirement – All requests must be sent to our designated cancellation channel (telephone, email, or online portal) and must be acknowledged by us in writing to be effective.
Content of Request – Your request must include:
- Your name and booking reference number,
- The Job Location address,
- Whether you are requesting cancellation or rescheduling,
- For rescheduling, your preferred alternative date(s).
Confirmation of Receipt – We will send you a written confirmation acknowledging your request and specifying any applicable fees.

E. Booking Price Errors

Right to Correct Errors – If we discover an obvious or material pricing error after your Job is booked:
- We will promptly notify you of the correct price,
- You may choose to accept the corrected price or cancel without penalty.
Post‑Performance Error Discovery – If the error is discovered only after the Job has been completed, you agree to pay the correct price as determined using our standard pricing methodology.
No Obligation to Honor Mistakes – We are not obligated to honor bookings made at obviously erroneous prices, even if you have received a Quote Confirmation.

PART 4 – PAYMENT TERMS, WARRANTIES & SAFETY OBLIGATIONS

VII. PAYMENT TERMS

Payment to Us as Authorized Collection Agent
- All payments for Jobs booked through our Platform are to be made to us, Byrd International, LLC, in our capacity as the authorized collection and payment processing agent for Your Contractor.
- Your payment to us satisfies your payment obligation to Your Contractor.
- Important: Any payment made directly to Your Contractor will not be recognized as fulfilling your obligation under the Cleaning Contract or these Terms.
Due Date for Payment
- Unless otherwise specified in your Quote Confirmation, the contract price is due and payable in full upon completion of the Job, and no later than the payment deadline stated in the Quote Confirmation or invoice.
- For certain Jobs (including, but not limited to, gutter guard installations), we may require partial or full prepayment, or a non‑refundable deposit.
Method of Payment
- We accept payment by approved credit card, debit card, ACH transfer, or other payment methods we designate.
- Payment processing is performed through secure, PCI‑compliant systems. You agree to pay any fees charged by your financial institution for such transactions.
Non‑Payment and Remedies
- Failure to pay when due constitutes a breach of these Terms and the Cleaning Contract.
- In the event of non‑payment, we may:
  a. Suspend or terminate further service;
  b. Refer your account to collections;
  c. Initiate legal action;
  d. Recover all associated costs, including reasonable attorney fees, collection fees, court costs, and interest at the maximum rate permitted by law.
Refunds
- Refunds are granted solely at our discretion unless required by applicable law.
- No refunds are provided for gutter guard installations canceled after the expiration of the 72‑hour grace period (see Section VI.B).
- Any approved refund will be credited to the original form of payment within a reasonable time.
Booking Price Errors
- See Section VI.E for our right to correct obvious or material pricing errors.

VIII. WARRANTIES

A. Contractor Workmanship & Materials Warranties

Your Contractor warrants to you that all services will be performed:

In a good, professional, workmanlike manner;
In compliance with all applicable laws and regulations; and
In accordance with generally accepted industry standards.

The following specific warranty periods apply:

Gutter Cleaning – Thirty (30) day workmanship warranty from the completion date.
Gutter Guard Installation – One (1) year workmanship warranty from the completion date.
Materials Warranty for Gutter Guards Supplied by Us – Five (5) years from the completion date against defects in materials.

B. Warranty Exclusions

These warranties do not cover:

Damage or conditions resulting from:
- Acts of God, extreme weather, falling debris, or other natural causes;
- Structural defects in your property;
- Alterations, repairs, or modifications performed by anyone other than Your Contractor;
- Failure to properly maintain gutters, roofs, or downspouts.
Normal wear and tear, seasonal accumulation of debris, or conditions beyond the control of Your Contractor.

C. Warranty Claim Procedure

Notice – You must notify us in writing of any warranty claim within the applicable warranty period.
Inspection – We and/or Your Contractor may inspect the work in person or by reviewing photographic evidence you provide.
Remedy – If the warranty claim is valid, the sole and exclusive remedy is repair or re‑performance of the affected service by Your Contractor, at no additional cost to you.
No Cash Refunds for Warranty Claims – Remedies are limited to repair or re‑performance. Refunds will not be issued in lieu of corrective work.

IX. SAFETY OBLIGATIONS

A. OSHA & Legal Compliance

Contractor’s Obligation – Your Contractor warrants that all work will be performed in compliance with the Occupational Safety and Health Act (“OSHA”), all applicable state and local safety laws, and generally recognized safety standards for the industry.
Customer’s Role – You must not create or allow unsafe conditions that would interfere with Your Contractor’s ability to perform the work in a safe and lawful manner.

B. Customer’s Safety Duties

You agree to:

Provide Your Contractor with safe, unobstructed access to all work areas;
Secure or restrain all pets and animals to eliminate risk of injury or interference;
Identify and disclose any known hazards, including electrical hazards, unstable surfaces, hazardous materials, or any condition that could pose a risk to persons or property;
Refrain from directing Your Contractor to perform work in a manner that would violate OSHA or other safety regulations.

C. Consequences of Unsafe Conditions

Right to Refuse or Suspend Work – If unsafe conditions are present and cannot be immediately remedied, Your Contractor may refuse to begin work or may suspend work until the hazard is corrected.
Excused Performance – If unsafe conditions prevent work from proceeding, this will be deemed an excused non‑performance under the Cleaning Contract, and neither we nor Your Contractor will be liable for failure to complete the Job on time.
Costs Incurred – You may be charged for additional costs, delays, or return trips caused by unsafe or inaccessible conditions.

D. Customer’s Indemnity for Unsafe Conditions

You agree to indemnify, defend, and hold harmless both us and Your Contractor from any claim, liability, or expense arising out of injuries to persons (including Your Contractor’s personnel) or damage to property caused in whole or in part by unsafe or hazardous conditions at the Job Location that you knew or should have known about and did not remedy or disclose.

PART 5 – LIMITATION OF LIABILITY, DISPUTE RESOLUTION, INTELLECTUAL PROPERTY & INDEMNIFICATION

X. LIMITATION OF LIABILITY

A. No Liability for Contractor’s Acts or Omissions

You acknowledge and agree that:

We are not responsible or liable for any act, error, omission, representation, breach of warranty, negligence, malfeasance, or misfeasance by Your Contractor.
All obligations to perform the Cleaning Contract rest solely and exclusively with Your Contractor.
Your sole recourse for breach of the Cleaning Contract is against Your Contractor, and not against us, our owners, managers, members, employees, or affiliates.

B. Limitation of Our Liability

To the fullest extent permitted by applicable law:

Neither we nor any of our affiliates will be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to lost profits, loss of goodwill, loss of use, or loss of data.
Our total aggregate liability to you for any claim, whether in contract, tort, strict liability, or otherwise, shall be limited to the greater of:
a. The total amount you paid for the specific Job giving rise to the claim, or
b. One hundred dollars ($100.00).

C. Allocation of Risk

This limitation of liability reflects an intentional allocation of risk between you and us, a recognition of the limits of our role as a booking agent, and the fact that we do not directly control or perform the work at your Job Location. This limitation shall apply even if a limited remedy fails of its essential purpose.

D. Foreseeability & Direct Causation

Any damages claimed must be:

Reasonably foreseeable to both parties at the time of contracting,
Actually suffered or incurred by you, and
Directly attributable to our actions (not those of Your Contractor or other third parties).

E. Force Majeure

Neither we nor Your Contractor shall be liable for any failure or delay in performance due to causes beyond reasonable control, including but not limited to:

Acts of God or nature,
Extreme weather,
Fire, flood, or earthquake,
Epidemic or pandemic,
Transportation or communication failures,
Labor disputes,
Government actions,
Equipment failure not caused by the affected party.

If a Force Majeure Event occurs:

The affected party’s obligations will be suspended for the duration of the event, and
Performance will resume as soon as reasonably possible thereafter.

XI. DISPUTE RESOLUTION

A. Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to:

These Terms,
The Cleaning Contract,
Your booking,
shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

B. Venue & Governing Law

Governing Law – These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to conflict‑of‑laws principles.
Venue – The arbitration shall take place in Stone County, Arkansas, unless both parties agree otherwise in writing.

C. Arbitrator’s Authority

The arbitrator shall have exclusive authority to:

Determine the interpretation, applicability, enforceability, or formation of these Terms, and
Resolve any claim that all or part of these Terms is void or voidable.

D. Waiver of Class Actions

You, we, and Your Contractor expressly agree that:

All proceedings shall be conducted only on an individual basis and not in a class, collective, consolidated, or representative action.
No court or arbitrator shall have authority to consolidate claims of multiple parties.

E. Waiver of Jury Trial

You, we, and Your Contractor waive any right to a jury trial in any action, proceeding, or counterclaim arising out of or relating to these Terms, the Cleaning Contract, or your booking.

F. Injunctive Relief

Notwithstanding the arbitration requirement:

We may seek injunctive relief in any court of competent jurisdiction to prevent or stop:
- A violation of our non‑circumvention rights (see Section III.6),
- A breach of our confidentiality provisions,
- Infringement of our intellectual property rights.
You agree that any such breach would cause irreparable harm for which monetary damages would be an inadequate remedy.

XII. INTELLECTUAL PROPERTY RIGHTS

A. Ownership

All trademarks, trade names, service marks, logos, graphics, text, images, photographs, and other intellectual property used on the Platform are owned by us, licensed to us, or used with permission.
You acquire no rights in our intellectual property except as expressly granted in these Terms.

B. Use Restrictions

You may not:

Use our intellectual property for any purpose without prior written consent,
Reproduce, modify, distribute, or create derivative works from any content on the Platform,
Incorporate any part of our Platform into any other website or service without authorization.

C. Customer‑Provided Content (“Submissions”)

By submitting reviews, photographs, videos, or other content:

You grant us a perpetual, irrevocable, worldwide, royalty‑free, sublicensable license to use, reproduce, adapt, publish, and display such content for any lawful purpose.
You waive any moral rights you may have in such content.
You warrant that your submissions:
- Are your original work or that you have the necessary rights to submit them,
- Do not infringe any third‑party rights, and
- Do not contain harmful, defamatory, obscene, or illegal material.

D. Content Standards

You agree not to submit any content that:

Violates applicable laws,
Infringes the rights of others,
Contains viruses or harmful code,
Is harassing, threatening, or otherwise objectionable.

We may remove any content that violates these standards without notice.

XIII. INDEMNIFICATION

A. Your Indemnity Obligations

You agree to defend, indemnify, and hold harmless:

Us,
Our affiliates,
Our owners, managers, members, officers, employees, agents, and representatives,
from and against any and all claims, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorney fees and court costs) arising from or related to:

Your breach of these Terms or the Cleaning Contract,
Your negligence or willful misconduct,
Any unsafe or hazardous condition at the Job Location,
Any claim by a third party alleging injury or damage caused in whole or in part by your acts or omissions.

B. Scope and Survival

This indemnity applies to the fullest extent permitted by applicable law.
It survives the completion of the Job, termination of the Cleaning Contract, and termination of these Terms.

PART 6 – MISCELLANEOUS PROVISIONS & NOTICES

XIV. MISCELLANEOUS PROVISIONS

A. Entire Agreement

These Terms, together with:

Your Quote Confirmation,
The Cleaning Contract between you and Your Contractor (to the extent applicable),
Any written modifications agreed to by us and you,
constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous understandings, whether written or oral.

B. No Waiver

No failure or delay by us in exercising any right, power, or remedy shall constitute a waiver of that right, power, or remedy, nor shall any single or partial exercise thereof preclude any other or further exercise of that or any other right, power, or remedy.

C. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable:

That provision shall be modified to the minimum extent necessary to make it enforceable, and
The remaining provisions shall remain in full force and effect.

D. Assignment

We may assign or transfer our rights and obligations under these Terms to any affiliate, successor, or purchaser of our business without your consent.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Any attempted assignment in violation of this clause shall be null and void.

E. Relationship of the Parties

Nothing in these Terms shall be construed to create:

A partnership,
Joint venture,
Employment,
Franchise, or
Agency relationship
between you and us.
Your Contractor is an independent contractor and not our employee, and we do not control the means or methods of their work.

F. Survival of Obligations

Provisions of these Terms which by their nature should survive termination shall do so, including:

Payment obligations,
Indemnities,
Warranty limitations,
Non‑circumvention,
Dispute resolution,
Intellectual property rights,
Confidentiality obligations.

XV. TERMINATION

A. Termination by You

You may terminate your use of our Platform and Booking Service at any time by ceasing all use and providing written notice to us, subject to the cancellation provisions in Section VI.

B. Termination by Us

We may terminate your access to the Platform or Booking Service, and/or refuse to book additional Jobs for you, immediately upon written notice if:

You breach any provision of these Terms,
You engage in conduct that damages or is likely to damage our reputation, goodwill, or relationships with contractors or customers,
You fail to pay any amounts due when owed.

We may also terminate without cause upon thirty (30) days’ written notice to you.

C. Effect of Termination

Termination shall not affect:

Your obligations to pay amounts already due,
Any Job already booked (unless canceled in accordance with these Terms),
Any provision of these Terms intended to survive termination.

XVI. NOTICES

A. Method of Notice

All legal notices required or permitted under these Terms shall be in writing and shall be deemed duly given:

Upon receipt if personally delivered;
Upon receipt if sent by certified or registered mail, return receipt requested;
Upon receipt if sent by a nationally recognized overnight courier service (such as FedEx or UPS);
Upon confirmed transmission if sent by facsimile (fax); or
Upon confirmed transmission if sent by email to the addresses provided below.

B. Addresses for Notice

To Us:
Byrd International, LLC
120 East Main St.
Mountain View, Arkansas 72560
To Our Legal Counsel:
Crochet & Landreneau, PLLC
Attention: Gerald Crochet, Jr.
10201 W. Markham St., Suite 213
Little Rock, Arkansas 72205
To You:
At the mailing address, email address, or fax number provided by you at the time of booking.

C. Changes to Contact Information

You agree to promptly notify us in writing of any change to your mailing address, email address, or other contact details.

XVII. GOVERNING LAW & VENUE

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict‑of‑laws rules.
Subject to the arbitration provisions in Section XI, any court proceedings shall be brought exclusively in the Circuit Court of Stone County, Arkansas or the United States District Court for the Eastern District of Arkansas.

XVIII. INTERPRETATION

These Terms shall be construed as drafted jointly by both parties and no presumption or burden of proof shall arise favoring or disfavoring either party by virtue of authorship.

XIX. HEADINGS

Headings and section titles in these Terms are for convenience only and shall not affect the meaning or interpretation of any provision.

XX. ACCEPTANCE

By booking a Job through our Platform, you acknowledge that you have read, understood, and agree to be bound by:

These Terms in their entirety,
The arbitration requirement,
The waiver of jury trial,
The limitation of liability,
The non‑circumvention restriction, and
The 72‑hour gutter guard cancellation rule.

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