1. Legal Notice and Acceptance
This AX Masonry (“ AX Masonry”) Terms and Conditions (“Agreement”) is provided to you (“User” “Client” or “you”) in connection with the user’s engagement of AX Masonry for Bricklaying and Masonry Services (“Services” or “Project”). By soliciting and/or accepting the Services of AX Masonry, you agree to be bound by and accept the terms of this Agreement. Please read this Agreement in its entirety. These terms set forth herein comprise the entire agreement between AX Masonry and Client with respect to the Services.
In addition, there could be a variety of special Services offered to Users through the Website that may have particular conditions (hereinafter referred to as “Particular Conditions”), which may replace, supplement or modify this TOS. Thus, the User must carefully read the corresponding Particular Conditions prior to using the aforementioned Services.
Likewise, the use of the Website is governed by the notices, terms of service and instructions made available to the User by AX Masonry, which replace, supplement or modify this Legal Notice.
2. Use of this Website
This website is offered to users for free. We do not ask for any sensitive information online unless our services is requested.
Users commit themselves to use the Website and the Services in accordance with law, this Legal Notice, the Particular Conditions of certain Services and any applicable guidelines, rules and/or instructions brought to their attention as well as the morale and generally accepted good practices and public interest.
For such purposes, the User will abstain from using any of the services for illegal reasons, prohibited in the present legal warning, prejudicial of the rights and interests of third parties, or that in any way could harm, annul, overload, deteriorate or impede the normal use of the services, the computer equipment or the documents, files and any kind of contents stored in any computing equipment (hacking) of this website, other Users or any Internet User (hardware and software).
In particular, and by way of illustration and not limitation, the User commits to not transmitting, promoting or making available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any class of material that:
These unruly activities include the following but not limited to:
- Unauthorized copying or cloning of our website and links to appear that the fraudulent website is legitimate. This includes copying texts, images and branding elements like color scheme and logo.
- Any forms of plagiarism, copying AX Masonry original content, text and images to use for their own websites or social media content.
- Including our company name, logo and links to undesirable messages that defame, incriminate or abuse any person, group or entity.
- Leaving spam links on out site which leads to questionable 3rd party websites.
- Using our content: images, text and videos to defame or incriminate our brand, spreading fear, anxiety, rumors or hoax around the internet like social media.
- Sending messages (email, text or email) to people, under the guise of our company, URL and brand. Only authorized representatives from our company are allowed to transact business under AX MASONRY brand.
- Other activities that are considered fraudulent, harmful and non-ethical to the general public or private individual
3. Authorization and Consent
The Client shall authorize AX Masonry or its representatives, contractors, and employees to conduct an evaluation of the Client’s requirements in order to determine the nature of the project, estimate of construction costs and time required for service. The initial evaluation is free and no work beyond the evaluation will be performed or charged without the Client’s approval and consent. The Client also authorizes AX Masonry to take any and all reasonable effort and measures necessary to determine the viability of the project.
The Client hereby represents warrants and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information regarding the property. Client further agrees to defend, at its expense, indemnify, and hold AX Masonry harmless against any third-party claims of ownership property provided by Client.
Once AX Masonry has completed its initial evaluation and identified the scope of work necessary to complete the masonry services, AX Masonry will contact Client for consent to proceed. AX Masonry will provide Client with a Project Plan and an estimate for completion of the Services. Upon approval of the Project Plan, Client shall complete a Credit Card Authorization Form authorizing AX Masonry to complete the Services and charge Client’s credit card for the Services.
Payment is due in full upon completion of successful project. Client is financially responsible for all international shipping costs, custom duties and taxes incurred in the project.
5. Limitations of Liability
AX Masonry shall not be liable as a result of this Agreement or the performance of Services therein, for any claims regarding the physical functioning of property or the condition or existence of purchased supplies before, during or after Services.
The Client understands and accepts that perfect execution is not promised nor guaranteed by AX Masonry. In no event will AX Masonry or any contractor, employee, or agent of AX Masonry be liable for any loss of revenue or profit or any special incidental, or consequential damages, however caused, in connection with this Agreement or any Services provided by AX Masonry or its representatives, contractors, or employees; even if AX Masonry has been advised of the possibility of the project to incur damage or loss to property (IE: cutting off old trees).
AX Masonry’s liability shall be limited to the contract price for the services. Client and AX Masonry agree that the sole and exclusive remedy for AX Masonry’s inability finish the project shall be, at AX Masonry’s option, either (a) additional attempts by AX Masonry to recover the data; or (b) a refund of any amount paid by the Client.
Client acknowledges the inherent risks and property damage involved in bricklaying and masonry, including without limitation, damages, injury or similar due to untoward accidents.
The parties to this Agreement shall submit all disputes relating to this Agreement or to either party’s performance hereunder, or any nature whatsoever, to arbitration, including but not limited to tort, contract, statutory, or equitable in accordance with the Rules of the American Arbitration Association, except that any claim in connection with AX Masonry seeking equitable relief in connection with AX Masonry’s intellectual property rights or nonpayment for Services performed which may be brought in a court of law rather than in arbitration. Either party may enforce the award of the arbitrator in a court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial as to issues covered by this arbitration agreement. The arbitration shall take place in Virginia, and the laws of the State of Texas shall apply to this Agreement.
8. Pre-Dispute Notice to AX Masonry
In exchange for the valuable services and consideration provided by AX Masonry, Client agrees that at least 90 days before initiating any formal dispute with AX Masonry, including the filing of any demand for arbitration, the Client shall first submit a sworn, written, and signed declaration to AX Masonry, stating the Client’s name, the problems experienced with AX Masonry’s Services, in detail, an itemization of all alleged losses claimed as a result of AX Masonry conduct, and all information known to the Client concerning any claimed contract breaches or other actionable conduct of AX Masonry pursuant to this Agreement. This declaration must state, at the end of the text and above the signature, “I declare under penalty of perjury that the foregoing is true and correct.” This declaration will enable AX Masonry to review factual information about the alleged dispute so that any issues may be evaluated and resolved, potentially without the need for further proceedings.
Client and AX Masonry agree that the sole and exclusive remedy for disputes relating to Services provided pursuant to this Agreement shall be, at AX Masonry’s option, additional attempts by engineers of AX Masonry to recover satisfactory data or to refund the amount paid by the Client in full or part. AX Masonry will retain a copy of Client’s recovered data for a period of seven (7) days from the date of dispatch. During this period AX Masonry will answer any queries concerning the recovered data and, if required, provide further copies. Any documents left with AX Masonry after 1 year, will be securely disposed of in an appropriate manner and in no event will AX Masonry be liable to Client or any third party whatsoever for the data.
9. Delivery and Shipping of Supplies, Tools, and Equipment
All supplies or equipment that requires shipping and handling are ordered and managed by AX Masonry as part of Project Management. However any additional supplies, tools or materials purchased by the Client that is not within the project agreement shall be the Client’s liability.
10. Miscellaneous Provisions
Due to the nature of bricklaying and masonry, AX Masonry technicians may be required to carry out physical work on site. The Client understands that the property made available to AX Masonry is may have been already damaged, and construction efforts may unknowing result in further damage. The Client also understands that property warranties may become void and that AX Masonry is not responsible for this or any other type of damage.
Client is aware that on occasion, AX Masonry may be required to do additional work or purchases to continue with the preliminary phases and/or carry out its building efforts. AX Masonry reserves the right to charge the Client for such additional work or purchase of materials, at an agreed cost.
On rare occasions, AX Masonry may require the Client to cover some of the cost in the on going project. This only applies when the construction is discovered to be more complex or when severe damage has occurred after initial inspection has been done.
Client warrants to AX Masonry that the Services requested pursuant to this Agreement are not related to or in connecting with any pending litigation matters including but not limited to criminal cases, civil litigation, and human resource and employment proceedings. (IE: remodelling a property that is still under a forensic investigation or court proceedings). AX Masonry shall not be held liable for rendering changes to properties that fall under these circumstances.
Client warrants to AX Masonry that it is the owner of, and/or has the right to be in possession of, all equipment and materials furnished to AX Masonry; and Client will defend, at its expense, indemnify, and hold AX Masonry harmless against any damages or expenses that may occur (including attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against AX Masonry resulting from Client’s breach of this Agreement. This Agreement is intended by the Parties to be the final expression of their agreement, and it constitutes the full and entire understanding between the Parties with respect to the subject hereof. This Agreement may be amended only by a writing signed by all Parties herein. The construction, interpretation and enforcement of this Agreement shall be governed by the substantive contract law of the Commonwealth of Virginia without regard to its conflict of law provisions. Should any part, term, or provision of this Agreement be declared invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect and shall no way be invalidated, impaired, or affected thereby.
AX MASONRY MAKES AND CLIENT RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOODS OR SERVICES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CLIENT, AND AX MASONRY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.
End of Agreement