Legal
Terms & Conditions
Effective Date: August 5, 2026 · Last Updated: August 5, 2026
These Terms & Conditions (“Terms”) govern access to https://deckandfencerestoration.com (the “Website”) and certain interactions with Deck and Fence Restoration, Inc., doing business as Deck & Fence Restoration (“Deck & Fence Restoration,” “Company,” “we,” “us,” or “our”). They also establish general conditions that may be incorporated into an estimate, proposal, work order, invoice, change order, or service agreement issued by the Company.
Website use alone does not create a construction or service contract. Each project is governed by the written estimate, proposal, work order, contract, approved change orders, invoice, applicable disclosures, and any other project-specific document accepted by the customer (collectively, the “Project Documents”). If these Terms conflict with a signed project-specific agreement, the signed project-specific agreement controls to the extent of the conflict.
By using the Website, submitting a request, electronically accepting a proposal, signing a Project Document, paying a deposit or invoice, authorizing work in writing, or otherwise accepting services, you acknowledge that you have reviewed and agree to the applicable Terms and Project Documents. Nothing in these Terms waives a right or remedy that cannot lawfully be waived.
1. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a contract to approve work or use paid services. By requesting or authorizing work, you represent that you are the property owner or have authority from the owner to authorize the requested inspection and services.
If more than one owner or responsible party is identified in the Project Documents, each person signing or approving the work is responsible as provided in those documents and applicable law.
2. Services
The Company may provide deck, fence, railing, stair, pergola, gazebo, privacy-wall, and related exterior-wood services, including inspection, cleaning, washing, surface preparation, stripping, brightening or neutralizing, sanding, staining, sealing, painting, board replacement, resurfacing, carpentry, repairs, construction, demolition, disposal, maintenance, and related services.
Available services vary by location, property condition, licensing or permit requirements, crew availability, weather, materials, and the written Project Documents. Website descriptions are general information and do not guarantee that a particular service, technique, product, result, or schedule is appropriate or available for every property.
3. Website Information and Instant Quotes
Website content, calculators, price ranges, instant quotes, online measurements, photographs, examples, and educational materials are provided for general informational and preliminary-estimating purposes. An online or instant quote is not a final offer or binding price unless the Company expressly identifies it as such in writing.
Final scope and pricing may require an on-site inspection, verification of measurements, assessment of coatings and substrate conditions, material selection, access review, and confirmation of the customer’s requirements. The Company may correct typographical, mathematical, technical, or pricing errors before a contract is accepted.
4. Estimates and Scope of Work
Unless a Project Document states otherwise, estimates are based on visible and reasonably accessible conditions and information available when the estimate is prepared. The estimate includes only the labor, materials, quantities, surfaces, and services expressly identified in writing. Work not expressly included is excluded.
Unless otherwise stated, estimates remain valid for fifteen (15) calendar days. After that period, the Company may confirm, revise, or withdraw pricing based on labor costs, material prices, product availability, scheduling, or changed conditions.
Measurements and quantities stated in an estimate may be approximate unless expressly identified as fixed. Clerical or calculation errors may be corrected before final acceptance. A customer’s budget, insurance estimate, third-party estimate, or expectation does not modify the Company’s scope or price unless incorporated into a written Project Document.
5. Hidden, Unsafe, and Unforeseen Conditions
Exterior structures and coatings may conceal damage that cannot reasonably be identified before work begins. Cleaning, stripping, sanding, removal, demolition, or repair may reveal conditions including:
- Rot, decay, mold, insect damage, water intrusion, or structural movement;
- Failed, corroded, concealed, or improperly installed fasteners and connectors;
- Defective framing, footings, posts, beams, joists, ledgers, stringers, railings, or stairs;
- Prior repairs or construction that is unsafe, concealed, incomplete, or inconsistent with applicable requirements;
- Lead-based coatings, asbestos-containing material, chemical contamination, or other suspected hazardous material;
- Multiple incompatible coatings, adhesion failure, or damage hidden by paint, stain, sealer, coverings, vegetation, or stored items;
- Underground, embedded, or concealed utilities, irrigation, wiring, piping, drainage, or other site conditions; and
- Conditions differing materially from information provided by the customer.
The Company may pause or limit work when an unsafe, concealed, hazardous, or materially different condition is discovered. Corrective work, specialty testing, engineering, remediation, permits, demolition, disposal, additional preparation, or replacement is not included unless expressly stated. The Company will seek written approval for additional work whenever reasonably practicable. If the parties do not approve a necessary change, the Company may terminate or suspend the affected work and invoice for work performed, committed materials, mobilization, protection, and reasonable closeout costs, subject to applicable law and the Project Documents.
The Company is not an engineering, architectural, environmental-testing, pest-control, mold-remediation, asbestos-abatement, or lead-abatement firm unless expressly stated in a signed Project Document.
6. Change Orders and Additional Work
A change to scope, materials, color, layout, specifications, timing, access, or price must be documented through a written change order, revised proposal, email, text message, CRM approval, or other written authorization accepted by the parties. Oral discussions do not change the Project Documents unless confirmed in writing.
Customer-requested changes, hidden conditions, code or permit requirements, unavailable materials, inaccurate customer information, access restrictions, and work made necessary by others may affect price and schedule. Approved additional work may be invoiced separately and may require payment before work continues.
Emergency or temporary measures reasonably necessary to protect persons, exposed work, or property may be performed without advance approval when immediate authorization cannot reasonably be obtained, but only to the extent permitted by the Project Documents and applicable law.
7. Materials and Products
The Company selects and supplies materials unless the Project Documents expressly state otherwise. Customer-supplied products or materials are not accepted unless specifically approved in writing before the project is scheduled.
Material samples, manufacturer images, digital colors, and prior-project photographs are illustrative. Actual color, grain, texture, dimensions, sheen, and appearance may vary by production batch, substrate, lighting, age, weather, and application.
If a specified product becomes unavailable, discontinued, delayed, restricted, or materially more expensive, the Company may propose a reasonably comparable substitute, revised price, or schedule adjustment. No substitution requiring a material change will be made without customer approval when approval is reasonably practicable.
Unused custom-ordered, opened, tinted, mixed, cut, special-order, or nonreturnable material may remain chargeable as stated in the Project Documents. Ownership and disposition of unused materials will be determined by the Project Documents, supplier terms, and applicable law.
8. Exterior Wood and Finish Limitations
Wood is a natural material that changes with age, moisture, temperature, ultraviolet exposure, and use. Cleaning, sanding, staining, sealing, painting, and repair cannot make old or previously coated wood identical to new wood.
The customer acknowledges that results may vary because of wood species, age, grain, mill glaze, weathering, moisture, porosity, sap, tannins, knots, checking, cracking, warping, cupping, prior coatings, repairs, replacement boards, fasteners, shade, sun exposure, drainage, and maintenance history.
The Company does not guarantee:
- Exact color matching or uniform absorption;
- Elimination of all stains, discoloration, coating shadows, fastener marks, mill marks, cracks, checking, raised grain, or prior damage;
- Identical appearance between old and replacement wood;
- Prevention of future fading, weathering, movement, checking, cracking, peeling caused by underlying conditions, or biological growth; or
- A specific service life for a coating unless expressly warranted in writing.
Cleaning and pressure-washing processes may expose pre-existing defects, loosen failed coatings, raise weathered fibers, or reveal color variation. These outcomes are not necessarily defects in workmanship. Additional sanding or preparation is included only when stated in the Project Documents.
9. Scheduling, Weather, and Delays
Unless expressly guaranteed in writing, scheduling, start dates, workdays, drying periods, curing periods, return visits, and completion dates are estimates. Exterior work depends on appropriate temperature, humidity, precipitation, wind, sunlight, surface moisture, product specifications, and safe site conditions.
The Company may postpone, interrupt, resequence, or extend work because of weather, unsuitable moisture, cure requirements, supplier delay, permit or inspection delay, labor interruption, equipment failure, illness, emergencies, customer changes, inaccessible work areas, acts or omissions of third parties, force majeure, or circumstances beyond reasonable control.
Weather or other excusable delay does not constitute abandonment or breach. The Company will use commercially reasonable efforts to resume work when conditions permit.
10. Customer Responsibilities
Unless otherwise agreed in writing, the customer must:
- Provide accurate project, ownership, access, measurement, coating, and site information;
- Provide safe, timely access to the work area during scheduled hours;
- Provide access to functioning water and electricity when reasonably required and previously disclosed;
- Remove furniture, grills, planters, decorations, toys, hoses, pet items, vehicles, and other movable property from or near the work area;
- Secure pets and keep children, occupants, guests, and other contractors away from active work areas, wet coatings, tools, and materials;
- Identify known utilities, irrigation, low-voltage wiring, drainage components, septic features, buried objects, fragile landscaping, security systems, and known hazardous conditions;
- Protect or identify items requiring special care that are not reasonably apparent;
- Keep gates, driveways, walkways, and designated work areas accessible;
- Avoid touching, walking on, covering, watering, or placing furniture on treated surfaces before the advised drying or curing period; and
- Make required selections and approvals without unreasonable delay.
Customer-caused delay, failed access, undisclosed conditions, interference by others, or failure to prepare the site may result in rescheduling, additional mobilization, labor, storage, or return-visit charges when authorized by the Project Documents and applicable law.
11. Property Protection and Existing Conditions
The Company will use reasonable care in performing the contracted work. The customer should photograph or disclose known fragile, damaged, loose, leaking, improperly installed, or valuable items near the work area before work begins.
The Company is not responsible for failure or damage caused by pre-existing deterioration, hidden defects, improper prior installation, ordinary vibration, ordinary and unavoidable dust or overspray migration despite reasonable precautions, defective utilities, unstable structures, incompatible coatings, or the acts of customers, occupants, animals, landscapers, other contractors, or third parties, except to the extent responsibility cannot lawfully be disclaimed.
The customer must notify the Company promptly after discovering alleged damage or a workmanship concern and provide a reasonable opportunity to inspect and, when appropriate, cure the condition before hiring another contractor or altering the affected work, except in an emergency or where prohibited by law.
12. Permits, Codes, Associations, and Property Restrictions
Responsibility for permits, surveys, utility marking, engineering, architectural plans, inspections, homeowners’ association approval, historic-district approval, and similar requirements will be allocated in the Project Documents.
Unless expressly included, the customer is responsible for obtaining and paying for homeowners’ association or private-community approvals and providing applicable rules before materials are ordered. The Company is not responsible for undisclosed private restrictions.
Discovery that an existing structure does not meet current codes or accepted construction practices may require a change in scope, price, or schedule. The Company is not obligated to conceal, reproduce, or continue unsafe or unlawful work.
13. Deposits, Payments, and Invoices
Deposit, progress-payment, and final-payment requirements will be stated in the applicable Project Documents. A deposit may be required before scheduling is confirmed, custom materials are ordered, or work begins. Deposits will be applied to the contract price and handled in accordance with the Project Documents and applicable law.
Unless otherwise stated in writing:
- Payment is due according to the dates or milestones in the Project Documents;
- Additional approved work may be invoiced separately;
- Final payment is due when the contracted work is substantially complete, except for agreed punch-list work that does not materially prevent intended use;
- Acceptance of a partial payment does not waive the unpaid balance; and
- The customer may not withhold an amount disproportionate to a good-faith disputed item where prohibited by the agreement or applicable law.
The Company may suspend work or scheduling for overdue payments after any notice required by law or the Project Documents. Lawful late charges, returned-payment fees, collection expenses, court costs, and attorney fees apply only when stated in an accepted Project Document or authorized by law.
The customer agrees to raise a billing concern promptly and work in good faith to resolve it before initiating a payment dispute or chargeback. Nothing in this provision eliminates a lawful right to dispute an unauthorized or incorrect charge.
The Company reserves all payment, lien, bond, and collection rights provided by applicable law. Required notices and lien waivers will be handled as required by law and the Project Documents.
14. Cancellations and Rescheduling
Cancellation and rescheduling terms, including any fee or treatment of deposits, will be stated in the applicable Project Documents. Unless otherwise stated, the customer should provide at least twenty-four (24) hours’ notice to cancel or reschedule an inspection or non-project appointment.
For contracted work, the customer remains responsible for properly performed work, authorized costs, nonreturnable or custom materials, permit or supplier charges, and other amounts lawfully earned or incurred before cancellation, subject to any nonwaivable cancellation right.
Certain transactions made at a customer’s home or away from the Company’s permanent place of business may carry a statutory right to cancel. When applicable, the customer will receive the legally required cancellation notice, and the statutory notice controls over inconsistent language in these Terms. Nothing in these Terms limits a cancellation right provided by federal, state, or local law.
15. Inspection, Completion, and Punch-List Items
The customer should inspect the work when requested and identify specific concerns promptly. Minor correction or punch-list items that do not materially prevent ordinary use do not constitute failure to substantially complete the project.
Use or occupancy of the completed work does not waive a valid latent-defect claim or any right that cannot legally be waived. The Company must receive a reasonable opportunity to inspect and correct a covered workmanship issue before another party alters the work, except in an emergency or where applicable law provides otherwise.
16. Warranties
Any workmanship warranty applies only if expressly stated in a signed Project Document. The written warranty, including its duration, covered work, exclusions, notice procedure, and remedy, controls. Manufacturer warranties, if any, are provided by the manufacturer and remain subject to the manufacturer’s requirements and exclusions.
Unless expressly covered in writing, warranties do not cover:
- Normal wear, fading, weathering, checking, cracking, shrinking, swelling, warping, movement, or natural wood variation;
- Moisture intrusion, standing water, drainage defects, roof runoff, sprinklers, vegetation contact, soil contact, snow, ice, salt, extreme weather, or environmental exposure;
- Pre-existing damage, hidden defects, structural movement, code defects, rot, insects, mold, or substrate failure;
- Failure of an underlying or previously applied coating;
- Damage or failure caused by abuse, neglect, pets, excessive traffic, impact, chemicals, pressure washing by others, improper cleaning, failure to maintain, or work performed or altered by others;
- Color or appearance variation described in Section 8;
- Customer-supplied or customer-selected products used contrary to Company recommendations; or
- Conditions outside the scope of the Company’s work.
No oral statement creates or modifies a warranty. To the fullest extent permitted by law, remedies for a covered workmanship claim are limited to reasonable inspection and repair, re-performance, or another remedy expressly stated in the written warranty. Nothing excludes warranties or remedies that cannot lawfully be excluded.
17. Website Acceptable Use
You may use the Website only for lawful purposes. You may not:
- Submit false, deceptive, defamatory, infringing, unlawful, or malicious information;
- Attempt to gain unauthorized access to the Website, accounts, servers, forms, or related systems;
- Introduce malware, automated abuse, excessive requests, scraping, or interference that may damage or impair the Website;
- Copy, republish, sell, exploit, or misrepresent Website content except as permitted by law; or
- Use the Website to violate the rights of the Company, customers, or third parties.
We may restrict or terminate access when reasonably necessary to protect the Website, users, the Company, or third parties.
18. Intellectual Property
The Website and its original text, photographs, videos, graphics, layout, service descriptions, branding, trade names, and other content are owned by or licensed to the Company and are protected by applicable intellectual-property laws. Except for personal, noncommercial viewing or as otherwise permitted by law, no content may be copied, reproduced, modified, distributed, displayed, or commercially used without prior written permission.
Third-party names, marks, products, and content remain the property of their respective owners. Reference to a third party does not imply sponsorship or endorsement.
19. Communications and Electronic Transactions
You consent to receive transactional communications relating to inquiries, estimates, appointments, contracts, projects, payments, warranties, and customer service through the contact information you provide. Electronic signatures, click-to-accept approvals, email approvals, text-message approvals, and electronic records may be used and may have the same effect as paper records and handwritten signatures to the extent permitted by law.
Marketing email and text-message consent is governed by the applicable disclosure and our Privacy Policy. Consent to marketing text messages is not a condition of purchase. Message frequency varies; message and data rates may apply. Reply STOP to opt out of text messages and HELP for assistance.
20. Privacy
Our collection and use of personal information is governed by our Privacy Policy, available at:
21. Third-Party Services and Links
The Website may contain links or integrations for maps, reviews, financing, scheduling, payments, social media, manufacturers, or other third-party services. We do not control and are not responsible for third-party content, availability, terms, security, or privacy practices. Use of a third-party service is subject to that provider’s terms.
22. Website Disclaimers
To the fullest extent permitted by law, the Website and general Website content are provided “as is” and “as available.” We do not warrant that the Website will be uninterrupted, error-free, secure, or suitable for a particular purpose. General educational content is not engineering, legal, tax, insurance, code, or other professional advice.
These Website disclaimers do not replace or reduce obligations expressly accepted in a signed Project Document and do not exclude consumer protections that cannot lawfully be excluded.
23. Limitation of Liability
To the fullest extent permitted by law, the Company will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from Website use, including loss of data, profits, opportunities, or business interruption.
Liability relating to physical services is governed by the Project Documents and applicable law. Nothing in these Terms excludes or limits liability for gross negligence, willful misconduct, fraud, personal injury, property damage, statutory consumer rights, or any liability that cannot lawfully be limited.
24. Events Beyond Reasonable Control
The Company is not responsible for delay or failure caused by events beyond its reasonable control, including severe weather, natural disaster, fire, flood, utility interruption, government action, civil emergency, labor disruption, transportation interruption, supplier failure, material shortage, epidemic, illness, or similar event. Time for performance will be reasonably extended, and the parties will address material cost or scope effects through the Project Documents and applicable law.
25. Governing Law and Disputes
Website-use disputes are governed by Illinois law, without regard to conflict-of-law principles, except where another jurisdiction’s mandatory law applies.
Project disputes are governed by the law designated in the signed Project Documents. If no law is designated, the law of the state where the project property is located applies. Unless the parties agree otherwise or applicable law requires a different venue, legal proceedings concerning a project should be brought in a court with jurisdiction in the county where the project property is located.
Before filing a non-emergency claim, the parties are encouraged to provide written notice describing the dispute and make a good-faith effort to resolve it. This informal-resolution provision does not shorten a legal deadline, prevent emergency relief, restrict lien rights, or require a party to waive a nonwaivable right.
26. Illinois Home-Repair Notice
For Illinois home repair or remodeling work, the Company and customer will follow applicable requirements of the Illinois Home Repair and Remodeling Act and other governing law. When required, the customer will receive a written contract or work order and the Illinois consumer-rights pamphlet before contract execution. Any legally required cancellation form, insurance disclosure, lien notice, contract language, or other disclosure is incorporated into the applicable Project Documents and controls over inconsistent language in these Terms.
27. General Provisions
Entire Agreement
These Terms, the Privacy Policy, and the applicable Project Documents constitute the agreement concerning their respective subject matter. A signed Project Document may supplement or modify these Terms.
Severability
If any provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent, and the remaining provisions will remain effective.
No Waiver
Failure to enforce a provision on one occasion does not waive the right to enforce it later.
Assignment
The customer may not assign a project agreement without the Company’s written consent, except where prohibited by law. The Company may assign rights or obligations in connection with a business reorganization, financing, sale, or use of qualified subcontractors, subject to the Project Documents and applicable law.
Headings
Headings are for convenience and do not alter the meaning of these Terms.
Changes
We may update the Website portions of these Terms by posting a revised version with a new “Last Updated” date. Changes do not retroactively alter an accepted Project Document unless the parties agree in writing or the change is required by law.
28. Contact Information
Questions about these Terms may be directed to:
Deck and Fence Restoration, Inc.
Doing business as Deck & Fence Restoration
Website: https://deckandfencerestoration.com
Email: info@deckandfencerestoration.com
Mailing address: [Aurora, IL]
Questions About These Terms?
If you have questions about these Terms & Conditions or a project-specific agreement, we’re here to help.
