Terms of Use

1. Applicability

The above identified Customer, by electronically accepting one or more of the forgoing proposals from Dreamland Christmas Light Installation LLC ("DCLI"), agrees that the provision of Services, as defined herein and the Payment of the Contract Price shall be governed by these terms and conditions. The accepted Proposal and these terms and conditions are collectively referred to herein as the "Agreement."

2. Contract Price

Customer agrees to contract with DCLI for the services and repairs set forth in each accepted line item of the forgoing Proposal (the "Services"). The price for the Services shall be the combined Price identified in the accepted lines of the Proposal (the "Contract Price"), plus the price quoted for any requested Upgrades (as defined herein). The Contract Price shall be paid in two installments: First, a deposit, which is due as of the date of this Agreement in the amount set forth in the Proposal (the "Deposit"). Upon receipt of the Deposit, DCLI will schedule the Customer's installation. Upon completion of the install, the Customer shall pay the balance of the Contract Price.

3. Discounts and Promotions

All discounts and promotions are valid for the current season only and do not roll over to future seasons.

4. Design Choices

DCLI agrees to install materials of the style and color chosen by the Customer. The Customer agrees and acknowledges that DCLI does not represent or warranty that the materials installed pursuant to this Agreement are compliant with the Customer's Home Owner Association rules, regulations, bylaws, or covenants. Further, DCLI does not represent or warrant that such materials are in compliance with local ordinances or regulations, including those governing historical neighborhoods. The Customer represents to DCLI that all material choices made by Customer are in compliance with all rules, regulations, bylaws, covenants, laws, and regulations applicable to the Customer's home.

5. Change Orders

Any alterations or changes for the Services or Upgrades and involving extra cost will be executed only upon written orders from the Customer. Any extra expense, premiums, or cost associated with the Change Order shall be the responsibility of the Customer.

6. Liens

The Customer is hereby noticed that persons furnishing labor or materials for the improvement of the Property may be entitled to file liens against the Property for such labor, materials, or improvements provided to the Property.

7. Completion of Services and Access to Property

The Customer agrees to provide DCLI and its agents (including its agents' subcontractors) access to the property during normal business hours Monday through Friday 8am–7pm and on Saturday and Sunday from 9am–5pm. DCLI agrees to use reasonable commercial efforts to complete the Services and Upgrades, if any, in a timely matter, subject to DCLI's work schedule and delays caused by factors outside of DCLI's control including, but not limited to acts of God, labor strikes or shortages, inclement weather, material shortages, interruption in labor, accidents, acts of terrorism or war, or delays caused by Customer's or its Insurer. Upon completing the Services and/or Upgrades, DCLI will leave the work area on the Property in a clean condition according to standard industry practice.

8. Electrical Access

Customer must provide accessible, functional exterior outlets and keep them working through the season. DCLI does not perform electrical work.

9. Post-Season Removal

Removals begin the first week of January and are performed systematically along DCLI's geographic routes. No specific date is guaranteed.

10. Termination by Customer

The relationship between DCLI and Customer may not be terminated once DCLI has begun work on the Property or has delivered materials to the Property (collectively, the "Commencement Date"). In the event the Customer terminates this Agreement after the third business day following execution, but before the Commencement Date, the Customer agrees to pay DCLI, as liquidated damages, thirty percent (30%) of the Contract Price within fifteen (15) days of termination, which amount represents a reasonable estimate of the damages DCLI would sustain upon the Customer's termination of this Proposal, including but not limited to estimate fees, inspector fees, pre-purchased materials, and operational fees of DCLI.

11. Termination by DCLI

In the event DCLI determines that this Agreement cannot be performed as intended by the parties, including, but not limited, to unforeseen structural defects or pre-existing conditions to the Property or incorrect pricing, DCLI may, in its sole discretion, terminate this Agreement by notifying the Customer of such termination in writing and returning all monies paid by the Customer or Insurer, less the fair market value for the Services rendered by DCLI, if any. The return of said payments shall be Customer's sole remedy in such an event. The parties agree that a date certain for completion of the Services is not of the essence to this agreement.

Notwithstanding the foregoing, if the Services cannot be completed due to Customer's delay, and DCLI is able and ready to perform the Services, the parties agree that DCLI is entitled to payment for the full Contract Price so long as DCLI provides Customer a seven (7) day notice of intent to complete the Services, and the Customer prevented the completion of the Services.

12. Insurance

DCLI maintains adequate general liability insurance to complete the Services contemplated by this Agreement. Upon request by the Customer, DCLI shall provide the Customer with proof of insurance. Notwithstanding the foregoing, this representation is expressly limited to DCLI.

13. Warranty

DCLI shall complete the Services in a workman like manner according to industry-standard practices. The warranty period for DCLI's work is thirty days (30) from the date of completion of the work ("Contractor's Warranty").

Contractor's Warranty is conditioned upon timely payment for the Services (including Upgrades) and shall be void and unenforceable if payment in full for the Services (including Upgrades) was not timely made to DCLI. This Contractor's Warranty is non-transferable. All materials provided by DCLI are subject to manufacturer's warranty only. DCLI makes no warranties, expressed or implied, including merchantability or fitness for a particular purpose, as to any materials, and Customer agrees to look solely to the manufacturer of such materials in the event of any claim as to their deficiency. DCLI is not responsible for any damage to Property beyond the scope of work of the Services and/or Upgrades, including, but not limited to, damage caused by excessive wind, ice, dams, hail, pre-existing or future construction defects, storms, tire depressions in driveway caused by trailers or dumpsters, nail pops, loose drywall tape, mold, leaks caused by excessive winds of 60 mph or more, future construction defects, or lack of maintenance or alterations to the roof by Customer during the warranty period. Customer agrees DCLI is not responsible for any damage caused by Customer's own modifications or additions to the lights and/or decorations installed by DCLI including but not limited to excessive loads placed on the customer's electrical system. Customer agrees to keep people, pets, and any items of value (including, without limitation, vehicles) a safe distance away from the roof's perimeters while Services and/or Upgrades are being performed and agrees that DCLI will not be responsible for damage to people or property in connection with the Services and/or Upgrades.

14. Exclusions

DCLI is not responsible for damage or outages caused by tampering, pets, wildlife, storms, or the Property's electrical or structural issues.

15. Entire Agreement

This Agreement contains the entire agreement between the Customer and DCLI with respect to the Services contemplated herein and supersedes all other discussions or agreements between the parties, whether verbal or written, in connection with the Services.

16. Amendment

No amendment or modification of any provision herein shall be valid unless in writing and signed by both parties.

17. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected and shall remain enforceable and binding.

18. Late Fees; Attorneys' Fees

Should the customer fail to make payment when such payment becomes due, the outstanding balance shall accrue interest at 1.5% per month. Should DCLI be forced to retain an attorney to enforce its rights under this Agreement or institute any court action or other proceeding of any nature whatsoever to enforce its rights, then DCLI shall be entitled to recover from the Customer all cost and expense incurred in such enforcement, action, or proceeding, including but not limited to, reasonable attorneys' fees, paralegal fees, law clerk fees and other legal cost and expenses incurred by DCLI, whether incurred at or before the trial level or in any appellate, bankruptcy or other legal proceeding.

19. Governing Law

This Contract shall be construed in accordance with the laws of the State of Georgia.

20. Venue

The parties hereby expressly submit the jurisdiction of Gwinnett County. Any legal suit, action or proceeding arising out of or based upon this Agreement shall be litigated in the State Courts of Gwinnett County or the Federal District Court encompassing Gwinnett County, Georgia.

21. Waiver

The failure of DCLI to enforce any provision of this Agreement shall not be construed as a waiver or limitation of DCLI's right to subsequently enforce its rights and seek remedies under this Agreement and Georgia law.