TERMS OF SERVICE

These Terms of Service (“Terms”) govern access to and use of the XPW LLC (“XPW,” “Company,” “we,” “us,” or “our”) website, services, estimates, proposals, invoices, communications, and other business interactions.

By accessing or using the XPW website, requesting an estimate, accepting a proposal or invoice, scheduling services, purchasing services, or otherwise engaging with XPW, you acknowledge that you have read, understood, and agree to be bound by these Terms.

For purposes of these Terms, any individual or entity requesting or receiving services from XPW is referred to as the “Client” or “you.”

These Terms, together with any accepted estimate, proposal, invoice, written scope of work, or other applicable written agreement issued by XPW, constitute the terms governing the services provided by the Company.

XPW provides exterior cleaning and related property-maintenance services. Services may include, without limitation, pressure washing, soft washing, roof cleaning, window cleaning, deck cleaning, deck staining, gutter cleaning, concrete cleaning, exterior surface washing, and other services offered by XPW.

The specific services to be performed for a Client are determined by the accepted estimate, proposal, invoice, or written scope of work.

No service, material, repair, treatment, or additional work is included unless it is expressly identified in the applicable written scope of work.

XPW reserves the right to determine whether a requested service is appropriate or reasonably safe to perform based on the property's condition, accessibility, materials, environmental conditions, equipment requirements, and other relevant circumstances.

Estimates and proposals provided by XPW are based upon the information reasonably available to the Company at the time they are prepared.

The final scope of work is limited to the services expressly identified in the accepted estimate, proposal, or invoice.

Conditions that are not reasonably visible or identifiable at the time of estimating may require an adjustment to the scope of work or price. Additional services not included in the original scope may require separate approval and additional payment before such work is performed.

XPW is not obligated to perform work outside the agreed scope unless the additional work is authorized by the Client and accepted by XPW.

An estimate, proposal, or invoice may be accepted electronically, verbally, in writing, through an online system, by payment, or through other methods accepted by XPW.

Unless otherwise stated in writing, acceptance of an estimate, proposal, or invoice constitutes the Client's agreement to the applicable scope of work, pricing, and these Terms.

For services requiring a separate written agreement, the terms of that agreement will also apply.

The Client agrees to provide XPW with reasonable and unrestricted access to the property and areas necessary to perform the agreed services.

The Client is responsible for informing XPW of known property conditions, hazards, access restrictions, sensitive materials, sensitive landscaping, or other circumstances that could reasonably affect the performance or safety of the work.

The Client is also responsible for relocating or protecting vehicles, equipment, personal property, outdoor furniture, decorations, and other items that could interfere with the work or reasonably be affected by the cleaning process.

XPW may refuse, postpone, modify, or terminate services if property conditions are determined to be unsafe, inaccessible, unsuitable for the requested service, or likely to result in unreasonable risk of damage.

Where required for the services, the Client agrees to provide XPW with reasonable access to a functioning water source and electrical power.

The estimated cost of ordinary water and electrical usage, not to exceed twenty dollars ($20), is included in the service price unless otherwise stated in writing.

If the Client is unable or unwilling to provide an adequate water source or electrical access when required, XPW may assess an additional charge of up to seventy-five dollars ($75) to account for alternative equipment, transportation, or operational requirements.

XPW is not obligated to perform services requiring utilities when adequate utilities are unavailable.

Exterior cleaning may reveal conditions that were previously hidden by dirt, algae, mold, mildew, oxidation, surface buildup, weathering, or other substances.

XPW is not responsible for damage, failure, deterioration, or other conditions resulting from pre-existing conditions, structural defects, improper installation, normal wear and tear, latent defects, deterioration, or materials that are already damaged or weakened before service.

Potential pre-existing conditions may include, without limitation, brittle, cracked, loose, deteriorated, or aged roofing materials; cracked, warped, oxidized, loose, or water-damaged siding and exterior cladding; improperly installed or deteriorated gutters and downspouts; cracked, brittle, leaking, or deteriorated plumbing components; defective electrical outlets; cracked glass, failing window seals, broken frames, or deteriorated caulking; cracked, spalling, flaking, improperly cured, or otherwise deteriorated concrete or masonry; and stressed or weakened grass, plants, shrubs, turf, or other landscaping.

The Client acknowledges that cleaning processes may expose or reveal pre-existing defects that were not visible before service.

Roof cleaning and exterior surface cleaning involve materials that may vary substantially in age, condition, composition, installation quality, and durability.

XPW will use reasonable care and appropriate cleaning methods based on the observable condition of the surface. However, the Company does not guarantee that an existing defect, deterioration, weakness, oxidation, discoloration, or material failure will not become visible or worsen during or following service.

The Client is responsible for notifying XPW of known roofing, siding, window, gutter, or exterior-surface defects before work begins.

XPW may use professional cleaning solutions and chemical treatments designed to remove dirt, algae, mold, mildew, stains, organic growth, and other contaminants.

The Company may use reasonable precautions, including pre-rinsing surrounding vegetation, targeted chemical application, controlled application methods, and post-rinsing of affected areas.

Despite reasonable precautions, exposure to cleaning solutions, overspray, runoff, weather conditions, existing plant stress, or other environmental factors may result in discoloration, stress, or damage to vegetation.

XPW does not guarantee the health or condition of plants, grass, shrubs, landscaping, or other vegetation before, during, or after service.

The Client is responsible for identifying sensitive plants, landscaping, or other materials that require special consideration before service begins.

The Client agrees to pay the total amount stated on the applicable accepted estimate, proposal, invoice, or other written agreement.

Unless otherwise stated in writing, payment is due upon completion of services.

For residential projects exceeding three hundred dollars ($300), XPW may require a deposit of approximately ten percent (10%) to fifteen percent (15%) of the total project price before work begins.

For commercial projects exceeding one thousand dollars ($1,000), XPW may, at its discretion, offer Net-15 payment terms when agreed upon in writing.

XPW may offer a prompt-payment discount of up to three percent (3%) for qualifying commercial services when payment is made immediately upon completion, as specified by the Company.

Amounts not paid when due may be subject to reasonable late charges, collection costs, and other costs permitted by applicable law.

XPW reserves the right to suspend or refuse additional services for accounts with unpaid balances.

If a Client fails or refuses to make payment when due, XPW may pursue lawful collection remedies. To the extent permitted by applicable law, the Client may be responsible for reasonable collection expenses, court costs, administrative costs, and attorney fees incurred in collecting an unpaid balance.

Clients may cancel or request to reschedule scheduled services by providing at least twenty-four (24) hours' notice whenever reasonably possible.

Failure to provide adequate notice may result in a cancellation or rescheduling fee when permitted by applicable law and communicated to the Client.

XPW reserves the right to reschedule or postpone services due to weather, unsafe conditions, equipment failure, property conditions, scheduling circumstances, or other circumstances beyond the Company's reasonable control.

XPW reserves the right to refuse, suspend, modify, or terminate services when conditions make the requested work unsafe, impractical, inaccessible, unsuitable, or inconsistent with the Company's operating requirements.

XPW may also terminate an ongoing service arrangement if the property becomes unsuitable for service, unsafe conditions arise, the Client fails to comply with applicable payment obligations, or the Client otherwise materially violates these Terms or an applicable service agreement.

For recurring service contracts or other agreements with a specified term, early termination fees may apply if expressly stated in the applicable written agreement.

XPW may photograph or record exterior portions of a property before, during, and after services for purposes including documenting work performed, quality control, insurance documentation, training, marketing, advertising, social media, and maintaining a portfolio of completed work.

Unless otherwise agreed in writing, the Client grants XPW permission to use such photographs or recordings for legitimate business and promotional purposes without compensation.

Clients who do not wish for photographs of their property to be used for marketing or promotional purposes may submit a written request to XPW prior to service.

XPW maintains commercial general liability insurance applicable to its business operations, subject to the terms, conditions, exclusions, and limits of the applicable insurance policy.

Clients should promptly notify XPW of any alleged property damage or service-related issue. Claims concerning alleged property damage should be submitted to XPW in writing as soon as reasonably possible and, where practicable, within forty-eight (48) hours of service completion.

To the maximum extent permitted by applicable law, XPW's liability arising from a particular service shall not exceed the amount actually paid to XPW for the specific services giving rise to the claim.

Nothing in these Terms is intended to waive or limit liability that cannot legally be waived or limited under applicable law.

To the extent permitted by applicable law, the Client agrees to indemnify and hold harmless XPW, its owners, employees, and contractors from claims, losses, damages, liabilities, or expenses arising from unsafe property conditions, undisclosed hazards, third-party claims caused by the Client or persons under the Client's control, misuse of utilities, or other conditions that were the Client's responsibility to disclose or address.

This provision does not apply to the extent a claim is caused by XPW's own negligence or conduct for which XPW cannot legally be indemnified.

XPW may use third-party companies and service providers to facilitate payment processing, scheduling, communications, website functionality, accounting, customer management, and other business operations.

Transactions conducted through third-party payment providers may be subject to the terms, conditions, and privacy policies of those providers.

XPW is not responsible for the independent policies, security practices, outages, or failures of third-party services outside the Company's reasonable control.

Use of the XPW website and online services is subject to these Terms and the XPW Privacy Policy.

XPW may collect and use information through its Website, forms, analytics tools, cookies, communications systems, and other online technologies as described in its Privacy Policy.

The Website and its content are provided for general informational and business purposes. XPW makes reasonable efforts to maintain accurate information but does not guarantee that all Website content will always be complete, current, or error-free.

Unless otherwise stated, content appearing on the XPW Website and in Company materials, including logos, branding, photographs, graphics, text, designs, and other original content, is owned by or licensed to XPW and may not be reproduced, modified, distributed, or used commercially without prior written permission.

These Terms remain applicable while a Client uses XPW's Website, requests or receives services, or otherwise maintains an active business relationship with XPW.

For recurring service arrangements, the applicable estimate, proposal, invoice, or separate written agreement may establish a specific service term.

Where applicable, a recurring service agreement may remain in effect for up to five (5) years unless terminated earlier in accordance with its terms or applicable law.

If a Client terminates a recurring or fixed-term service agreement before the agreed expiration date, an early termination fee may apply only when such fee is expressly stated in the applicable written agreement and permitted by applicable law.

Any applicable early termination fee will be based upon the terms of the specific agreement rather than automatically applying to every XPW service.

These Terms and any dispute arising from services provided by XPW shall be governed by the laws of the State of Missouri, except to the extent applicable law requires otherwise.

Before initiating formal legal proceedings concerning a service or transaction, the parties should make a reasonable effort to communicate with one another and attempt to resolve the matter directly.

Nothing in this provision prevents either party from pursuing a legal remedy when necessary to protect its rights or when otherwise permitted by applicable law.

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be modified or limited to the minimum extent necessary to make it enforceable, if permitted by law.

The remaining provisions shall remain in full force and effect.

A failure by XPW to enforce any provision of these Terms shall not constitute a waiver of the Company's right to enforce that provision or any other provision in the future.

These Terms, together with the applicable estimate, proposal, invoice, written scope of work, service agreement, and any other written terms expressly incorporated into the transaction, constitute the agreement governing the applicable services.

If there is a conflict between these Terms and a separately signed written agreement, the terms of the separately signed agreement will control to the extent of the conflict.

Any modification to the agreed scope, pricing, or material terms should be documented in writing and accepted by the applicable parties.

XPW reserves the right to modify or update these Terms from time to time.

Changes to these Terms may be posted on the XPW Website or otherwise communicated to Clients. The updated version will include a revised “Last Updated” date.

Changes will apply prospectively to future use of the Website and future services unless otherwise required by applicable law or expressly agreed upon in writing.

Questions regarding these Terms, XPW services, or any transaction with the Company may be directed to: