Terms of Use

Fresh-Layer is excited you’re here using our site. We certainly hope that you find the site and our services useful. If you have any questions, feel free to give us a call.

If you do not agree to be bound by the terms and conditions of this Agreement, we understand, but unfortunately, you cannot use our site or services.

These Terms of Use, together with our Privacy Policy and any Privacy Notices or click-through agreements, contain the entire understanding and agreement between you (“user”) and Fresh-Layer with respect to this site, social media outlet, or online services and it supersedes all previous communications, negotiations, and agreements, whether oral, written, or electronic, related to any understanding or agreement related to the use of this site, social media outlet, or online services.

Parties

Throughout this agreement “we”, “us”, “our” and “ourselves” along with “Fresh-Layer” refers to Fresh-Layer and its subsidiaries, owners, shareholders, directors, officers, partners, employees, agents, vendors, heirs, and any other affiliated party – unless otherwise noted. “You”, “your”, “yourself”, and “user” refer to anyone accessing the site, social media outlet, or online services and include the company, entity, or agency that the user represents.

Payment Terms

1. Payment Obligations

By using our services, you agree to pay for all services rendered as per the agreed-upon pricing. Payment is due upon completion of the service unless otherwise specified in writing.

2. Invoice Details

Upon completion of services, you will receive an invoice that includes:

  • Invoice date

  • Payment due date

  • Total amount due

  • Any applicable discounts

3. Accepted Payment Methods

We accept the following payment methods:

  • Credit/Debit Cards

  • PayPal/Zelle/Venmo

  • Bank Transfers

  • Cash

4. Late Payment Penalties

Payments not received by the due date may incur a late fee of [insert percentage]% per month on the outstanding balance, or the maximum rate permitted by law, whichever is lower.

5. Dispute Resolution Process

If you have any disputes regarding charges or services rendered, you must notify us in writing within [insert number] days of receiving your invoice. We will work with you to resolve any issues in a timely manner.

6. Collection Costs

In the event of non-payment, you agree to be responsible for any costs incurred in collecting overdue amounts, including but not limited to legal fees and collection agency costs.

7. Early Payment Discounts

We may offer discounts for early payment. Details of any such discounts will be specified on your invoice.

8. Prepayment or Deposit Requirements

For certain services, we may require a prepayment or deposit before work commences. This requirement will be communicated prior to service initiation.

9. Termination of Services

We reserve the right to suspend or terminate services if payment is not received within [insert number] days of the due date.

10. Modification of Terms

We reserve the right to modify these payment terms at any time with prior notice to you. Continued use of our services after such modifications constitutes acceptance of the new terms.

11. Acknowledgment

By using our site and services, you acknowledge that you have read, understood, and agree to these payment terms.

Conditions of Use

Every time you use our site or services you agree to all the conditions contained in this Agreement. You also agree not to use our material for any purpose not intended by us.

All the material on this site is copyright and/or trademark-protected. We worked hard to develop the material, content, and brand that you see on our site and in our communications. None of it can be used for any purpose without our prior written consent.

We do grant limited permission to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, and noncommercial use only, provided that you do not modify the content, you retain any and all copyright and other proprietary notices, and you do not copy or post the content on any network computer or broadcast the content in any media.

You also agree that you are at least 18 years of age and will not make any false affirmations about your identity or property. We work hard to be truthful in all our dealings, we hope you will do the same.

The scope of the information and services provided by us are limited. We make no other promises outside of those explicitly stated here or within the website.

This site, social media outlet, or online services may provide links to other websites operated by third parties. We have no control over third-party websites and so cannot be responsible, directly or indirectly, for the content or availability of those websites. We also do not endorse any content, advertising, services, or products on or available from such websites. Once you leave our site, social media outlet feed, or online service, you are subject to that location's agreement(s).

Indemnification

You agree to indemnify, defend, and hold harmless Fresh-Layer, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

  1. Your use of our services

  2. Your violation of these Terms of Use

  3. Your violation of any third-party rights

  4. Any claim that your use of our services has caused damage to a third party

Termination Rights

Fresh-Layer reserves the right to terminate or suspend your access to our services, without prior notice or liability, for any reason, including but not limited to:

  1. Violation of these Terms

  2. Non-payment for services

  3. Fraudulent or illegal activities

  4. Upon request by law enforcement or government agencies

Dispute Resolution

In the event of any dispute arising from these Terms or our services:

  1. Parties agree to first attempt to resolve the dispute informally by contacting each other.

  2. If informal resolution is unsuccessful, parties agree to participate in mediation before pursuing litigation.

  3. Any litigation shall be filed exclusively in the courts of California, as per our jurisdiction clause.

Force Majeure

Fresh-Layer shall not be liable for any failure to perform its obligations where such failure is a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.

User Conduct

Users agree not to engage in any of the following prohibited activities:

  1. Violating any applicable laws or regulations

  2. Infringing on the intellectual property rights of others

  3. Transmitting any material that is defamatory, offensive, or otherwise objectionable

  4. Interfering with or disrupting our services or servers

  5. Impersonating any person or entity

  6. Collecting user information without their consent

Violation of these prohibitions may result in termination of your access to our services.

Feedback and Submissions

Any feedback, comments, ideas, improvements, or suggestions provided by you to Fresh-Layer shall remain the sole and exclusive property of Fresh-Layer. Fresh-Layer shall be free to use, copy, modify, publish, or redistribute the feedback for any purpose and in any way without any credit or compensation to you.

Time Limit for Customer Complaints and Service Redo Requests

  1. Inspection Period: Customers are required to inspect the completed service immediately upon completion and notify Fresh-Layer of any issues or dissatisfaction within 24 hours of service completion.

  2. Complaint Filing: Any complaints or requests for service correction must be submitted in writing to Fresh-Layer within 1 business days of service completion.

  3. Service Redo Requests: Requests for service redo or touch-ups must be made within 2 business days of service completion and are subject to evaluation by Fresh-Layer.

  4. Exceptions: Claims related to issues not reasonably discoverable within the above timeframes must be reported within 14 days of service completion.

  5. Resolution Process: Fresh-Layer will evaluate all timely complaints and redo requests and respond within 5 business days with a proposed resolution.

  6. Limitation: After the specified timeframes, Fresh-Layer reserves the right to deny any complaints or redo requests, except where prohibited by law.

By using our services, you acknowledge that you have read, understood, and agree to abide by these additional terms and conditions.

Privacy Policy

Your privacy is very important to us. Please review carefully our privacy policy regarding our user data collection in order to understand why and how we use the data we collect from the users of this site.

Communications

We would love to talk with you. By using our site you are opting in to receive communications from us. Of course, we offer the option for you to opt-out of sales or newsletter communications that you no longer want, simply click the “unsubscribe” handle at the bottom of the communications and we will remove you from our list. Please be patient, though, it may take up to 10 days to remove you from the list.

By using our site or online services you also agree that communications that are required or necessary notifications, invoices, collection efforts, disclosures, or agreements that are sent electronically meet any legal requirements for “written” communications or notifications.

Applicable Law

By using our site or online services you also agree that the laws of California will govern these Terms of Use or that any dispute or claims will be exclusively arbitrated or litigated in California and you consent to the exclusive jurisdiction and venue of the state and federal courts in California.

User Content

We love hearing about what we are doing right, as well as how we can be better. By communicating with us you grant permission and rights to any content received by you, subject to our Privacy Policy. This gives us the right to use, reproduce, publish, or modify the content in any market or location and by any means we deem appropriate.

You also agree that you will not use any copyrighted, patented, or trademarked material without prior written permission from the owner of the material. Also, we are a family organization, and as such we reserve the right, but we are not obligated, to filter, edit, or remove anything that Fresh-Layer perceives as offensive, obscene, illegal, defamatory, threatening, distasteful, or irrelevant.

All content provided by the user is the user’s own opinion and does not necessarily represent us or any other affiliated party.

If you are an owner of an account or responsible for the content contributed to the site, social media outlets, or online services you are solely responsible for the confidentiality and content of any content, or use of the content, under your control, whether or not that control is exclusive or not (including your username and password).

We reserve the right to remove access and/or content of any user at our sole discretion.

Disclaimers

Our site, social media outlet, online services, or any of the content do not create any representations, warranties, duties, or obligations. It is all provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim any representation or warranty (express or implied) of title, non-infringement, merchantability, fitness for a particular purpose, security, or accuracy of this site or social media or online services, that may arise by statute, custom, course of dealing, course of performance, or in any other way.

Limitation of Liability

In addition to the limitations stated earlier, Fresh-Layer shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our services or products, including but not limited to damages resulting from:

  • Loss of data

  • Loss of profits

  • Service interruptions

  • Errors or omissions in the content

Our total liability for any claim arising from our services shall not exceed the amount paid by the customer for the specific service in question.

To the fullest extent permitted by law, we disclaim any liability for any losses or expenses arising out of the use of this site, including, but not limited to punitive, incidental, consequential, direct, indirect, loss of use, loss of data, resulting from a virus, loss of income or profit, damages to property, third party claims including attorney’s fees, or of any other type, and based on any legal basis.

Severability

If a portion(s) or part(s) of the disclaimers contained herein is found to be invalid or unenforceable it shall not affect any other portion of the disclaimer and any the remaining aggregate liability shall not exceed ten dollars ($10.00 US).

If any other provision of these Terms of Use is held to be invalid or unenforceable, it shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

For Your Protection

This Site, social media outlet, or online service gives you specific legal rights, and you may have other rights which vary from location to location. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability and so some contained in this Agreement may not pertain to you. We reserve all available limitations and exclusions allowable under applicable law. Whatever statutory rights you may have as a consumer that conflict with the provisions above are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.