Terms of Service

Last Updated: January 2025

These Terms of Service ("Agreement") constitute a legally binding agreement between you ("Client," "you," or "your") and Deluxe Art Homes, a division of Deluxe Art Group ("Company," "we," "our," or "us"), governing the provision of construction, remodeling, and related services.

By engaging our services, you agree to be bound by these Terms. Please read them carefully.

1. Services Overview

1.1 Scope of Services

Deluxe Art Homes provides comprehensive home construction and remodeling services including, but not limited to:

New Home Construction:

Custom home building
Production home construction
Design-build services
Turnkey home development
Land development coordination

Complete Home Services:

Architectural planning and design coordination
Permitting and regulatory compliance
Site preparation and foundation work
Structural construction
Systems installation (electrical, plumbing, HVAC)
Finish carpentry and trim work
Landscaping coordination

Integration with Deluxe Art Group Ecosystem:

Stone fabrication and installation through Deluxe Art Stone
Remodeling services through Deluxe Art Home Improvement
Design consultation through Kitchen Bath Design

1.2 Service Locations

We primarily serve:

Myrtle Beach and Grand Strand area
Horry County, South Carolina
Georgetown County, South Carolina
Adjacent coastal regions (by agreement)

1.3 Customized Projects

Each project is unique. Specific services, timelines, and deliverables will be defined in:

Individual proposals and quotes
Signed construction contracts
Change orders and amendments
Written communications and agreements

2. Engagement Process

2.1 Initial Consultation

Our engagement process begins with:

Free Consultation: Initial meeting to discuss your vision and needs
Site Visit: Assessment of property and project feasibility
Preliminary Discussion: Review of budget, timeline, and expectations
Design Consultation: Coordination with architects/designers (if applicable)

2.2 Proposal and Quote

Following consultation, we provide:

Detailed Proposal: Scope of work, materials, and specifications
Itemized Quote: Breakdown of costs and payment terms
Timeline Estimate: Projected start date and duration
Terms and Conditions: Specific terms applicable to your project

2.3 Contract Execution

To proceed with your project:

Written Contract Required: All projects require a signed written contract
Deposit Payment: Initial deposit as specified in the contract
Permits and Documentation: Client cooperation for permit applications
Insurance Verification: Proof of homeowner's insurance (if applicable)

2.4 Project Planning

Before construction begins:

Final Design Approval: Client sign-off on all plans and specifications
Material Selection: Finalization of all materials and finishes
Schedule Coordination: Agreement on project timeline and milestones
Site Preparation: Ensuring property access and readiness

3. Payment Terms

3.1 Payment Structure

Our standard payment structure includes:

Initial Deposit:

10-30% of total project cost upon contract signing
Secures project scheduling and initial material orders
Non-refundable after permit applications are submitted

Progress Payments:

Milestone-based payments as outlined in the contract
Typical milestones: foundation, framing, rough-in, drywall, finish
Payment due upon completion and inspection of each milestone
Retention may be held until final completion

Final Payment:

Due upon project completion and final inspection
Includes any approved change orders
Required before occupancy or turnover

3.2 Payment Methods

We accept:

Check or bank transfer (preferred for large payments)
Credit/debit cards (may include processing fees)
Financing arrangements (subject to approval)
Construction loans (coordination required)

3.3 Late Payments

Invoices are due within [X] days of issuance
Late payments may incur a [X]% monthly service charge
Work may be suspended for payments more than [X] days overdue
We reserve the right to file a mechanic's lien for non-payment

3.4 Disputed Charges

If you dispute any charges:

Notify us in writing within 10 days
Pay undisputed amounts on time
We will review and respond within 15 business days
Disputes do not excuse payment of undisputed amounts

4. Project Timeline and Delays

4.1 Estimated Timelines

Timelines provided are good-faith estimates
Actual duration may vary due to unforeseen circumstances
We commit to transparent communication about any changes

4.2 Delays Beyond Our Control

We are not liable for delays caused by:

Weather conditions (hurricanes, flooding, extreme heat/cold)
Government actions (permit delays, regulation changes, inspections)
Material shortages or supplier delays
Labor strikes or workforce shortages
Client-requested changes or delayed decisions
Unforeseen site conditions (soil issues, utilities, contamination)
Acts of God, natural disasters, or pandemics
Third-party contractor delays (when outside our control)

4.3 Timeline Adjustments

Delays will be communicated promptly
Revised timeline will be provided in writing
Reasonable extensions will be granted
Timeline changes do not affect payment obligations

4.4 Client-Caused Delays

Delays caused by client actions may result in:

Extended project duration
Additional costs for remobilization or rescheduling
Potential termination if delays are excessive

5. Change Orders and Modifications

5.1 Scope Changes

Any changes to the original contract scope require:

Written Change Order: Detailed description of changes
Cost Adjustment: Additional costs or credits clearly stated
Timeline Impact: Revised completion date if applicable
Client Approval: Signature required before work proceeds

5.2 Change Order Pricing

Changes are priced based on actual costs plus overhead and profit
Emergency changes may be priced time-and-materials
We provide transparent pricing for all changes
Client may request itemized breakdowns

5.3 Client-Requested Changes

Design changes after construction begins may increase costs
Material upgrades or downgrades will adjust contract price
Significant changes may impact project timeline
We reserve the right to decline changes that compromise quality or safety

5.4 Unforeseen Conditions

If we discover unforeseen conditions:

We will notify you immediately
Provide options and cost estimates
Obtain approval before proceeding
Document conditions with photos/reports

Examples include:

Hidden structural damage
Hazardous materials (asbestos, lead, mold)
Inadequate foundations or framing
Utility conflicts or code violations

6. Materials and Workmanship

6.1 Material Quality

We use:

High-quality materials appropriate for coastal environments
Materials meeting or exceeding building codes
Brand-name products from reputable manufacturers
Materials as specified in the contract

6.2 Material Selection

Client selects finishes and materials within budget parameters
Selections must be made by deadlines specified in project schedule
Delayed selections may impact timeline
Substitutions require written approval

6.3 Material Availability

We source materials from reliable suppliers
If specified materials become unavailable, we will:
- Notify client immediately
- Propose equivalent or superior alternatives
- Obtain approval before substitution
- Adjust pricing if material cost changes significantly

6.4 Workmanship Standards

We commit to:

Professional craftsmanship meeting industry standards
Work performed by licensed, insured contractors
Compliance with applicable building codes
Quality control inspections throughout construction
Clean and safe work environment

6.5 Client-Supplied Materials

If you provide materials:

We are not responsible for quality, compatibility, or warranty
Installation may void manufacturer warranties
We reserve the right to decline installation if materials are unsuitable
You assume risk for defects or inadequacies

7. Permits, Inspections, and Compliance

7.1 Permit Responsibility

We typically obtain necessary building permits
Costs are included in contract or billed separately (as specified)
Client provides required documentation and signatures
Client responsible for HOA approvals (where applicable)

7.2 Code Compliance

All work will:

Meet applicable building codes and regulations
Pass required inspections
Comply with zoning requirements
Meet accessibility standards (where required)

7.3 HOA and Community Regulations

If property is subject to HOA or community rules:

Client responsible for obtaining HOA approval
Client provides all HOA rules and architectural guidelines
We will work within approved parameters
HOA-required changes are client responsibility

7.4 Inspection Access

Client grants access for building inspector visits
Failed inspections will be corrected at our expense (if our fault)
Client-caused failures may incur additional costs
Final occupancy permit is project completion milestone

8. Site Access and Conditions

8.1 Access Requirements

Client agrees to provide:

Unrestricted access to work areas during business hours
Safe access for workers, equipment, and materials
Secure location for material storage and equipment
Adequate utilities (water, electricity) for construction use
Parking for crew vehicles and delivery trucks

8.2 Site Safety

Work areas are active construction zones
Client and occupants must observe safety precautions
Children and pets must be kept away from work areas
We are not responsible for injuries to unauthorized persons in work zones

8.3 Occupied Properties

If property remains occupied during construction:

We will minimize disruption to daily routines
Certain areas may be inaccessible during work
Utilities may be temporarily interrupted
Dust, noise, and inconvenience are unavoidable
Client responsible for protecting personal property

8.4 Utilities and Services

Temporary utility interruptions may be necessary
We will provide advance notice when possible
Client responsible for maintaining service accounts
Damages from utility issues beyond our control are client responsibility

9. Warranties and Guarantees

9.1 Our Workmanship Warranty

We warrant that:

All work will be performed in a professional, workmanlike manner
Work will meet applicable building codes and industry standards
Defects in our workmanship will be corrected at no charge

Workmanship Warranty Period: [1-2 years] from project completion

9.2 Manufacturer Warranties

Materials and equipment come with manufacturer warranties
We will provide warranty documentation
Warranty claims are processed through manufacturers
We may assist with warranty claims as a courtesy

9.3 Structural Warranty

For new home construction:

Structural defects: [5-10 years] warranty
Major systems: [2-5 years] warranty
Finishes and cosmetics: [1 year] warranty

Specific terms defined in construction contract.

9.4 Warranty Exclusions

Warranties do not cover:

Normal wear and tear
Damage from improper use or maintenance
Acts of God, natural disasters, or severe weather
Modifications or repairs by others
Failure to maintain proper drainage or moisture control
Damage from lack of reasonable maintenance
Issues caused by client-supplied materials

9.5 Warranty Claims

To make a warranty claim:

Notify us in writing within warranty period
Describe the issue with photos if possible
Allow us reasonable access to inspect and repair
We will respond within [10] business days

9.6 Exclusive Remedy

Warranty repair or replacement is your exclusive remedy. We are not liable for consequential damages, relocation costs, or property damage beyond repair scope.

10. Insurance and Liability

10.1 Our Insurance Coverage

We maintain:

General liability insurance
Workers' compensation insurance
Builder's risk insurance (project-specific)
Automobile insurance for company vehicles

Certificates of insurance available upon request.

10.2 Client Insurance Obligations

You are responsible for:

Maintaining homeowner's insurance during construction
Notifying your insurer of construction activities
Maintaining adequate coverage for property value
Providing proof of insurance if requested

10.3 Liability Limitations

We are liable for:

Damage directly caused by our negligence
Losses covered by our insurance policies
Breach of contract damages as limited herein

We are NOT liable for:

Indirect, consequential, or punitive damages
Lost profits or business opportunities
Personal injury to unauthorized persons in work zones
Damage from events beyond our reasonable control
Pre-existing conditions or defects
Issues caused by client actions or third parties

10.4 Maximum Liability

Our total liability for any claim shall not exceed the total contract price or our insurance policy limits, whichever is less.

10.5 Property Damage

We will take reasonable precautions to protect existing property
Accidental damage will be repaired or compensated
Client should remove valuable or fragile items from work areas
We are not responsible for undisclosed or concealed conditions

11. Termination and Cancellation

11.1 Client Termination

You may terminate this Agreement:

For Convenience: With written notice
For Cause: If we materially breach the Agreement

11.2 Termination for Convenience

If you terminate without cause:

Pay for all work completed to date
Pay for materials ordered or delivered
Pay cancellation fees for non-returnable items
Pay [X]% of remaining contract as liquidated damages
Initial deposit is non-refundable

11.3 Termination for Cause

If we materially breach and fail to cure within [30] days:

You may terminate without penalty
Pay only for work satisfactorily completed
We will remove our materials and equipment
You may engage another contractor to complete work

11.4 Company Termination

We may terminate this Agreement if:

You fail to make payments when due
You interfere with work or create unsafe conditions
You breach material terms of the Agreement
Project becomes impractical or illegal
You fail to cooperate with reasonable requests

11.5 Effect of Termination

Upon termination:

Work stops immediately (unless otherwise agreed)
Final accounting and payment reconciliation
We remove equipment and unused materials
You gain ownership of completed work and installed materials
Warranties apply only to completed work

12. Dispute Resolution

12.1 Good Faith Negotiation

Before pursuing legal action, parties agree to:

Attempt resolution through direct communication
Meet in person or virtually to discuss disputes
Negotiate in good faith for [30] days
Escalate to senior management if needed

12.2 Mediation

If negotiation fails:

Disputes will be submitted to mediation
Mediator selected by mutual agreement
Mediation costs shared equally
Mediation conducted in Myrtle Beach, SC

12.3 Arbitration or Litigation

If mediation fails, disputes may be resolved through:

Option A - Arbitration:

Binding arbitration under [AAA Construction Rules]
Single arbitrator by mutual agreement
Conducted in Myrtle Beach, SC
Costs allocated by arbitrator

Option B - Litigation:

Exclusive jurisdiction in Horry County, SC courts
South Carolina law applies
Prevailing party may recover attorney's fees

(Specific method will be designated in individual contracts)

12.4 Exceptions

Parties may seek immediate relief for:

Injunctive relief to prevent irreparable harm
Mechanic's lien enforcement
Collection of undisputed amounts
Emergency safety issues

12.5 Limitation Period

Claims must be brought within [2] years of completion or discovery of the issue, whichever is later.

13. Intellectual Property

13.1 Design Documents

Architectural plans and drawings remain property of their creators
We have license to use plans for your project
You may not use plans for other projects without permission
Plans may not be modified without designer approval

13.2 Project Photos

We may photograph projects for marketing purposes
Photos of completed work become our property
We will obtain your consent before using exterior photos showing your property
You grant us permission to use project photos in our portfolio

13.3 Trademarks

"Deluxe Art Homes," "Deluxe Art Group," and related marks are our trademarks. You may not use them without written permission.

14. Confidentiality and Privacy

14.1 Confidential Information

We will maintain confidentiality of:

Financial information
Personal information
Security system details
Proprietary designs or features

14.2 Privacy

Your personal information is handled according to our Privacy Policy. We do not sell or share your information except as necessary for project completion.

14.3 Marketing Use

With your permission, we may use:

Project photos in marketing materials
Testimonials and reviews
Before/after transformations
Case studies and portfolio pieces

You may withdraw consent at any time for future uses.

15. Subcontractors and Third Parties

15.1 Use of Subcontractors

We may engage qualified subcontractors for:

Specialized trades (electrical, plumbing, HVAC)
Foundation and concrete work
Roofing and exterior systems
Specialized finishes

15.2 Subcontractor Management

We select and supervise all subcontractors
Subcontractors are licensed and insured
We are responsible for subcontractor work quality
You have no direct contractual relationship with subcontractors

15.3 Material Suppliers

We coordinate with suppliers including:

Lumber and building materials vendors
Deluxe Art Stone for stone products
Cabinet and fixture suppliers
Specialty material providers

15.4 Third-Party Coordination

We will coordinate with:

Utility companies for service connections
Building inspectors and officials
HOA representatives (as applicable)
Your architect, designer, or engineer

16. Environmental and Safety Compliance

16.1 Environmental Regulations

We comply with:

EPA regulations
State environmental laws
Local environmental ordinances
Hazardous material handling requirements

16.2 Hazardous Materials

If we discover hazardous materials:

Work stops in affected areas
You are notified immediately
Licensed abatement contractors are engaged
Costs for remediation are additional (unless contract specifies otherwise)

16.3 Workplace Safety

We maintain:

OSHA-compliant safety practices
Safe work environment for our team
Proper use of safety equipment
Regular safety training for workers

16.4 COVID-19 and Health Protocols

We follow current health guidelines:

Sick workers stay home
Sanitation practices on job sites
Social distancing when practical
Compliance with government orders

17. Special Provisions for Coastal Construction

17.1 Hurricane and Storm Preparedness

We follow wind-resistant construction standards
Storm shutters or impact windows as specified
Elevated construction where required
Drainage systems designed for heavy rainfall

17.2 Flood Zones

For properties in flood zones:

Construction meets FEMA elevation requirements
Flood-resistant materials in appropriate areas
Proper insurance documentation required
Breakaway walls or open foundations as required

17.3 Coastal Building Codes

Enhanced wind load requirements
Corrosion-resistant materials and fasteners
Special foundation requirements
Moisture management systems

17.4 Hurricane Season Considerations

Construction may be suspended during hurricane threats
Site will be secured to minimize storm damage
Timeline may be adjusted for weather events
No liability for storm-related delays

18. Communication and Project Management

18.1 Primary Contacts

Each project has designated contacts:

Project Manager: Daily point of contact
Company Representative: For contract and billing issues
Client Representative: Decision-maker on client side

18.2 Communication Methods

Regular progress updates via phone, email, or text
Weekly project meetings (for larger projects)
Project monitoring cameras (optional, with consent)
Online project portal access (if applicable)

18.3 Decision-Making

Timely decisions required to maintain schedule
Delayed decisions may impact timeline and cost
Major decisions require written authorization
Emergency decisions will be communicated ASAP

18.4 Documentation

We maintain records of:

All contracts and change orders
Payment history
Inspection reports and permits
Material invoices and warranties
Project photos and progress reports

19. Final Completion and Acceptance

19.1 Substantial Completion

Project reaches substantial completion when:

All major work is complete
Property is suitable for intended use
Only minor punch-list items remain
Final inspection is passed

19.2 Punch List

Walk-through to identify minor incomplete or defective items
Punch list created and prioritized
Items completed within reasonable timeframe
Final payment due upon punch list completion

19.3 Final Acceptance

Final acceptance occurs when:

All work is complete per contract
Punch list items are finished
Final inspection passed
Certificate of Occupancy issued (if required)
All documentation delivered

19.4 Project Closeout

At closeout, we provide:

Final accounting and invoice
As-built drawings (if applicable)
Warranty documentation
Operation and maintenance manuals
Permit sign-offs and approvals

20. Miscellaneous Provisions

20.1 Entire Agreement

This Agreement, together with the signed contract and any amendments, constitutes the entire agreement between parties and supersedes all prior negotiations and agreements.

20.2 Amendments

Modifications must be:

In writing
Signed by both parties
Attached to or incorporated in the contract

20.3 Severability

If any provision is found invalid, the remainder of the Agreement remains in effect.

20.4 Waiver

Failure to enforce any provision does not waive our right to enforce it later.

20.5 Assignment

You may not assign this Agreement without our written consent. We may assign to affiliates or in connection with business sale.

20.6 Notices

All notices must be:

In writing
Delivered to addresses specified in the contract
Sent via certified mail, email, or hand delivery

20.7 Force Majeure

Neither party is liable for delays or failures caused by circumstances beyond reasonable control.

20.8 Governing Law

This Agreement is governed by South Carolina law, without regard to conflict of law principles.

20.9 Attorney's Fees

Prevailing party in any dispute may recover reasonable attorney's fees and costs.

20.10 Survival

Provisions that by their nature should survive (warranties, indemnification, liability limitations) remain in effect after completion or termination.

21. Fair Housing Compliance

Deluxe Art Homes is an equal opportunity service provider. We do not discriminate based on race, color, religion, sex, national origin, familial status, or disability. See our Fair Housing Statement for details.

22. Acknowledgment and Agreement

By signing a contract with Deluxe Art Homes, you acknowledge that:

You have read and understood these Terms of Service
You agree to be bound by these Terms
You have had opportunity to ask questions and seek legal counsel
The terms are fair and reasonable
You enter this Agreement voluntarily

23. Contact Information

For questions about these Terms of Service:

Deluxe Art Homes Part of the Deluxe Art Group

Address: 790 Commerce Place, Myrtle Beach, SC [ZIP Code]
Phone: [Company Phone Number]
Email: legal@deluxearthomes.com
Website: www.deluxearthomes.com

Project Inquiries:

Email: info@deluxearthomes.com
Phone: [Project Inquiry Number]
Showroom: Kitchen Bath Design, Coastal Grand Mall

These Terms of Service reflect our commitment to transparency, professionalism, and exceptional service. At Deluxe Art Homes, we don't just build houses—we create homes and lasting relationships built on trust and integrity.

We look forward to bringing your vision to life!