Terms of Service
Effective Date: {{DATE OF PUBLICATION}} · Last Updated: {{DATE OF PUBLICATION}}
⚠ Not Legal Advice. This draft was adapted from a standard small-business terms-of-service template and is not a substitute for review by a licensed attorney. Before publishing, have a Washington State business attorney review and customize for Tennyson Homes' specific services, liability exposure, insurance coverage, and risk tolerance. Items in {{double curly braces}} are placeholders to confirm before publishing.
These Terms of Service ("Terms") govern your use of tennysonhomes.com (the "Site") and any services provided by Tennyson Homes{{, LLC — confirm entity designation}} ("Tennyson Homes," "we," "us," or "our"). By using the Site or engaging Tennyson Homes for services, you agree to these Terms. If you do not agree, do not use the Site or our services.
Section 1
Services
Tennyson Homes provides custom home design, construction, remodeling, and related services to homeowners and property owners primarily in the greater Puget Sound region. Specific services for any project are defined in a separately executed proposal, pre-construction agreement, construction contract, or change order ("Project Agreement").
These Terms apply to general use of the Site (browsing, viewing project galleries, contact-form submissions), initial inquiries and pre-engagement communications, and newsletter and marketing engagement if applicable.
Active project engagements — design, pre-construction, construction, remodeling, additions, and change orders — are governed by their respective Project Agreements. To the extent any Project Agreement conflicts with these Terms, the Project Agreement controls.
Section 2
Payment Terms
2.1 Pre-Construction Services
The pre-construction agreement is a defined-scope service with a fixed fee disclosed in advance. Payment is typically due upon agreement execution and may be invoiced through our payment processor.
2.2 Construction Projects
Construction and remodeling project payments are governed by the executed Project Agreement (typically a cost-plus or fixed-price contract). Payment schedules, draw timing, holdback amounts, and final payment terms are specified in the Project Agreement.
2.3 Late Payment
Invoices unpaid past due may result in work suspension. Tennyson Homes reserves the right to charge interest on overdue balances at the lower of {{1.5% per month — confirm with counsel}} or the maximum rate permitted by Washington law. Late payment may also result in mechanics' lien filings as permitted under Washington RCW Chapter 60.04.
2.4 Refunds
Pre-construction fees: Refund eligibility is governed by the pre-construction agreement. Once Tennyson Homes has commenced scoped work, fees are generally non-refundable.
Construction project deposits and draws: Refund eligibility is governed by the executed Project Agreement.
Section 3
Cancellation
3.1 Site Use
You may stop using the Site at any time.
3.2 Active Engagements
Cancellation terms for active engagements are specified in the applicable Project Agreement. Cancellation of an in-progress construction project may result in obligations for work-in-place, materials ordered, and demobilization costs as detailed in the Project Agreement.
Section 4
Intellectual Property
4.1 Tennyson Homes-Owned IP
The Site, including all text, design, graphics, logos, photography, and code, is the property of Tennyson Homes and protected by U.S. copyright and trademark law. The "Tennyson Homes" name and logo are trademarks of Tennyson Homes. Pre-existing project methodologies, construction procedures, template documents, and proprietary processes remain Tennyson Homes' property.
4.2 Client-Owned IP
Content you provide to Tennyson Homes — including architectural drawings, design preferences, photographs of your property, and prior plans — remains your property or the property of its original author. You represent that you have the right to share any materials you provide.
4.3 Project Deliverables and Photography
Completed project work performed on your property is your property upon full payment. Tennyson Homes retains the right to photograph completed work and use those photographs for marketing, portfolio, and case-study purposes. Where reasonably possible, Tennyson Homes will not identify a client by name in marketing materials without prior consent. Architectural and engineering drawings authored by third-party professionals remain subject to those professionals' separate licenses and copyrights.
Section 5
Confidentiality
Both parties agree to maintain reasonable confidentiality of non-public business and personal information shared during an engagement. Specific confidentiality terms are detailed in the Project Agreement. Submitting general inquiries through the Site does not, by itself, establish a confidential relationship.
Section 6
Acceptable Use of the Site
You agree not to use the Site for unlawful purposes; attempt to access non-public areas of the Site, our servers, or our service providers; reverse engineer, copy, or replicate the Site's design, code, or content for commercial use; interfere with the Site's operation; or submit false or misleading information through forms. Tennyson Homes reserves the right to block or terminate Site access for violations.
Section 7
Third-Party Services and Project Partners
Tennyson Homes coordinates with third-party professionals and platforms to deliver projects, including architects, designers, subcontractors, suppliers, inspectors, lenders, permitting authorities, and software platforms (GoHighLevel, Stripe, Google Workspace, and others).
Tennyson Homes is not responsible for acts or omissions of independent third-party professionals operating under their own contracts and licenses; outages, errors, or limitations of third-party software platforms; pricing changes by suppliers or subcontractors; or delays caused by permitting authorities, inspectors, lenders, or other third parties.
Section 8
Warranties and Disclaimers
8.1 Construction Warranty
Construction and remodeling work is warranted as specified in the Project Agreement and in accordance with applicable Washington State law, including the implied warranty of habitability where applicable to new residential construction.
8.2 Site Disclaimer
The Site itself, including project galleries and informational content, is provided "as-is" without warranties of any kind, express or implied. Project photography and descriptions are representative; actual project outcomes depend on site conditions, scope, design choices, and other project-specific factors.
8.3 No Guarantee of Outcomes
Estimated timelines, budgets, and project outcomes communicated during pre-engagement are good-faith estimates based on available information. Final commitments are made only in executed Project Agreements.
Section 9
Limitation of Liability
To the maximum extent permitted by law, Tennyson Homes' total cumulative liability arising out of or related to these Terms or general Site use shall not exceed the greater of (a) the amount paid by you to Tennyson Homes outside of an active Project Agreement, or (b) $1,500. Tennyson Homes shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.
Project-specific liability is governed by the Limitation of Liability provisions in the applicable Project Agreement, which take precedence over this section for matters arising from project performance. Some jurisdictions do not allow these limitations; in those jurisdictions, liability is limited to the greatest extent permitted.
Section 10
Indemnification
You agree to indemnify and hold harmless Tennyson Homes, its officers, employees, and independent contractors from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms; your violation of any law or third-party right; content or materials you provide to Tennyson Homes that infringe a third party's rights; or your misuse of the Site.
Section 11
Governing Law and Disputes
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles. Any dispute arising out of or related to these Terms or general Site use shall be resolved as follows:
- Good-faith negotiation — The parties will attempt to resolve disputes through good-faith discussion for at least 30 days before escalation.
- Mediation — Unresolved disputes shall be submitted to non-binding mediation in {{King County — confirm venue with counsel}}, Washington.
- Litigation — If mediation fails, disputes shall be resolved exclusively in the state or federal courts located in {{King County — confirm venue with counsel}}, Washington. Both parties consent to the jurisdiction of those courts.
Project Agreement disputes are governed by the dispute-resolution provisions in the applicable Project Agreement.
Section 12
Changes to These Terms
We may update these Terms from time to time. Material changes will be announced via a prominent notice on the Site, email notification to active clients, and an updated "Last Updated" date at the top of these Terms. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, discontinue use.
Section 13
Miscellaneous
Entire agreement. These Terms, together with any Project Agreement, the Privacy Policy, and any specific terms accepted at the time of engagement, constitute the entire agreement between you and Tennyson Homes concerning the subject matter.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.
No waiver. Tennyson Homes' failure to enforce any provision does not waive its right to do so later.
Assignment. You may not assign these Terms without Tennyson Homes' written consent. Tennyson Homes may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, government action, third-party platform outages, supply-chain disruptions, and labor disruptions.
Section 14
Contact
Questions about these Terms:
Tennyson Homes
PO Box 3106, Kirkland, WA 98083
Email: info@tennysonhomes.com
Phone: (206) 429-7188
These Terms of Service are provided in good faith and are not a substitute for advice from a licensed attorney. Active project engagements are governed by separately executed Project Agreements that take precedence where applicable.
