Locally Owned and Operated
Agreement between User and Luke Skybuilder LLC
Welcome to www.LukeSkyBuilder.com. The www.LukeSkyBuilder.com website (the "Site") is comprised of various web pages operated by Luke Skybuilder LLC ("Luke Skybuilder"). www.LukeSkyBuilder.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.LukeSkyBuilder.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.LukeSkyBuilder.com is an E-Commerce Site offering services.
Luke Skybuilder offers a variety services including the contractor services Roofing, Impact Windows/Doors, Additions and General Contracting.
Visiting www.LukeSkyBuilder.com or sending emails to Luke SkyBuilder constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Luke SkyBuilder is not responsible for third party access to your account that results from theft or misappropriation of your account. Luke SkyBuilder and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Luke SkyBuilder does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.LukeSkyBuilder.com only with permission of a parent or guardian.
In the event this contract is canceled by Owner, prior to commencement of work, Owner shall pay Contractor a fee equal to fifteen percent (15%) of the contract price, less any deposits previously made, and funds cleared, as liquidated damages, plus all costs incurred by Contractor for materials and permits.
www.LukeSkybuilder.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Luke Skybuilder and Luke Skybuilder is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LukeSkybuilder is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Luke Skybuilder of the site or any association with its operators.
Certain services made available via www.LukeSkybuilder.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.LukeSkybuilder.com domain, you hereby acknowledge and consent that Luke Skybuilder may share such information and data with any third party with whom Luke Skybuilder has a contractual relationship to provide the requested product, service or functionality on behalf of www.LukeSkybuilder.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Luke Skybuilder or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Luke Skybuilder content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Luke Skybuilder and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Luke Skybuilder or our licensors except as expressly authorized by these Terms.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Luke Skybuilder has no obligation to monitor the Communication Services. However, Luke Skybuilder reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Luke Skybuilder reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Luke Skybuilder reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Luke Skybuilder's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Luke Skybuilder does not control or endorse the content, messages or information found in any Communication Service and, therefore, Luke Skybuilder specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Luke Skybuilder spokespersons, and their views do not necessarily reflect those of Luke Skybuilder.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Luke Skybuilder does not claim ownership of the materials you provide to www.LukeSkybuilder.com (including feedback and suggestions) or post, upload, input or submit to any Luke Skybuilder Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Luke Skybuilder, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Luke Skybuilder is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Luke Skybuilder's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Luke Skybuilder from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Luke Skybuilder Content accessed through www.LukeSkybuilder.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Luke Skybuilder, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Luke Skybuilder reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Luke Skybuilder in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Luke Skybuilder agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LUKE SKYBUILDER LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LUKE SKYBUILDER LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LUKE SKYBUILDER LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Luke Skybuilder reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Luke Skybuilder as a result of this agreement or use of the Site. Luke Skybuilder's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Luke Skybuilder's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Luke Skybuilder with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Luke Skybuilder with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Luke Skybuilder with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Luke Skybuilder reserves the right, in its sole discretion, to change the Terms under which www.LukeSkyBuilder.com is offered. The most current version of the Terms will supersede all previous versions. Luke Skybuilder encourages you to periodically review the Terms to stay informed of our updates.
TERMS AND CONDITIONS • FIXED PRICE CONTRACT • LUKE SKYBUILDER
1. Proposal Acceptance Time: Proposals shall remain valid for fifteen (15) days from the date set forth herein. In the event proposal is not accepted with fifteen (15) days, it may be withdrawn by the Contractor, at the Contractor's sole discretion, without notification to submitted party.
2. Agreement: Owner and/or spouse, if applicable, ( Owner ) has read the Contract, in its entirety, agrees that this contract is binding and fully understands all of the Terms and Conditions. Owner agrees is acting on behalf of himself/herself and spouse, if applicable. Contractor will provide, and charge Owner actual costs ad hoc, for all necessary building permits, processing applications, engineering reports and project preparations.
3. Plans & Speciﬁcations: The work of this contract shall be performed in a workmanlike manner according to specifications herein, the manufacturer's recommendations & current Florida Building Code.
4. Cancellation: In the event this contract is canceled by Owner, prior to commencement of work, Owner shall pay Contractor a fee equal to fifteen percent (15%) of the contract price, less any deposits previously made and funds cleared, as liquidated damages, plus all costs incurred by Contractor for materials and permits.
5. Completion of Work: Completion of work is agreed to be the day that the Scope of Work is completed.
6. Payment Terms: Payments are declared on a per contract basis. All deposits made are fully committed funds and non-refundable. All invoiced work is due immediately upon Owner receipt of invoice. Final payment is due upon completion of the work. If payment is not received within thirty (30) days of passing Final Inspection, any Warranty, if applicable, shall be considered null and void.
7. Permits: Permits and/or engineering fees are not included, unless otherwise stated on contract.
8. Testing & Inspections: Should special testing and/or inspections be necessary, Owner shall pay all applicable costs to provider plus a fifteen (15%) cost plus premium to Contractor for coordination & administration.
9. Subcontracting: Contractor reserves the right to subcontract all, or any part of, the work agreed between Owner and Contractor.
10. Change Orders: Modifications or deviations from the "Scope of Work" shall be performed as a Change Order to the Contract and will be executed only upon written authorization and approval of Owner and Contractor.
11. Gutters & Downspouts: The Removal and replacement of any gutters or downspouts are the responsibility of the Owner and is not included in the Contract price unless otherwise, specifically, stated.
12. Owner Responsibilities: The Owner is responsible for the following: (1) providing all necessary water, electrical power & access to premises; (2) providing an onsite storage area for equipment and materials; (3) relocating and protecting any items that may prevent Contractor from having free access to the Work area. (4) obtaining permission from the Owner of all adjacent properties that Contractor must use to gain access to the Work areas; Owner agrees to be responsible and to hold Contractor harmless & accept any risk resulting from the use of any adjacent property by Contractor; (5) maintaining property insurance sufficient to protect the performance of this Work including fire, tornado & wind insurance. (6) if necessary, employing a Florida Registered Engineer to determine the structural integrity of the building & certifying the building's ability to support the specified roof system & material loading.
13. Interior Protection: Precautions should be taken by Owner to protect the building's interior, plaster, furnishings and personal belongings or items that may be damaged. Loose objects should be taken down and secured.
14. Termites, Pests & Hazardous Substances: Owner understands that Contractor does not provide inspection or abatement of Termites, Pests or Hazardous Materials.
15. Roof Access by Trucks & Equipment: Contract price is based on Contractor having direct access to property and eave of the roof for heavy trucks and equipment. If Access is over existing driveway, swale, sidewalk or lawn, Contractor is not responsible for damage that may occur due to weight of equipment or vehicles. (Protection of driveways, pavers, lawns, or other means of access may be achieved at an additional cost. (Notify Contractor if additional protection is required).
16. Sealed Attic Liability Exclusion: Contractor expressly disclaims liability for any issue, claim cost, and/or damage including without limitation, attorney's fees, costs and expenses, arising out of or relating to combining a sealed attic system with spray foam insulation and/or a self-adhered underlayment and Customer agrees to indemnify, defend and hold harmless Contractor for any and all damages arising out of said conditions.
17. Clean-Up: Upon completion & after removing all debris & surplus
material wherever possible, Contractor will leave premises in a neat, broom clean, condition. Dust, dirt, asphalt & small bits of worked over, with open beam ceilings or no attic, are unavoidable. Contractor shall not be responsible for this cleanup.
18. Ponding Water: Owner/Owner's representative note that a ponding water condition is not indicative of a defective roof system. Ponding water is defined as roof surface that is incompletely drained. Positive drainage is a drainage condition with additional roof slope provided to ensure drainage of a roof area within seventy-two (72) hours after a rainfall.
19. Delays: Contractor shall not be held responsible for any damage occasioned by delays resulting from any contingencies unforeseen by Contractor or beyond reasonable control of Contractor.
20. Risk: Owner assumes all risk for damage caused by settlement and Contractor shall not be liable for damage to the building worked on or to the work done therein by Luke Skybuilder LLC, caused by settlement, warping distortion, failure of roof deck, sheathing, walls, ceiling or foundation of said building used as a base, attachment to or for said work.
21. Right to Stop Work & Withhold Payment to Suppliers: Should Owner neglect to make payment in accordance with the Terms & Conditions of this Contract, Contractor reserves the right to stop work & refuse payment to any material and/or equipment suppliers & sub-contractors during the period the Owner is in arrears in making payment to Contractor.
22. Unpaid Balances: Unpaid balances shall accrue interest at a rate of 2.0% per month, after fifteen (15) days from due date. Should it be necessary for Contractor to pursue collection measures, Owner shall pay all collection expenses incurred by Contractor.
23. Price Escalations: Prices are valid through the 30th day from proposal date.
24. Notices: Any notice required or permitted under this Contract may be given by certified mail to the address of both parties contained on page one of this contract.
25. Limitations: No action arising from or related to this Contract, or the performance of this Contract, shall be started by either party against the other more than two years from either the date of completion or the date of cessation of work under this Contract. This limitation applies to all actions of any character. Negligent misrepresentation or unintentional concealment shall not extend this limitation.
26. Governing Laws: This contract shall be construed under and in accordance with the law of the city or county where the project is located.
27. Legal Fees: In the event litigation arises out of this Contract prevailing party is entitled to all legal expenses.
28. Advertising: Owner hereby grants Contractor the exclusive right to display signs & advertise at the job site & publish the project street address on a "reference list" which may be given to prospective customers.
29. Roof Maintenance: Upon completion of the roofing system, a preventative roof maintenance program should be initiated to achieve normal life expectancy & performance.
30. Credit Card Payments: It is agreed that any payment(s) made with any credit card(s) for incremental and/or completed work cannot be disputed by Owner nor stop payment(s) issued through the credit card company used. Owner further agrees to a 3.0% convenience fee added to all credit card charges and that any post payment dispute shall be brought to mediation/arbitration and conducted by a mutually agreed upon third party.
31. Resolution of any dispute other than noted above will fall under as noted below: ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN.IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
See the Work We Do
“Went Above and Beyond”
“The Luke Skybuilder employees (Shea, Ignacio-not related to me, Luis) delivers excellent customer service. Shea, Ignacio, & Luis truly cares about what you need, very knowledgeable, and went above and beyond to make sure everything is done according to the State Building Code requirements. I highly recommend Luke Skybuilder to anyone. The support team was very thorough, very quick to respond, and the repair was done timely with a single interaction. Many thanks, Tony – Homeowner”
— Antonio I.