Terms of Service

PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.

This is a contract between you (the "Customer") and us ("Sandwich Kitchens, Inc."). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible. These terms are so important though that we cannot provide these services unless you agree to them. By receiving any of our construction, remodeling, or consulting services, you are agreeing to these terms.

GENERAL TERMS

1. Definitions

“Agreement” means these Customer Terms of Service and all materials referred to or linked to herein.

“Communication Services” means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Instagram, Houzz) linked to or from the Company that enable you to communicate with the public or with a private group.

“Confidential Information” means all information provided by you or us (“Discloser”) to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information does not include information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.

“Consulting Services” means professional design or construction-related services provided by us, which may include site assessments, design proposals, and planning consultations.

“Customer Data” means all information you submit to us in relation to a project, including blueprints, images, and specifications.

“Customer Materials” means all materials that you provide to us for the purpose of completing the project, including finishes, samples, sketches, or documentation.

“Sandwich Kitchens Content” means all information, data, images, plans, renderings, and media that we create or incorporate into our proposals, services, or projects.

“Order Form” or “Work Agreement” means the approved estimate, proposal, or signed contract by which you agree to receive services from us.

“You,” “your” or “Customer” means the individual or entity receiving services and identified in the contract or communication as the client.

2. Services

Access. During the term of this Agreement, we will provide you the consulting, design, and/or construction services outlined in your Order Form.

Limits. Each Order Form will define the project scope, deliverables, and timelines. Additions or changes require a written change order.

Modifications. We may modify the proposed scope of work, project timeline, or construction plan in order to meet code compliance, unforeseen structural issues, or scheduling requirements. Any significant changes will be communicated to you for approval.

Additional Features. You may request additional services or enhancements not included in the original scope by executing a new Order Form or change order.

3. Customer Support

Support. You may contact us during business hours (Monday–Friday, 8AM–5PM EST) via phone at (508) 574-2002 or email at [email protected]. In-home consultations, site visits, and project updates will be provided as agreed upon in the contract.

Availability. While we strive to provide continuous support, availability is subject to scheduling, emergencies, holidays, and project load.

4. Consulting Services

We may provide services including space planning, measurements, layout design, cabinet and finish selection, budget estimation, and construction documentation. These are separate from physical construction work and will be billed accordingly. Consulting Services are non-cancellable and fees are non-refundable.

5. Fees and Payments

Payment Terms. We accept payment via check. Payment schedules and terms are specified in your signed work agreement. You agree to pay all fees by the due dates specified.

Late Payments. Past-due balances will accrue a service charge of 1.5% per month (18% APR). If third parties are employed to collect overdue amounts, you agree to pay reasonable collection costs, attorney fees, and court fees.

Invoicing. You will keep your contact and billing information up to date. All payment obligations are non-cancelable and non-refundable.

Sales Tax. All fees are exclusive of applicable taxes, which you agree to pay as required by law.

6. Proprietary Rights

This Agreement does not grant you a license to our intellectual property. All Sandwich Kitchens Content and Consulting Services are the sole property of Sandwich Kitchens, Inc. You may not reproduce or distribute any renderings, layouts, or documentation without written permission.

7. Customer’s Proprietary Rights

You retain ownership of Customer Materials and Customer Data. We will only use such data to fulfill our obligations and never for our own marketing unless approved by you.

8. Confidentiality

We will use reasonable care to protect Confidential Information shared by you. Confidential Information will not be disclosed without your consent unless required by law.

9. Customer Responsibilities

You agree to:

• Provide timely feedback and approvals.
• Allow access to the project site.
• Make timely payments.
• Maintain communication throughout the project lifecycle.

Delays or failure to provide access may result in timeline extensions or additional fees.

10. Publicity

You grant us the right to photograph completed work for portfolio, website, and marketing purposes, unless you request in writing that we do not.

11. Data & Privacy

We collect your information for project-related communication. It is not shared with third parties without your consent. See our Privacy Policy for full details.

12. Dispute Resolution

All disputes are governed by the laws of the Commonwealth of Massachusetts. You consent to the exclusive jurisdiction of courts located in Massachusetts.

13. Termination

Either party may terminate this Agreement upon thirty (30) days’ notice of material breach if the breach remains uncured. Termination does not excuse payment for work already completed.

14. Force Majeure

We are not responsible for delays or failures due to acts of God, labor strikes, supply shortages, weather events, or other causes beyond our control.

15. Entire Agreement

This Agreement and the signed Work Agreement constitute the full understanding between us. All prior discussions or proposals are superseded.

16. Assignment

You may not assign this Agreement without our prior written consent. We may assign to an affiliate or successor.

17. No Third-Party Beneficiaries

This Agreement is solely between you and Sandwich Kitchens Inc. It does not confer any rights to third parties.

18. Contract for Services

This Agreement is a contract for professional services, not for the sale of goods. It is governed by the Uniform Commercial Code of Massachusetts.

19. Authority

Each party represents that it has the authority to enter into this Agreement and fulfill its obligations.

20. Survival

The following sections will survive termination: Definitions, Fees and Payments, Proprietary Rights, Confidentiality, Indemnification, and General Terms.

21. Precedence

In the event of conflict between these Terms and any Order Form, the terms of the Order Form shall govern.

22. Suspension

We may suspend services if you fail to meet payment terms or obstruct our work. Access to any design files or materials may be revoked until resolution.

23. SMS Messaging Terms

Program Name: Sandwich Kitchens Notifications

Description: By opting in, you agree to receive SMS messages from Sandwich Kitchens, Inc. regarding project updates, scheduling, consultations, billing, customer support, and other important service-related notifications. Message frequency may vary depending on your project status and communication needs.

Opt-Out Instructions: You can cancel the SMS service at any time. Simply text "STOP" to the number you received the message from. Upon sending "STOP," we will confirm your unsubscribe status via SMS. After this, you will no longer receive SMS messages from us.

Rejoining Instructions: To rejoin, sign up again using the original opt-in method, and we will resume SMS communications with you.

Help Instructions: If you experience issues, reply with "HELP" for more assistance or contact us directly at [email protected] or call (508) 574-2002.

Message and Data Rates: Message and data rates may apply for messages sent to you from us and from you to us. For questions about your text or data plan, contact your wireless provider.

Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.

Privacy: See our Privacy Policy for details about how we collect and use your information.

Compliance: We comply with all applicable laws and industry standards governing messaging, including CTIA, TCPA, and 10DLC guidelines.