Terms of Service

SMS Terms & Conditions

By opting in to receive SMS messages, you agree to the following:

01 Consent for SMS Communication

You may opt in only through an affirmative consent method described below. Consent to receive marketing texts is not a condition of purchase. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. SMS opt-in data and consent will not be sold, rented, or shared with third parties for their own marketing or promotional purposes.

02 Types of SMS Communications

By opting in, you may receive SMS messages related to:

• Customer inquiries and estimate follow-ups;
• Appointment and project scheduling reminders;
• Project updates and follow-up messages;
• Billing and payment inquiries;
• Customer-care messages;
• Promotions or offers, only if you separately opt in to marketing messages.

03 Message Frequency

Message frequency varies depending on the type of communication and your project activity. You may receive up to 15 messages per week related to scheduling, project updates, billing, customer care, or other requested services.

04 Message and Data Rates; Carrier Disclaimer

Message and data rates may apply, depending on your carrier’s pricing plan. These fees may differ for domestic or international messages. Carriers are not liable for delayed or undelivered messages.

05 Opt-In Methods

You may opt in to receive SMS messages from Bath & Floor Stiles in the following ways:

• By submitting the online form at https://www.bathandfloorstiles.com/contact-us, entering your mobile number, and affirmatively selecting the applicable optional SMS consent checkbox. The form provides separate choices for service/customer-care texts and marketing texts;
• By providing your mobile number and express consent in person or on a signed estimate, proposal, or contract that includes the applicable SMS disclosures.

06 Opt-Out Instructions

You can opt out at any time by replying “STOP” to any SMS message. After you opt out, you may receive one final confirmation message. Alternatively, contact us at [email protected].

07 Help and Support

If you are experiencing any issues, reply “HELP” or contact us at [email protected] or +1 240-683-0011.

08 Additional Options

If you do not wish to receive SMS messages, do not select an SMS consent checkbox on our forms. You may still submit a service inquiry without consenting to marketing texts.

09 Age Restriction

You must be 18 years of age or older to use this SMS service. By opting in, you represent that you are at least 18 years old and are the authorized user of the mobile number provided.

10 Standard Messaging Disclosures

• Message frequency varies and may be up to 15 messages per week.
• Message and data rates may apply.
• Text STOP to opt out at any time.
• Text HELP for assistance.
• Carriers are not liable for delayed or undelivered messages.

Privacy Policy: https://www.bathandfloorstiles.com/privacy

Services Agreement

THESE TERMS AND CONDITIONS (“AGREEMENT”) APPLY TO YOUR (HEREINAFTER, “YOU”, “YOUR” OR “CLIENT”) ORDER AND PURCHASE OF REMODELING SERVICES OFFERED AND PERFORMED BY BATH & FLOOR STILES (D/B/A FLOOR STILES) (“BATH & FLOOR STILES”) IDENTIFIED IN THE RELEVANT PROPOSAL, ESTIMATE, OR SIGNED CONTRACT (“CONTRACT”). SUCH SERVICES (COLLECTIVELY, “SERVICES”) MAY BE PERFORMED DIRECTLY OR THROUGH BATH & FLOOR STILES’S SUBCONTRACTORS.

For the purposes of this Agreement, “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control of or with a party to this Agreement. “Control” means having 50% or more of the outstanding equity interests or having, by contract or otherwise, the right and ability to direct management and policies.

If you already have a current written agreement with Bath & Floor Stiles governing the purchase of Services, that separate agreement will prevail. Bath & Floor Stiles may, from time to time and at its sole option, revise this Agreement without notice by posting the revised agreement on its website. The Agreement posted on Bath & Floor Stiles’s website at the time Bath & Floor Stiles accepts your order governs that purchase.

01 Entire Agreement

The relevant Contract, along with this Agreement and any attachments, schedules, addenda and exhibits are together one agreement and form the entire agreement between the parties relating to the Services to be performed by Bath & Floor Stiles.

This Agreement supersedes any prior representations or agreements, oral or written, and all other communications between the parties relating to the subject matter. Any conflicting additional or different terms contained in any other agreement, invoice or contract, as the case may be, are expressly rejected. In the event of a conflict between this Agreement and the Contract, the Contract will govern with respect to such conflicting additional or different terms.

02 Term

This Agreement commences when Bath & Floor Stiles accepts your order (“Effective Date”) and will continue until completion of the Services or as otherwise provided under Section 4 below.

03 Invoicing / Payment

Services will be invoiced in accordance with the Contract. You must pay all undisputed invoices in full within 30 days of the invoice date, unless otherwise specified in the Contract. All payments must reference the invoice number. Unless otherwise specified, all invoices shall be paid in the currency of the invoice.

Credit / late payment. Bath & Floor Stiles retains the right to decline to extend credit and to require that the applicable purchase price be paid prior to performance of Services based on changes in Bath & Floor Stiles’s credit policies or your financial condition and/or payment record.

Bath & Floor Stiles reserves the right to charge interest of 1.5% per month or the maximum allowable by applicable law, whichever is less, for any undisputed past due invoices. You are responsible for all costs of collection, including reasonable attorneys’ fees, for any payment default on undisputed invoices. In addition, Bath & Floor Stiles may terminate all further work if payment is not received in a timely manner.

Taxes. Federal, state and local sales, use and excise taxes and all similar taxes and duties, excluding taxes based on Bath & Floor Stiles’s income, assets or net worth, are the sole responsibility of Client. Client may provide Bath & Floor Stiles a tax exemption certificate, which will be subject to review and acceptance by Bath & Floor Stiles.

04 Termination

Unless earlier terminated in accordance with this Agreement, either party may terminate this Agreement, in whole or in part, immediately upon material breach of this Agreement and failure to remedy such breach within 30 days after receipt of written notice of breach.

A material breach of this Agreement includes, without limitation, Client’s failure to pay invoices when due. Notwithstanding the foregoing, Bath & Floor Stiles may terminate this Agreement or any related Contract without cause upon 30 days written notice to Client.

05 Limited Service Warranty

Bath & Floor Stiles represents and warrants that Services performed by Bath & Floor Stiles will: (i) be performed in a timely, competent, professional and workmanlike manner; (ii) be free from defects in workmanship (labor) for a period of one (1) year from the date of substantial completion, or for such other warranty period as may be indicated in the Contract; and (iii) be in compliance with all laws, rules and regulations applicable to Bath & Floor Stiles’s performance of the Services.

Materials, fixtures, and products supplied and installed as part of the Services are covered solely by the applicable manufacturer’s warranty, which Bath & Floor Stiles passes through to Client to the extent permitted; Bath & Floor Stiles makes no independent warranty as to such materials, fixtures, or products.

06 Warranty Disclaimer

THE EXPRESS WARRANTIES IN SECTION 5 ARE IN LIEU OF, AND BATH & FLOOR STILES EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES IN RELATION TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD.

07 Remedies

The parties’ sole and exclusive obligations, and sole and exclusive remedies, with respect to any action for breach of limited warranty will be the re-performance or repair of any deficient Services at Bath & Floor Stiles’s expense.

If Bath & Floor Stiles is unable to remedy any deficient Services within 30 days of notice or such additional time as may be agreed upon by the parties, Bath & Floor Stiles will, at its option, provide a credit or refund of any fees paid for the specific non-conforming Services. No re-performance will extend any warranty period.

Any credits issued to you by Bath & Floor Stiles for any reason must be applied by you within 60 days from the date the credit is issued. If not used within such period, credits will automatically expire.

08 Confidential Information

Both parties will maintain in confidence and safeguard all confidential information, as defined in this paragraph, of the other party, its affiliates, and its customers.

“Confidential Information” means any information that is marked or otherwise identified as confidential or proprietary at the time of disclosure and includes, but is not limited to, know-how, data, customer lists, personal information, financial information, and sales and marketing plans of the other party, its affiliates, or its customers.

Both parties recognize and acknowledge the confidential and proprietary nature of any Confidential Information and acknowledge the irreparable harm that could result if such Confidential Information is disclosed to a third party or used for unauthorized purposes. Each party agrees to use any Confidential Information only for the purpose of conducting business with each other in the manner contemplated by this Agreement.

Both parties will restrict disclosures of any Confidential Information to only those personnel who have a need to know and will bind such personnel to obligations of confidentiality to the same extent that each party is bound by this Agreement. Upon request of the owner of Confidential Information, the other party will promptly return all materials incorporating any Confidential Information and any copies.

The obligations under this paragraph do not apply to information that: (i) is or becomes generally known or in the public domain through no act or omission of the other party; (ii) was lawfully in the receiving party’s possession without restriction before its receipt from the other party; (iii) is received from, or was made available to, a third party without any obligation of confidentiality; (iv) was independently developed; (v) is otherwise permitted to be disclosed under this Agreement; (vi) is disclosed with the prior written consent of the disclosing party; or (vii) is required to be disclosed in any civil or criminal legal proceeding, regulatory proceeding or any similar process, provided that the party required to make the disclosure shall give prompt notice to the other party prior to such disclosure so that the other party may seek an appropriate protective order.

09 Access to Premises

Bath & Floor Stiles will perform the Services at Client’s property or jobsite as identified in the Contract. Bath & Floor Stiles will attempt to perform such Services within normal business hours unless otherwise jointly agreed to by the parties.

Client will provide Bath & Floor Stiles safe and timely access to the property, jobsite, and any areas, utilities, and resources that Bath & Floor Stiles determines are useful or necessary to provide the Services, and will disclose any known hazards or conditions affecting the work.

When the Services are provided on Client’s premises, Client agrees to maintain adequate insurance coverage to protect Bath & Floor Stiles and Client’s premises and to indemnify and hold Bath & Floor Stiles and its Affiliates, and its and their agents and employees harmless from any loss, cost, damage or expense (including, but not limited to, attorneys’ fees and expenses) arising out of any product liability, death, personal injury or property damage or destruction occurring at such location in connection with the performance of the Services, other than solely as a result of Bath & Floor Stiles’s gross negligence or willful misconduct.

10 Non-Solicitation

Both parties agree that, during the term of this Agreement and for a one-year period after the termination or expiration of this Agreement, neither party will, directly or indirectly, solicit, offer employment or hire any current or former employee, contractor or consultant of the other party who was directly involved in the performance of this Agreement or any related Contract.

This provision does not restrict the right of either party to solicit or recruit generally in the media and does not prohibit either party from hiring an employee of the other who answers any advertisement or who otherwise voluntarily applies for hire without having been initially personally solicited or recruited by the hiring party.

11 Indemnification

Each party will indemnify, defend and hold harmless the other party, its officers, directors, employees, agents, and Affiliates from and against any damages, penalties, costs, and expenses (including reasonable attorney fees) incurred by the other party in connection with any claims or actions by a third party relating to bodily injury or death of any person or damage to tangible personal property to the extent caused by the negligence or willful acts or omissions of the party that has the obligation to defend, indemnify, or hold harmless.

In the event that any claim is made or suit is commenced by a third party against a party or other entity entitled to indemnity under this Section (an “Indemnified Party”), the Indemnified Party shall: (i) give prompt written notice of such demand, claim or suit to the party that has an indemnity obligation (the “Indemnifying Party”); and (ii) provide reasonable assistance and cooperation in the defense and settlement of any claim or legal proceeding.

Notwithstanding the foregoing, if the Indemnifying Party fails to assume its obligation to defend, the Indemnified Party may do so to protect its interests and seek reimbursement from the Indemnifying Party.

12 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, PROFITS, DATA, OPERATIONAL EFFICIENCY, USE OR INFORMATION) ARISING UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION OR THEORY OF RELIEF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BATH & FLOOR STILES’S AGGREGATE LIABILITY TO CLIENT UNDER THIS AGREEMENT FOR ANY CLAIM OR CAUSE OF ACTION (WHETHER STYLED AS A BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, ETC.) EXCEED AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY THE CLIENT TO BATH & FLOOR STILES UNDER THE APPLICABLE CONTRACT.

13 Cooperation

In addition to any specific Client duties set forth in the applicable Contract, Client agrees to cooperate with Bath & Floor Stiles in connection with performance of the Services by providing: (i) timely responses to Bath & Floor Stiles’s inquiries and requests for approvals, selections, and authorizations; (ii) safe and timely access to the property and jobsite and to any information or materials reasonably requested by Bath & Floor Stiles which are necessary or useful in connection with providing the Services; and (iii) all consents, permits, and approvals (including any homeowner association or landlord approvals) necessary for Bath & Floor Stiles to provide the Services.

Client acknowledges and agrees that the Services are dependent upon the completeness and accuracy of information provided by Client, including selections and site conditions, and the knowledge and cooperation of the persons engaged or appointed by Client to work with Bath & Floor Stiles.

14 Notices

Any notice required or permitted to be given hereunder must be in writing and is considered received: (a) when personally delivered; (b) 1 business day after having been sent by overnight mail via a professional carrier; or (c) when sent via electronic mail, receipt confirmed, with an original document placed in the mail within 5 business days.

All business communication will be sent to the addresses as either party designates in writing to the other. Legal notices must be sent with a copy for Bath & Floor Stiles addressed to: Bath & Floor Stiles, 111 Market St, Gaithersburg, MD 20878.

15 General

This Agreement will be governed by the substantive laws of the state of Maryland without regard to any conflict of law rules. Any subsequent additions, deletions or modifications to this Agreement are not binding unless agreed upon in writing by authorized representatives of both parties.

If any part of this Agreement is for any reason found to be invalid, illegal or unenforceable, all other parts will still remain in effect. A delay or failure to exercise or partially exercise any right under this Agreement does not operate as a waiver, nor will it preclude future exercise of that right or permit or sanction any subsequent breach of any term or condition.

Neither party may assign its duties or rights under this Agreement, whether by operation of law or otherwise, except with the other party’s prior written consent; provided that Bath & Floor Stiles will have the right to assign this Agreement to an affiliate or corporate successor.

Bath & Floor Stiles may subcontract any or all of its obligations hereunder to one or more qualified parties without your prior consent, unless otherwise restricted in this Agreement. Bath & Floor Stiles is not responsible for default or delays caused by your failure to provide accurate instructions, information, selections, or access to the property.

Neither party will be liable for any delays in the performance of this Agreement due to circumstances beyond its control, including but not limited to acts of nature, acts of government, national emergencies, acts of terrorism, transportation delays, labor disturbances, work stoppages, or material shortages.

The provisions of this Agreement, which by sense and content are intended to survive, including but not limited to the sections related to payment, warranties, remedies, indemnification, confidentiality and limits of liability, will survive the expiration or termination of this Agreement.

Bath & Floor Stiles is an independent contractor to you. No personnel employed or engaged by Bath & Floor Stiles to perform the Services for you will be considered your employees, agents, partners, joint venture partners, or franchisors. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.

Maryland Home Improvement Disclosures

This section is provided for the avoidance of doubt. The specific terms of each project, including price, scope, deposit, and start and completion dates, are set out in the individual estimate, proposal, or signed contract for that project. In the event of any conflict between this section and the applicable Contract, the Contract governs.

Contractor Identification

Bath & Floor Stiles (d/b/a Floor Stiles) is a licensed Maryland home improvement contractor.
MHIC License No.: 34147
111 Market St
Gaithersburg, MD 20878
+1 240-683-0011
[email protected]

Maryland Home Improvement Commission Notice

Formal mediation of disputes between homeowners and contractors is available through the Maryland Home Improvement Commission (the “Commission”).

The Commission administers the Guaranty Fund, which may compensate homeowners for certain actual losses caused by acts or omissions of licensed contractors.

A homeowner may request that a contractor purchase a performance bond for additional protection against losses not covered by the Guaranty Fund. The contractor is not obligated to pay for the bond.

Maryland Home Improvement Commission: (410) 230-6309 · www.labor.maryland.gov/license/mhic/

Right to Rescind

You have the right to rescind this contract within three (3) business days after the date you sign it by notifying the contractor in writing that you are rescinding the contract.

Deposits and Payments

Bath & Floor Stiles will not accept any payment until the Contract is signed by each party, and will not accept more than one-third (1/3) of the Contract price as a deposit. Payment terms beyond the deposit are as stated in the applicable Contract. You must receive a signed copy of the Contract before work starts.

Dates and Price

The applicable Contract states the price agreed upon for the entire job and the approximate dates when the work will begin and be substantially completed.

16 Contact Us

If you have questions about these terms, or need to send a legal notice under Section 14, contact us at: