USER AGREEMENT AND TERMS OF SERVICE
- Binding Agreement
a. These Terms of Service and User Agreement (“Terms”), as periodically modified, apply to your use of this website and all services offered by Top Shelf Estimates LLC (“Top Shelf Estimates”). By accessing this website or using any of Top Shelf Estimates’ services (“Services”), you (the “Customer”) acknowledge having read, understood, and agreed to these Terms. If Customer does not agree, please refrain from using the website or requesting any Services. Customer agrees to use the website and Services strictly as outlined in the Terms.
b. Top Shelf Estimates may modify these Terms or its website at any time. It is the Customer’s responsibility to check the Terms regularly. Updated Terms become effective with the Customer’s next website visit or service request after such updates.
c. These Terms supersede any previous agreements or representations between Top Shelf Estimates and Customer. The Terms represent the complete agreement, modifiable only with written consent from Top Shelf Estimates. In cases of conflict between these Terms and other statements (such as promotional content), these Terms shall govern.
- Services
a. Services Provided: Top Shelf Estimates provides digital estimates in restoration and construction industries (each an “Estimate”). A separate Estimate may be provided for distinct project scopes at Top Shelf Estimates’ discretion (e.g., water mitigation Estimate vs. build-back Estimate), primarily based on Customer-provided information.
b. Timing of Delivery: Estimates are often completed within three business days but may vary based on Customer information, project scope, etc. Delivery times are not guaranteed, and the Estimate will be provided within a commercially reasonable timeframe.
c. Service Limitations: Top Shelf Estimates reserves the right to limit, refuse, or discontinue services as necessary. Service offers made on this website are void where prohibited.
d. Relationship of Parties: These Terms do not establish a partnership, joint venture, or fiduciary relationship between Top Shelf Estimates and Customer. Top Shelf Estimates acts independently and bears no responsibility for the Customer’s project work or related negotiations.
- Pricing
Customer agrees to pay for the Services as follows (prices in U.S. dollars, excluding applicable taxes):
Complete Billing Solution
- Minimum Fee: $250 (includes a $100 deposit).
- Deposit: $100, payable upon submission to the carrier.
- Performance-Based Fee: 3% of the total settlement amount, minus the $100 deposit, or $150 upon settlement, whichever is greater.
- Services Include:
- Compilation of a comprehensive billing package in coordination with the Customer’s designated point of contact.
- Submission to the carrier and confirmation of receipt.
- Establishment of a timeline for review and regular follow-up.
- Utilization of negotiation tools and expertise to secure the highest possible payout from the carrier.
Estimate Writing Services (Ghostwriting)
- Minimum Fee: $100 per file type.
- For Estimates Totaling Between $5,000 and $10,000: $150.
- Additional Charges for Larger Estimates: $25 for each additional $5,000 increment beyond $10,000.
- Includes:
- Unlimited revisions until carrier submission.
- Unlimited revisions during the negotiation process.
- Note: Ghostwriting services only. All documents are prepared under the Customer’s letterhead, with the Customer’s representative listed as the estimator. Revisions are included and will be made as specifically requested by the Customer. However, rebuttals, which include response writing and negotiation with the adjuster on behalf of the Customer, are not included in this service.
- Payment
a. Non-Refundable Deposit: Required for all orders, as specified per service.
b. Final Payment: Customer shall pay the balance upon Estimate completion. Services must be paid in full regardless of the Customer’s project outcome or payment status.
c. No Refunds: Payments are non-refundable except in cases of clear error by Top Shelf Estimates, where rectification or refund options may be provided.
d. Credit Card Authorization: A valid credit card is required to place an order. Customer agrees to update credit card information promptly.
e. Interest on Overdue Payments: 18% annual interest or the maximum legal rate may apply to overdue balances.
- Customer Representations
Customer affirms:
- Provided information is accurate and up-to-date.
- Understands the Estimate is a guideline, subject to independent verification.
- Acknowledges variations in regional and vendor pricing.
- Authorizes Top Shelf Estimates to use related media for marketing purposes.
- Ensures compliance with all applicable laws in use of the website and Services.
- Limited Warranty and Disclaimer of Warranties
a. Top Shelf Estimates warrants only that Services will conform to these Terms.
b. General Disclaimer: Services are provided “as-is.” Top Shelf Estimates disclaims all implied warranties.
- Termination
Top Shelf Estimates reserves the right to terminate Customer access to Services if these Terms are breached or for any reasonable cause.
- Limitation of Damages
Top Shelf Estimates’ total liability shall not exceed twice the price paid for Services. This limitation extends to indirect and incidental damages, including potential delays or data loss.
- Prohibited Uses
Prohibited activities include, but are not limited to, misuse of the website, submission of misleading information, unauthorized access attempts, and violation of intellectual property rights.
10. Third-Party Links
Top Shelf Estimates is not responsible for third-party content linked through its website.
11. Indemnification
Customer agrees to indemnify Top Shelf Estimates against any damages arising from misuse or violation of these Terms.
12. Dispute Resolution
a. Customer disputes shall first undergo mediation before formal proceedings.
13. Privacy
Please review our Privacy Policy for information on data use and storage.