Terms and conditions

Firefly Lighting, LLC — Effective August 26, 2026

These Terms & Conditions (“Terms”) apply to all estimates, proposals, service orders, invoices, and work performed by Firefly Lighting, LLC (“Firefly,” “we,” “us,” “our”) for landscape lighting, architectural lighting, holiday lighting, and outdoor audio (the “Work”).

IMPORTANT: ACCEPTANCE = AGREEMENT

These Terms are incorporated into every Firefly estimate, proposal, or service order (“Estimate”). By accepting an Estimate — including by signature, click-to-accept, approving by text or email, paying any amount, scheduling Work, or allowing Work to begin — Client agrees to these Terms and enters into a binding agreement with Firefly.

If there is a conflict between the accepted Estimate and these Terms, the Estimate controls only for the specific conflicting item, and these Terms control for all other matters.

1) DEFINITIONS

1. Client: the property owner or authorized agent accepting the Estimate.
2. Estimate: Firefly’s written scope/pricing/authorization document (proposal, quote, or service order) presented to Client and accepted to authorize Work. An Estimate is not an Invoice.
3. Invoice: Firefly’s written statement of amounts due for Work performed, issued at the time(s) described in Section 5 (Payment Terms).
4. Work: all labor, materials, installation, service, repair, removal, maintenance, programming, aiming, tuning, troubleshooting, and related services provided by Firefly.

2) SCOPE OF WORK

1. Firefly will perform only the Work described in the accepted Estimate.
2. Anything not expressly included in the Estimate is excluded, including but not limited to: drywall/paint repair, masonry repair, extensive landscape restoration, electrical panel upgrades, conduit runs inside walls, irrigation/drainage repairs, and permitting/HOA processes unless stated.

3) CHANGE ORDERS / OUT-OF-SCOPE WORK

1. Any change to Work (additions, deletions, relocation of fixtures/speakers, upgrades, extra trenching, additional zones, expanded holiday coverage, or “while you’re here” requests) requires Client approval and may change pricing and schedule.
2. Firefly may proceed without a formal change order only for insubstantial field adjustments needed for quality or safety that do not materially alter scope or add more than nominal cost; any such adjustment will be noted on the final Invoice.
3. Work requested outside Scope may be billed on a time & materials basis at Firefly’s then-current rates unless otherwise quoted.

4) PRICING, TAXES, AND VALIDITY

1. Estimates are valid for the period stated on the Estimate (or 15 days if not stated).
2. Sales tax is additional where required unless expressly included.
3. Pricing assumes typical site conditions and reasonable access.

5) PAYMENT TERMS

1. A deposit may be required to schedule Work and/or order materials (as stated on the Estimate).
2. Final payment is due upon substantial completion unless otherwise stated on the Estimate. Firefly will issue an Invoice reflecting the amount due.
3. Firefly may withhold programming, final aiming, final tuning, or final punch-list completion until the balance is paid.
4. Late balances may accrue a finance charge of 1.5% per month (18% APR) or the maximum allowed by law, whichever is lower.
5. * Client agrees to pay all reasonable collection costs and attorney’s fees actually incurred, subject to Georgia law. Before attorney’s fees become due, Firefly will send Client written notice of the amount owed; Client will have ten (10) days from the date that notice is sent to pay the principal and unpaid finance charges without additional attorney’s fees. Where required by O.C.G.A. § 13-1-11, any attorney’s-fee recovery will not exceed 15% of the principal and interest owed. (Confirm this notice mechanic with counsel before use.)

6) SCHEDULING, DELAYS, AND ACCESS

1. Scheduled dates are estimates. Weather, safety conditions, product availability, and site readiness may affect schedule.
2. Client must provide safe and unobstructed access to the property during agreed service windows, including access to: electrical panel/outlets; gates/locks; control locations; network/Wi-Fi equipment (for audio/smart controls).
3. If Firefly arrives and cannot perform due to lack of access or site readiness, a trip/crew charge may apply.

7) UTILITIES, DIGGING, AND SITE CONDITIONS

1. Firefly will contact Georgia 811, when necessary (or the applicable utility-locate service) before excavation, as required by law, and will take reasonable precautions when trenching or burying wire. Client understands that underground conditions are inherently uncertain.
2. Public utility locate markings reduce risk but do not eliminate it. Client is responsible for identifying private lines and systems, including irrigation, drainage, gas/propane lines, invisible fences, pre-existing wiring, and low-voltage systems, unless expressly included in the Estimate.
3. Concealed or unforeseen conditions (roots, rock, debris, hardscape conflicts, prior non-code wiring, water intrusion) may require change-order pricing.

8) PROPERTY DISTURBANCE & RESTORATION

1. Some disturbance is expected (soil, mulch, lawn, planting beds). Firefly will use reasonable care to minimize impact.
2. Restoration is limited to basic raking, settling, and backfill unless otherwise stated on the Estimate.
3. Firefly is not responsible for future settling, erosion, or plant health issues.

9) MATERIALS, OWNERSHIP, AND SUBSTITUTIONS

1. All materials remain Firefly property until paid in full. * To the extent permitted by Georgia law (O.C.G.A. § 44-14-361 et seq.), Firefly may file a lien against the property for unpaid amounts owed for labor and materials. (Confirm current citation and required pre-lien notices with counsel.)
2. Firefly may substitute comparable materials/equipment due to availability, while preserving performance and quality.
3. Firefly does not warranty Client-supplied equipment or materials and is not responsible for compatibility or performance issues related to Client-supplied items.

10) EXISTING SYSTEMS / PRIOR WORK

If Work involves an existing system, Client understands:

1. Firefly is not responsible for failures caused by pre-existing conditions, hidden damage, or prior workmanship.
2. Diagnosing existing problems may require billable troubleshooting and may reveal additional required repairs not included in the Estimate.

11) HOLIDAY LIGHTING TERMS (WHEN APPLICABLE)

1. Holiday lighting is seasonal and timing is subject to weather and safety.
2. Install/takedown windows are estimates and may shift due to wind, rain, ice, or roof/ladder safety.
3. Minor variations in brightness/color temperature between LED batches are normal.
4. Damage caused by pets, other contractors, roof/gutter work, landscaping crews, power events, or customer handling is billable.
5. If Client stores lights, fixtures, or equipment between seasons rather than Firefly, Firefly is not responsible for damage, loss, or deterioration caused by that storage or by Client’s handling, and repair or replacement of items damaged in Client storage is billable. This exclusion does not apply to failures unrelated to Client storage or handling (e.g., ordinary defects in workmanship or materials), which remain covered under Section 13 (Warranties).

12) OUTDOOR AUDIO TERMS (WHEN APPLICABLE)

1. Audio performance may depend on Client’s network/Wi-Fi coverage, router quality, ISP, streaming services, and third-party app ecosystems. Firefly is not responsible for ISP outages or app/service changes.
2. Client is responsible for subscriptions, accounts, passwords, and app settings. Client is solely responsible for safeguarding any network credentials shared with Firefly; Firefly will not use such credentials beyond performing the Work.
3. Calibration/tuning is performed at installation under normal conditions. Changes to landscape, furniture, or structures may require paid re-tuning.
4. Lightning/surge protection is strongly recommended. Lightning/surge damage is not covered unless expressly stated.

13) WARRANTIES

1. Workmanship Warranty. Firefly warrants that the Work will be free from defects in workmanship for ten (10) years from the date of completion, unless a different period is stated on the Estimate. This warranty applies regardless of enrollment in the Firefly Lighting Care Program and is a LIMITED WARRANTY covering workmanship (labor and installation) only, subject to the exclusions below.
2. Manufacturer Warranty. Fixtures and lamps/bulbs installed by Firefly are covered by the applicable manufacturer’s warranty, a copy of which is available to Client on request. This manufacturer warranty applies to fixtures and lamps/bulbs unless Client qualifies for the extended coverage in Section 13.3.
3. Lifetime Parts Coverage for Lighting Care Clients. Clients actively and continuously enrolled in the Firefly Lighting Care Program (Section 15) receive lifetime coverage — for as long as they remain enrolled — on the replacement of failed fixtures and lamps/bulbs originally installed by Firefly. This coverage is limited to the replacement part itself; it does not include labor for diagnosis, access, wiring repairs, transformer repairs, or other troubleshooting, which remain billable under the Program’s time-and-materials terms. This coverage ends immediately upon cancellation, non-renewal, or a lapse of more than 12 months since Client’s last completed Program maintenance visit, and does not apply retroactively to periods when Client was not enrolled. If Client is not enrolled, Section 13.2 (Manufacturer Warranty) applies instead.
4. Third-Party Fixtures Not Covered. The warranties in this Section 13, and Firefly’s standard service scope, cover only Work performed by Firefly using fixtures, equipment, and systems installed by Firefly. Fixtures, equipment, or systems installed by any other company or person are not covered, whether or not Firefly later services or integrates with them.
5. Warranty Void Upon Third-Party Service. The warranties in this Section 13 are void in their entirety if the Work is inspected, serviced, repaired, altered, or otherwise worked on by any person or company other than Firefly, without Firefly’s prior written consent.
6. Implied Warranties. To the extent permitted by law, any implied warranties, including the implied warranty of merchantability and fitness for a particular purpose, are limited in duration to the same period as the express Workmanship Warranty in Section 13.1. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to Client. This warranty gives Client specific legal rights, and Client may have other rights that vary by state.
7. Additional Exclusions. Firefly’s warranties do not cover: lightning/surge/flood/storm/acts of God; accidental damage, misuse, abuse, tampering, or vandalism; pet/animal/pest damage; corrosion, chemical exposure, pool environments, or salt air; normal wear and finish aging; soil movement, erosion, root growth, or landscape changes.
8. Warranty service does not include system redesign, relocation, upgrades, or cosmetic preferences.

14) SERVICE CALLS (NON-WARRANTY)

Non-warranty service calls are billed at Firefly’s current rates, including trip charges, labor minimums, and materials.

15) FIREFLY LIGHTING CARE MAINTENANCE PROGRAM (WHEN APPLICABLE)

1. Firefly Lighting Care is a proactive maintenance program consisting of at least two scheduled maintenance visits per year. Visits are billed on a time-and-materials basis at Firefly’s then-current rates; the Program is not a prepaid membership or subscription fee.
2. Each maintenance visit includes: inspecting the entire lighting system for proper operation; cleaning fixtures and lenses; straightening fixtures that have shifted or been knocked over; re-aiming and adjusting fixtures to restore the original lighting design; making minor adjustments as needed; checking lamps/bulbs and replacing failed lamps as needed; checking visible wiring and connections for problems; checking transformer operation and controls/timers; identifying damaged fixtures, wiring issues, or other needed repairs; and adjusting lighting for landscape growth and seasonal changes.
3. Not included in a routine visit, and billed separately at Firefly’s time-and-materials rates: replacement fixtures; lamp/material costs; significant wiring repairs; transformer repair or replacement; other repairs beyond routine adjustment; and work on tree-mounted fixtures or requiring climbing or access equipment.
4. Section 6 (Scheduling, Delays, and Access) applies to Program visits.
5. Clients enrolled in the Program receive the extended lifetime parts coverage described in Section 13.3 (Warranties); Clients who are not enrolled, or who have discontinued the Program, receive the manufacturer warranty described in Section 13.2 instead.

16) LIMITATION OF LIABILITY

To the maximum extent permitted by law:

1. Firefly’s total liability is limited to the amount paid to Firefly for the specific Work giving rise to the claim.
2. Firefly is not liable for incidental, consequential, indirect, or special damages (including loss of use, loss of profits, or diminution in property value).
3. Nothing in this Section limits liability for gross negligence, willful misconduct, or death or bodily injury to the extent such a limitation is prohibited by law.

17) INSURANCE AND INDEMNIFICATION

1. Firefly maintains commercial general liability insurance and, where required by law, workers’ compensation insurance for its employees. Certificates of insurance are available on request.
2. Client is responsible for maintaining insurance covering the property and its contents.
3. Each party will indemnify the other for third-party claims to the extent caused by that party’s negligence or willful misconduct. Client will indemnify Firefly for claims arising from pre-existing property conditions, undisclosed private utility lines or systems, or inaccurate site information provided by Client.

18) CANCELLATION / RESCHEDULING

1. Rescheduling within 48 hours may incur a crew reservation/trip charge.
2. If Client cancels after acceptance, Client is responsible for: costs for materials ordered/delivered; restocking fees; labor already performed; non-returnable or special-order items; reasonable scheduling/administrative costs.
3. Deposits may be non-refundable once materials are ordered or labor is reserved.

19) PHOTOS AND MARKETING

Client authorizes Firefly to photograph/video the completed Work for documentation and marketing unless Client opts out in writing before Work begins.

20) DISPUTES; RIGHT TO CURE

Client must notify Firefly in writing (see Section 23, Notices) of any claim and allow a reasonable opportunity to inspect and cure prior to pursuing third-party repair, chargebacks, or legal action.

21) GOVERNING LAW / VENUE (FULTON COUNTY)

This Agreement and any dispute, claim, or controversy arising out of or relating to Firefly’s Estimate, Work, or these Terms (whether in contract, tort, or otherwise) is governed by the laws of the State of Georgia, without regard to conflict-of-law rules.

Venue and exclusive jurisdiction for any legal action is the state or federal courts located in Fulton County, Georgia, and Client irrevocably consents to personal jurisdiction in those courts and waives any objection to venue there.

22) FORCE MAJEURE

Neither party is liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including acts of God, severe weather, fire, flood, pandemic or epidemic, governmental action, labor shortage or strike, or supply chain or material/equipment unavailability. Affected deadlines will be extended by a reasonable period.

23) NOTICES

Written notices under these Terms must be sent to Firefly at the business address or email address stated on the applicable Estimate, and to Client at the mailing address, email, or phone number Client provided at signup. Notices are deemed given when sent by email (absent a delivery failure) or upon deposit in the mail.

24) ASSIGNMENT

Firefly may assign this Agreement or any amounts owed under it, including to a collections agency, factoring company, or a successor in a sale of Firefly’s business, without Client’s consent. Client may not assign this Agreement without Firefly’s prior written consent.

25) SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

26) ENTIRE AGREEMENT

The accepted Estimate, together with these Terms, constitutes the entire agreement between Client and Firefly and supersedes prior discussions. These Terms may be amended only in writing, or through the same acceptance methods described above, signed or approved by both parties.