Terms and conditions

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/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

• Client: the property owner or authorized agent accepting the Estimate.
  • Estimate: Firefly’s written scope/pricing document (proposal, quote, service order, or invoice used as an authorization).
  • 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 with minor field adjustments required for quality/safety without formal change order.
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.
   
3. Firefly may withhold programming, final aiming, final tuning, or final punch-list completion until balance is paid.
   
4. Late balances may accrue fees of 1.5% per month (18% APR) or the maximum allowed by law, whichever is lower.
   
5. Client agrees to pay all collection costs, including reasonable attorney fees and court costs where permitted.
   
6. Client waives any objection to venue in Fulton County, Georgia.

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/site readiness, a trip/crew charge may apply.

7) UTILITIES, DIGGING, AND SITE CONDITIONS

1. Firefly will take reasonable precautions when trenching/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.
   
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/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.
   
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.

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.
   
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 warranties workmanship for [12] months from completion unless otherwise stated.
   
2. Manufacturer Warranty: Fixtures/equipment are covered by applicable manufacturer warranties.
   
3. Warranty Exclusions: Firefly’s warranties do not cover: lightning/surge/flood/storm/acts of God; accidental damage/misuse/abuse/tampering/vandalism; pet/animal/pest damage; corrosion/chemical exposure/pool environments/salt air; normal wear and finish aging; third-party work/repairs or Client modifications; soil movement/erosion/root growth or landscape changes.
   
4. 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) 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).

16) 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.

17) 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.

18) DISPUTES; RIGHT TO CURE

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

19) 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) shall be governed by the laws of the State of Georgia, without regard to conflict of law rules.
Venue and exclusive jurisdiction for any legal action shall be the state or federal courts located in Fulton County, Georgia, and Client irrevocably consents to personal jurisdiction in those courts.

20) ENTIRE AGREEMENT

The accepted Estimate, together with these Terms, constitutes the entire agreement between Client and Firefly and supersedes prior discussions.