TERMS AND CONDITIONS OF SERVICE

1. DEFINITIONS

• "Company" means Micro Clean Restoration, LLC.
• "Company Parties" means Company and its owners, officers, members, managers, employees, agents, subcontractors, consultants, affiliated entities, and authorized representatives, individually and collectively.
• "Client" means the individual or authorized representative who authorizes, schedules, funds, or engages Services.
• "Services" means all work performed by Company Parties, including inspections, environmental evaluations, remediation, mitigation, restoration, odor treatment, HVAC services, encapsulation, environmental testing, demolition, haul-away, and related work.
• "Authorization" means any act of acceptance as defined in Section 2.
• "Project" means the full scope of Services authorized under any estimate, proposal, or work order.
• "Scheduling Commitment" means any act by Company to allocate labor, crews, subcontractors, equipment, materials, or administrative resources toward a Project.

1A. INTELLECTUAL PROPERTY AND DOCUMENT OWNERSHIP

2. ACCEPTANCE OF TERMS

Each of the following constitutes full binding acceptance of these Terms, whether or not a physical signature is obtained: payment of any deposit or invoice; scheduling confirmation; digital, electronic, text, email, or verbal authorization; requesting any Services; or allowing work to commence. Client acknowledges having had the opportunity to review these Terms prior to Authorization.

3. AVAILABILITY AND NOTICE OF TERMS

These Terms are made available through proposals, estimates, invoices, digital portals, Company website, scheduling systems, and electronic communications. Failure to review does not negate acceptance. Company may update these Terms periodically; the version in effect at Authorization governs.

4. EMERGENCY SERVICES AND TIME-SENSITIVE CONDITIONS

Company provides emergency services involving conditions that may rapidly worsen if not promptly addressed, including moisture intrusion, microbial contamination, sewage, environmental contamination, odor, airborne particulates, and indoor environmental quality concerns. Client authorizes Company to immediately allocate resources upon Authorization. Company Parties are not liable for conditions that worsen due to Client-caused delays, refusals to authorize recommended scope, or failure to provide timely access.

5. SCHEDULING, LABOR ALLOCATION, AND PRODUCTION COMMITMENTS

Upon Scheduling Commitment, Company may immediately and irrevocably allocate labor, subcontractors, equipment, materials, scheduling blocks, and administrative resources. These allocations may become immediately non-recoverable. Company is not obligated to release reserved resources without full compensation for all non-recoverable costs.

6. DEPOSITS, NON-REFUNDABLE COSTS, AND PAYMENT TERMS

7. CANCELLATION, MODIFICATION, AND SCOPE REDUCTION

Any cancellation, postponement, scope reduction, restructuring, or rescheduling after Scheduling Commitment may result in full or partial forfeiture of all deposits. Client acknowledges that scope changes after Scheduling Commitment create irrecoverable losses. Company retains all or any portion of deposits to offset non-recoverable expenses caused by Client's changes, regardless of Client's stated reason.

8. PRODUCTION DELAYS AND SCHEDULING IMPACTS

Production schedules may be impacted by weather, subcontractor availability, hidden conditions, material delays, hazardous conditions, utility interruptions, or conditions outside Company's reasonable control. Company is not responsible for such delays. Time estimates are good-faith projections only.

9. SUBCONTRACTORS AND THIRD-PARTY PROVIDERS

Company may utilize subcontractors, specialty vendors, environmental professionals, laboratories, and third-party providers. Company Parties are not personally liable for acts or omissions of independent subcontractors.

10. INSURANCE AND FINANCING DISCLAIMER

Company does not guarantee insurance coverage, reimbursement, claim approval, or financing approval. Client remains fully responsible for all charges regardless of insurance outcome, financing denial, partial approval, or denied coverage.

11. ASSIGNMENT OF BENEFITS AND INSURANCE PROCEEDS

Insurance proceeds received for Company's Services shall be applied toward outstanding balances. Client authorizes insurance carriers to communicate directly with Company. Client shall not divert or distribute insurance proceeds without first satisfying all outstanding balances owed to Company.

12. MITIGATION VS. REMEDIATION AND ALLERGEN DISCLAIMER

Company specifically designates services relating to allergy cleaning and radon as "mitigation" (designed to reduce levels where possible). Conversely, services relating to mold are designated as "remediation" (designed to remove, treat, and correct visible conditions). Environmental reduction and mitigation procedures are designed to help reduce accessible contamination, airborne particulates, odor compounds, and allergen-associated materials. No environmental process can guarantee complete removal of all microscopic particulates, contamination residues, odor molecules, or allergenic proteins. Company Parties make no warranties regarding treatment outcomes beyond what is specifically stated in writing in the applicable proposal.

13. HYPERSENSITIVITY AND MEDICAL LIMITATION DISCLAIMER

Hypersensitive individuals — including children, those with asthma, immune sensitivities, or environmental intolerances — may continue reacting to small residual particulates following treatment. Company does not guarantee medical improvement, symptom elimination, allergen elimination, or medically safe conditions. Company Parties are not liable for any medical outcomes or hypersensitivity responses following Services.

14. NO ENVIRONMENTAL CERTIFICATION

Unless stated in a separate written certification signed by an authorized Company officer, Company does not certify any property as allergen-free, mold-free, medically safe, or environmentally sterile. Marketing materials and verbal descriptions do not constitute certifications.

15. MOLD REMEDIATION LIMITATIONS

Mold remediation addresses visible conditions and accessible materials present at the time of service. Company does not guarantee future mold prevention or recurrence-free results. Mold may return if moisture conditions, HVAC deficiencies, or humidity conditions persist. Client is responsible for addressing underlying moisture sources outside the approved scope.

16. LIMITED REMEDIATION ELECTION

If Client declines any recommended procedures, Client acknowledges that contamination, odors, or particulates may remain and future remediation may be necessary. Client releases Company Parties from all claims associated with conditions outside the approved scope, including conditions arising from Client's election to limit recommended procedures.

17. ODOR AND OXIDATION-BASED TREATMENT DISCLAIMER

Environmental treatment and odor-neutralization procedures may involve temporary odors, airborne particulates, and environmental sensitivity responses. Client agrees to follow all preparation, occupancy restriction, ventilation, and re-entry instructions. Non-compliance releases Company Parties from all resulting claims.

18. HVAC AND AIRBORNE PARTICULATE DISCLAIMER

HVAC systems, air movement, occupant activity, and environmental conditions may continue redistributing residual particulates or contamination residues from inaccessible materials outside the approved treatment scope. Company does not guarantee complete particulate removal or future indoor environmental conditions.

19. ENVIRONMENTAL TESTING AND LABORATORY SERVICES

Environmental testing services are non-refundable once samples are collected, equipment is deployed, or laboratory processing begins. Laboratory turnaround times are estimates only. Company is not responsible for delays caused by laboratory scheduling or third-party processing.

20. RADON TESTING AND MITIGATION DISCLAIMER

Radon levels fluctuate naturally; testing reflects conditions only during the testing period. Radon mitigation systems are designed to help reduce radon levels but do not guarantee complete elimination or future compliance with any specific threshold.

21. WATER TESTING DISCLAIMER

Water testing results reflect conditions at the time of sampling only and do not guarantee future water quality.

22. CRAWLSPACE ENCAPSULATION AND VAPOR BARRIER DISCLAIMER

Encapsulation systems and vapor barriers assist with moisture management but do not guarantee elimination of humidity, moisture intrusion, mold recurrence, or pest conditions. Ongoing maintenance and monitoring by Client are required.

23. STRUCTURAL CONDITIONS DISCLAIMER

Company does not provide engineering services, structural certifications, or structural guarantees unless specifically agreed in a separate written instrument signed by a licensed engineer and an authorized Company officer. Visual observations do not constitute engineering opinions.

24. HAZARDOUS MATERIALS EXCLUSION

Unless specifically agreed in writing, Services exclude asbestos, lead-containing materials, hazardous waste, regulated materials, chemical contamination, biohazards, and other regulated hazardous materials. If such materials are discovered, Company may suspend Services and require Client to engage licensed specialists before resuming.

25. HIDDEN AND CONCEALED CONDITIONS

Hidden contamination, moisture, structural conditions, or hazardous materials may be discovered during work and may require additional charges or revised scopes. Company is not liable for concealed or undiscoverable conditions. Revised estimates for hidden conditions require Client re-authorization before proceeding.

26. CLIENT ACCESS, UTILITIES, AND SITE CONDITIONS

Client agrees to provide access to electricity, water, HVAC systems, work areas, drainage, and ventilation throughout the Project. Additional charges may apply for unsafe, obstructed, or hazardous site conditions. Company is not liable for delays resulting from Client's failure to provide adequate access or utilities.

27. EQUIPMENT PROTECTION AND NON-INTERFERENCE

Client agrees not to move, disconnect, alter, or tamper with any Company equipment. Client is responsible for costs and delays caused by unauthorized interference. Company Parties are not liable for treatment failures resulting from Client's equipment interference.

28. OCCUPANCY, RE-ENTRY, AND RESTRICTED WORK AREAS

No unauthorized individuals may enter active work areas, treatment zones, or containment areas without Company's written authorization. Client agrees to follow all re-entry instructions. Company Parties are not liable for injuries, health conditions, or property damage from unauthorized entry.

29. CONTENTS LIMITATIONS AND UNTREATED MATERIALS DISCLAIMER

Untreated contents, furnishings, porous materials, or inaccessible items may continue harboring contamination, particulates, or odors. Company is not responsible for conditions from untreated materials outside the approved scope. Client assumes all associated risk.

30. PET DAMAGE AND ODOR TREATMENT DISCLAIMER

Pet-related contamination may require removal of porous materials, subfloor treatment, sealing, and sanitation. If recommended procedures are declined, residual odor or contamination may remain. Company is not liable for incomplete results from Client-limited scope.

31. POST-TREATMENT ENVIRONMENTAL CONDITIONS

Environmental conditions may change following occupancy, furnishing installation, HVAC operation, humidity changes, or future environmental exposure. Company is not responsible for future environmental conditions occurring after Project completion.

32. NO MEDICAL ADVICE

Company does not provide medical advice, diagnosis, medical clearance, or healthcare recommendations. Clients with medical concerns should consult qualified licensed medical professionals. Nothing communicated during Services constitutes medical advice.

33. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY PARTIES FOR ANY CLAIM ARISING FROM SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

Company Parties are not liable for indirect, consequential, incidental, or punitive damages; emotional distress; business interruption; relocation costs; diminished property value; secondary damages; or future environmental conditions. This limitation applies regardless of legal theory, including negligence, breach of contract, warranty, or strict liability.

34. MANDATORY OPPORTUNITY TO REPAIR AND CURE — CONDITION PRECEDENT

IMPORTANT: Client MUST provide Company written notice and a minimum 15-business-day opportunity to inspect and repair before taking any other action. Failure bars all related claims.

35. PHOTO, VIDEO, AND DOCUMENTATION AUTHORIZATION

Company is authorized to photograph, video, and document all property conditions before, during, and after Services. Company's photographs, field notes, moisture readings, equipment logs, and project records constitute prima facie evidence of conditions at the time of service and are admissible in any arbitration or legal proceeding. Client waives authentication objections. Client agrees not to destroy, alter, or conceal any conditions relevant to a claim or dispute.

36. FORCE MAJEURE

Company is not liable for delays or failures caused by: acts of God; pandemics or public health emergencies; supply chain or material shortages; labor shortages; government orders or permit delays; utility failures; civil unrest; or hazardous on-site conditions requiring suspension. Company's obligations are suspended for the duration. If a force majeure event persists over 60 days, either party may terminate and Company retains all deposits for non-recoverable costs.

37. MECHANIC’S LIEN RIGHTS

Company and its subcontractors hold mechanic's and materialman's lien rights under Georgia law for all unpaid Services, materials, and labor. Company may file a lien for outstanding balances including principal, interest, attorney fees, and collection costs. Subcontractors may independently exercise their own lien rights. Client agrees not to sell, refinance, or transfer the property while any balance owed to Company remains outstanding without first satisfying all amounts and obtaining written lien release from Company.

38. CLIENT REPRESENTATIONS AND WARRANTIES

Client represents and warrants: (a) Client is the property owner or has full legal authority to authorize Services; (b) Client has disclosed all known hazardous materials and conditions; (c) all required third-party consents have been obtained; (d) all information provided is accurate and complete; (e) all pending litigation, insurance claims, or regulatory proceedings related to the property have been disclosed. Misrepresentation voids all protections in Client's favor, shifts full liability to Client, and entitles Company to recover all additional costs and attorney fees.

39. COMPANY RECORDS AS EVIDENCE

Company's business records constitute prima facie evidence of pre-existing conditions, Services performed, post-completion conditions, and Client communications. Client waives authentication challenges to Company's records in any arbitration or legal proceeding. Company records reflect conditions as documented; subsequent changes are Client's responsibility.

40. THIRD-PARTY BENEFICIARY EXCLUSION

These Terms create no rights for any third party, including tenants, subsequent buyers, neighbors, lenders, HOAs, or property management companies. No third party may bring claims under these Terms, and Company owes no contractual duty to any non-party.

41. CONFIDENTIALITY

Client shall keep confidential Company's pricing, methodologies, treatment protocols, proprietary processes, equipment, and subcontractor relationships. Client shall not share this information with competitors or the public without prior written consent, except as required by law. Before making any public statement regarding a dispute, Client must comply with Section 34. Premature public disclosure may cause irreparable harm entitling Company to seek injunctive relief.

42. ARBITRATION AND DISPUTE RESOLUTION

Step 1: Client must first comply with Section 34. Step 2: Good-faith negotiation for 30 days after the cure period expires. Step 3: Binding arbitration administered by the American Arbitration Association (AAA) under Commercial Arbitration Rules, seated in Georgia. The prevailing party recovers all attorney fees, filing fees, and costs. Client waives all class action rights. All claims must be brought individually.

43. INDEMNIFICATION

Client agrees to fully indemnify, defend, and hold harmless Company Parties from all claims, losses, and expenses (including attorney fees) arising from: pre-existing property conditions; environmental exposure prior to Services; hidden or undiscoverable conditions; undisclosed hazardous materials; Client misrepresentations; occupant sensitivities; unauthorized entry into work areas; failure to follow instructions; election to limit or decline recommended scope; failure to comply with Section 34; post-completion conditions from Client's actions; third-party claims from Client's representations; and conditions outside Company's control.

44. COMPANY PERSONNEL PROTECTION

All protections, liability limitations, disclaimers, and indemnifications extend to all Company Parties individually. No individual owner, officer, employee, or agent of Company bears personal liability beyond what is expressly provided herein. All claims must be brought solely against Micro Clean Restoration, LLC. as an entity.

45. GOVERNING LAW AND VENUE

These Terms are governed by Georgia law without regard to conflict of law provisions. Non-arbitrable matters shall be litigated exclusively in state or federal courts in Georgia.

46. SEVERABILITY

If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to be enforceable. All remaining provisions continue in full force. Invalidity of one provision does not affect the enforceability of any other.

47. ENTIRE AGREEMENT

These Terms, together with any applicable proposal, estimate, or work order, constitute the entire agreement between the parties and supersede all prior representations, communications, and agreements. No modification is binding unless in writing signed by an authorized Company officer.

48. CREDIT CARD SURCHARGE

A non-refundable 3% surcharge applies to all credit card payments to offset processing fees. Client may avoid this surcharge by paying via cash, check, or ACH transfer.

49. INTEREST ON OVERDUE BALANCES

Balances unpaid after 30 days from invoice date accrue interest at the maximum rate permitted by Georgia law. Interest accrues automatically without further notice. Partial payments apply first to accrued interest, then collection costs, then oldest principal. Client's interest obligation is not affected by insurance disputes, financing delays, or third-party coverage issues.

50. EQUIPMENT RENTAL TERMS

Equipment rental terms: two-day minimum per unit regardless of early completion or removal; any 6-hour period beginning at midnight constitutes a full day; under 6 hours constitutes a half-day; rental begins when Client takes possession or equipment is deployed, whichever occurs first. Client-directed early removal triggers the full minimum rental and waives all claims related to incomplete results. Client is responsible for all equipment loss, theft, or damage during the rental period.

51. WATER MITIGATION SCOPE ELECTION AND MOLD PROTOCOL WAIVER

52. INSURANCE PROCEEDS — FIDUCIARY DUTY AND ANTI-DIVERSION

All insurance proceeds received by Client for Company's Services are held in trust exclusively for Company's benefit until all amounts owed are paid. Client must: forward all insurance proceeds to Company within 24 hours of receipt; not divert, spend, or assign proceeds before Company is paid in full; immediately notify Company upon receipt; and provide copies of all payment documentation upon request. Diversion constitutes breach of fiduciary duty and may constitute conversion under Georgia law. Company may recover all attorney fees and collection costs to enforce this provision.

53. INSTALLATION DEFECT NOTICE — THREE-DAY ACCEPTANCE WINDOW

Client must notify Company in writing of any defect or deficiency within 3 calendar days of completion or first access to completed work. After 3 days: all work is deemed accepted as delivered; subsequent changes are new work at Company's then-current rates; and Company's corrective obligations are limited to defects properly noticed within the window. This does not limit applicable manufacturer warranty claims submitted through proper channels.

54. ANTI-SPOLIATION — PRESERVATION OF EVIDENCE

From the moment Client becomes aware of any alleged deficiency, Client must preserve all physical evidence, documentation, photographs, and conditions. Client may not: destroy, alter, repair, or remediate alleged conditions before Company's Section 34 inspection; allow third parties to disturb conditions during the cure period; or delete relevant communications. Spoliation creates a rebuttable presumption in any proceeding that the evidence was unfavorable to Client. Client is liable for all additional costs resulting from spoliation.

55. WAIVER OF THREE-DAY CANCELLATION RIGHT FOR EMERGENCY SERVICES

Client knowingly waives the three-day cancellation right under Georgia's Unfair Trade Practices and Consumer Protection Law for emergency and immediately commenced services because: the services address a bona fide emergency; Client has expressly requested immediate commencement; and delay would cause additional irreversible harm. Standard cancellation terms per Sections 6 and 7 apply to non-emergency scheduled services.

56. DEDUCTIBLE AS MINIMUM CLIENT PAYMENT OBLIGATION

The insurance deductible is a minimum payment obligation due to Company directly, prior to or upon commencement of Services. It is non-refundable once Services commence, does not cap Client's total obligation, and is a partial payment only. Client may not represent that deductible payment constitutes full satisfaction. Joint insurance checks must be endorsed and delivered to Company within 24 hours of receipt.

57. SOCIAL MEDIA, PUBLIC STATEMENTS, AND REPUTATIONAL HARM

Before posting any public review, social media content, or media communication regarding an alleged deficiency, Client must: comply fully with Section 34; allow the full cure period to expire; and limit statements to factually accurate and verifiable information. Posting during an active cure period may constitute tortious interference. Company may seek injunctive relief without bond for false or premature statements. Client is liable for all damages and attorney fees from false or premature public statements.

58. RECOVERABLE DEPRECIATION — FORWARDING OBLIGATION

When an insurer withholds and later releases recoverable depreciation for Company's Services, Client must: notify Company immediately upon receipt; forward all such funds to Company within 24 hours; not divert or spend those funds before Company is paid; and not assign such funds to any third party with outstanding Company balances remaining. Recoverable depreciation is payment for work already performed, not Client's discretionary income. Failure to forward constitutes breach of fiduciary duty and may constitute conversion under Georgia law.

59. BUILD-BACK AND RESTORATION WORK — SEPARATE AUTHORIZATION AND PAYMENT

60. APPROVED PAYMENT METHODS

Company accepts: check payable to Micro Clean Restoration, LLC.; direct deposit or ACH to Company's designated account; credit card (subject to the 3% surcharge per Section 48); cash (receipt provided); and insurance carrier checks. Company does not accept third-party payment apps (Venmo, Zelle, Cash App, PayPal) unless specifically authorized in writing for a specific transaction. Payments to unauthorized individuals or via unauthorized methods do not satisfy Client's obligation. Unauthorized chargebacks constitute breach, entitling Company to the reversed amount plus all fees and attorney costs.

61. NON-RECOMMENDED PACKAGE ELECTION AND MID-PROJECT SCOPE ESCALATION

62. RE-MOBILIZATION FEES

A re-mobilization fee applies whenever Company must return, restart, or recommence work following: Client-requested suspension; scope reduction then expansion; access denial; failed progress payment; or any Client-caused interruption. Re-mobilization fees are in addition to all other charges. Company is not obligated to recommence until all outstanding balances and re-mobilization fees are paid. The fee will be communicated before recommencement.

63. SCOPE CHANGE ORDER REQUIREMENT

All scope modifications require a signed written change order before Company is obligated to perform. Verbal, text, or email requests do not constitute binding change orders. Change orders may affect pricing, timeline, equipment requirements, and may trigger re-mobilization fees per Section 62. Company may decline any scope change request without breach.

64. CLIENT-CAUSED DELAY CHARGES

Company may charge a daily standby or delay fee for each day a project cannot proceed due to: failure to provide access or utilities; unpaid progress payments; missing authorizations or decisions; Client-requested holds; or third-party delays caused by Client. Delay charges are in addition to all other amounts owed. Company will notify Client of the applicable daily rate before charges accrue. After 5 business days of unresolved Client-caused delay, Company may cancel and retain all deposits per Section 6.

65. WARRANTY VOID UPON UNAUTHORIZED THIRD-PARTY WORK

All workmanship representations are immediately voided if: Client or any third party performs remediation, restoration, or treatment work on the property during the active project without Company's prior written authorization; or any party disturbs, removes, or modifies materials treated or installed by Company. If third-party work is necessary during Company's project, Client must obtain Company's written approval first. Unauthorized work does not entitle Client to any refund or credit.

66. PROGRESSIVE DAMAGE ACKNOWLEDGMENT

Environmental damage is inherently progressive. Water spreads laterally within hours; microbial growth begins within 24–48 hours under favorable conditions; humidity damage accelerates above 55% RH; and uncontained contamination spreads to HVAC systems and adjacent areas. Cost increases from worsening conditions during Client-caused delays, lesser-scope periods, or scope escalation gaps are entirely Client's responsibility. Client waives all rights to dispute charges attributable to progressive worsening during such periods. Company's field assessments are prima facie evidence of damage progression.

67. HAZARDOUS, REGULATED, AND EMERGING SUBSTANCES — ALL AREAS OF PROPERTY

68. HVAC SYSTEMS, DUCTWORK, AND CONFINED SPACE SERVICES