Terms of Service

1. Acceptance of these terms

These Terms of Service (“Terms”) govern your access to and use of the website at happyfencecompany.com, any related online forms or services, and any quotes, estimates, or installation services provided by Happy Fence Company LLC (“Happy Fence,” “we,” “us,” or “our”). By using the website, requesting a quote, accepting a quote, or otherwise engaging us, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the website or our services.

A separate written installation agreement may apply to any specific project. To the extent the installation agreement and these Terms conflict, the installation agreement controls for that project.

2. About Happy Fence

Happy Fence Company LLC is a Florida limited liability company providing residential fence-installation services in South Florida.

3. Services and service area

We provide quoting, walkthroughs, sales, installation, and related fence-construction services for residential properties. Materials we install include wood, vinyl, aluminum, steel (“Durafence”), and similar fence systems.

Our service area covers Palm Beach, Broward, and Miami-Dade Counties, Florida. We may decline to provide services outside this area, or accept work outside this area at our discretion and on different terms.

4. Eligibility

You must be at least 18 years old and legally capable of forming a binding contract under Florida law to use the website to request a quote or to enter into a services agreement with us. By using the website, you represent that you meet these requirements. If you are requesting service for a property, you represent that you are the property owner or that you have the property owner’s authorization to request and accept the work.

5. Quotes and estimates

Quotes and estimates we provide — whether on the website, by phone, by text message, by email, or during a walkthrough — are non-binding until they are reduced to a written installation agreement signed by you and a Happy Fence representative. Pricing is based on information you provide, conditions visible at the time of the walkthrough, and current material costs. We reserve the right to revise a quote based on conditions discovered during measurement, permitting, excavation, or installation, or based on changes in material costs, scope, or schedule. Quotes are typically valid for 30 days from the date issued unless we state otherwise in writing.

6. Installation contracts

Each installation requires a separate written agreement that describes the scope of work, materials, price, schedule, payment terms, and any project-specific conditions. The installation agreement, together with these Terms and our Privacy Policy, forms the complete contract between you and Happy Fence for that project.

7. Payment terms

Unless your installation agreement states otherwise:

• A deposit of fifty percent (50%) of the total project price is due upon signing the installation agreement and is required before we order materials or schedule installation.
• The remaining balance is due upon completion of the installation.
• We accept the payment methods listed in your installation agreement. Credit-card and processing fees, where applicable, will be disclosed before you incur them.
• Past-due balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Florida law, plus our reasonable costs of collection (including attorneys’ fees) where permitted by law.
• We may suspend or stop work if a payment is past due.

8. Cancellation and refunds

Three-day right to cancel

If you sign an installation agreement at your home or somewhere other than our principal place of business, you have the right to cancel the agreement until midnight of the third business day after the day you sign it. To cancel, deliver written notice of cancellation to Happy Fence at the email or address listed in section 24. If you cancel within this period, we will refund any payment you have made within the time required by applicable law and will not retain any cancellation fee.

Cancellation after the three-day period

After the three-day cancellation period, cancellations are subject to the terms of your installation agreement. Unless your installation agreement states otherwise, if you cancel after the three-day period:

• We will refund any portion of your deposit that exceeds (a) the cost of materials we have already ordered or fabricated for your project plus (b) the cost of any labor, permits, or third-party fees we have already incurred plus (c) a reasonable administrative fee.
• Custom or special-order materials may be non-refundable once ordered.

Cancellation by Happy Fence

We may cancel an installation agreement if conditions discovered during permitting, walkthrough, or excavation make the project impractical, unsafe, code-noncompliant, or commercially unreasonable. In that case, we will refund any portion of your deposit that exceeds our actual costs incurred on the project as of the cancellation date.

9. Workmanship warranty

Subject to the limitations in this section, Happy Fence warrants its workmanship for a period of one (1) year from the date of substantial completion of the installation. During the warranty period, we will repair, at no cost to you, defects in our workmanship that we determine to have caused failure of the installed fence under normal residential use.

Manufacturer warranties

Materials are covered by the manufacturer’s warranty, if any, that comes with the product. Manufacturer warranties pass through to you and are administered by the manufacturer. We are not the warrantor for material defects covered by a manufacturer warranty. We will reasonably assist you in submitting a manufacturer warranty claim during our workmanship warranty period.

Exclusions

The workmanship warranty does not cover:

• Damage caused by hurricanes, tropical storms, named storms, flooding, lightning, or other Acts of God
• Damage caused by accident, vandalism, theft, vehicle impact, animals, fire, or other casualty
• Damage caused by misuse, abuse, neglect, or failure to maintain the fence
• Settling, shifting, erosion, or root growth in soil
• Normal wear, weathering, fading, oxidation, or cosmetic changes characteristic of the material
• Modifications, alterations, repairs, or additions made by anyone other than Happy Fence
• Pre-existing conditions on your property, including underground utilities, irrigation, septic, drainage, or root systems we did not know about
• Items expressly excluded in your installation agreement

Warranty claims

To submit a warranty claim, contact us at office@happyfencecompany.com within the warranty period and describe the issue with photos if possible. We will inspect the issue and, if covered, schedule the repair within a reasonable period.

Disclaimer of other warranties

Except for the express workmanship warranty above and any manufacturer warranties that pass through with the materials, Happy Fence disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by Florida law.

10. Permits, inspections, and code compliance

Most municipalities in our service area require a permit to install a fence. Where we agree to handle the permit on your behalf, we will charge actual permit fees as a pass-through cost. Permitting timelines are controlled by the relevant building department and are not guaranteed by Happy Fence. You are responsible for verifying any HOA or deed-restriction requirements for your property and obtaining any private approvals required.

11. Site access and property conditions

You agree to provide Happy Fence and its crew with safe and reasonable access to the installation site during scheduled work, including reasonable access for vehicles, materials, tools, and equipment. You are responsible for marking or disclosing the location of underground utilities, irrigation lines, septic systems, drains, low-voltage wiring, and other improvements not visible above ground. We will request a public utility locate (Sunshine 811) before excavation, but the public locate does not cover privately installed utilities. We are not liable for damage to undisclosed underground items that a reasonable contractor would not have known about and that were not located before excavation.

12. Customer responsibilities

You agree to:

• Confirm property lines or provide a survey if you require precise placement at the property line
• Disclose all known easements, setbacks, HOA rules, and deed restrictions
• Provide accurate contact information and respond to scheduling and project communications in a timely manner
• Make payments per the schedule in your installation agreement
• Keep pets, children, and other persons away from the active work area
• Notify us promptly of any concern, defect, or change request during the project

13. Limitation of liability

To the maximum extent permitted by Florida law, Happy Fence’s total cumulative liability to you for any and all claims arising out of or relating to a project, the Services, or these Terms is limited to the amount you actually paid Happy Fence for the project giving rise to the claim. In no event will Happy Fence be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost business, lost data, loss of use, or diminution in property value, even if we have been advised of the possibility of those damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limits in this section may not apply to you in full.

Nothing in these Terms limits any liability that cannot be limited under Florida law, including liability for fraud or willful misconduct.

14. Indemnification

You agree to defend, indemnify, and hold harmless Happy Fence, its members, employees, subcontractors, and agents from and against any third-party claims, demands, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of (a) your breach of these Terms or your installation agreement, (b) your violation of any law, (c) your violation of any third-party right (including HOA, neighbor, easement, or property-line rights), or (d) your provision of inaccurate or misleading information about the property, utilities, or scope of work.

15. Force majeure

Happy Fence is not responsible for delays or failures to perform caused by events beyond our reasonable control, including hurricanes, tropical storms, named storms, severe weather, flooding, fire, labor or materials shortages, supply-chain disruptions, transportation failures, government actions, permit-office delays, pandemics, civil unrest, or other Acts of God or force-majeure events. We will use reasonable efforts to reschedule affected work as soon as practical.

16. Use of the website

You agree to use the website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the website in a way that could damage, disable, overburden, or impair it
• Attempt to gain unauthorized access to the website, its servers, or any related systems
• Use any robot, scraper, or other automated means to access the website without our written permission
• Interfere with any other person’s use of the website
• Submit false, misleading, or fraudulent information through any form on the website
• Use the website to harass, threaten, or harm any person

We may suspend or terminate your access to the website at our discretion, with or without notice, for any reason, including suspected violation of these Terms.

17. Intellectual property

The website and its content — including the Happy Fence name, logo, marks, design, copy, photographs, video, and code — are owned by Happy Fence or its licensors and are protected by United States and international intellectual property laws. You may view and print pages of the website for your personal, non-commercial use. You may not reproduce, modify, distribute, publicly display, or create derivative works of any part of the website without our prior written consent, except for fair-use or other uses expressly permitted by law.

18. SMS and call communications

By submitting your phone number through any form on the website or otherwise providing it to Happy Fence, you authorize Happy Fence Company LLC to text and call the number you provided for informational and transactional messages relating to your quote and service, including by automated means. Message frequency varies. Message and data rates may apply. Consent is not a condition of any purchase. Reply HELP for help. Reply STOP to unsubscribe. Full SMS practices are described in our Privacy Policy.

Mobile carriers are not liable for delayed or undelivered messages. Delivery of SMS messages depends on the recipient’s mobile carrier and is not guaranteed. Happy Fence is not responsible for any failure, delay, mis-delivery, or non-delivery of any message caused by the carrier, the recipient’s device or settings, or any other factor outside of our reasonable control, and your wireless carrier and the underlying network operators are not parties to and bear no liability under these Terms in connection with any message you send to or receive from Happy Fence.

19. Third-party links

The website may include links to third-party sites or services. We do not control, endorse, or guarantee the content, products, or services on those sites. Your use of any third-party site is at your own risk and subject to that site’s own terms.

20. Governing law

These Terms and any related installation agreement are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to section 21, the exclusive venue for any dispute that is not subject to arbitration is the state or federal courts located in Palm Beach, Broward, or Miami-Dade County, Florida, and you and Happy Fence each consent to the personal jurisdiction of those courts.

21. Dispute resolution · arbitration · class-action waiver

Informal resolution first

Before filing any claim, you agree to attempt to resolve the dispute informally by sending a written notice to office@happyfencecompany.com describing the nature and basis of the claim and the relief sought. Happy Fence will respond within 30 days. If we do not resolve the claim within 60 days, either of us may proceed to arbitration as described below.

Binding arbitration

Except for claims that qualify for small-claims court and except for claims for injunctive relief to protect intellectual property or to address violations of section 16 (use of the website), any dispute arising out of or relating to these Terms, your installation agreement, or our services will be resolved by final and binding arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) under its applicable consumer rules. The arbitration will be held in Palm Beach, Broward, or Miami-Dade County, Florida, unless the arbitrator determines another location is appropriate. Judgment on the arbitration award may be entered in any court with jurisdiction. The arbitrator will have the authority to award any remedy that would be available in court, subject to the limitations in these Terms.

Class-action waiver

You and Happy Fence each agree that any dispute will be resolved on an individual basis and not as part of a class, collective, mass, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If a court or arbitrator finds the class-action waiver unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in court, while the rest of the dispute remains in arbitration.

Right to opt out of arbitration

You may opt out of the arbitration agreement in this section 21 by sending written notice to office@happyfencecompany.com with the subject line “Arbitration Opt-Out” within 30 days after you first agree to these Terms. Your notice must include your full name, mailing address, email, and phone number. If you opt out, neither party will be required to arbitrate disputes; both parties retain their other rights under these Terms.

22. Severability and entire agreement

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect. These Terms, together with your installation agreement (if any) and our Privacy Policy, constitute the entire agreement between you and Happy Fence regarding the subject matter of these Terms and supersede any prior or contemporaneous agreements on that subject matter.

23. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Material changes will be communicated through the website or, where appropriate, by email or text. Your continued use of the website or services after the effective date of an updated version of these Terms constitutes acceptance of the updated Terms.

24. Contact

For questions about these Terms or any related matter, contact: