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PRIVACY POLICY

SMS Messaging

This SMS Messaging Privacy Policy explains how ATW Gutter Protection and Roofing (“we,” “us,” or “our”) collects, uses, and protects your information when you opt in to receive SMS (text) messages from us.

1. Information We Collect

  • When you opt in to receive SMS messages, we may collect:
  • Your mobile phone number
  • Your name (if provided)
  • Messaging interaction data (e.g., timestamps, delivery status, responses)
  • We do not collect any sensitive personal information through SMS.

2. How We Use Your Information

We use your mobile number to:
  • Send appointment reminders, service updates, and project notifications
  • Provide quotes or project-related communication
  • Respond to questions or customer support requests
  • Send promotional or marketing messages only if you have opted in
  • We will never sell or share your phone number with third parties for their own marketing purposes

3. SMS Message Frequency

Message frequency may vary based on your interactions with us, including:
  • Scheduling or confirming services
  • Updates on inspections, repairs, installations, or weather-related delays
  • Occasional promotional messages (if you opted in)
  • Message and data rates may apply depending on your mobile carrier.

4. Opt-Out Instructions

You can opt out of SMS messaging at any time by replying:
  • STOP to end all SMS communications
  • HELP for assistance or more information
  • After opting out, you will no longer receive text messages from us unless you opt in again

5. Data Protection & Security

We take reasonable technical and organizational measures to protect your personal information, including:
  • Secure storage of phone numbers
  • Restricted access to customer data
  • Use of reputable SMS service providers
However, no method of transmission is 100% secure, and we cannot guarantee absolute security.

6. Information Sharing

  • We may share your phone number with trusted service providers who help us deliver SMS messages. These providers are required to keep your information confidential and are prohibited from using it for any purpose other than delivering messages on our behalf.
  • We do not sell, rent, or disclose your personal information to unrelated third parties.

7. Eligibility

By opting in to receive SMS messages, you confirm that:
  • You are the owner or authorized user of the mobile phone number provided
  • You are at least 18 years old (or have the consent of a parent/guardian)

8. Changes to This Policy

We may update this policy from time to time. Any changes will be posted with an updated “Last Updated” date at the bottom of the policy.

9. Contact Us

If you have questions about this SMS Privacy Policy or need assistance, contact us at:
  • All The Way Gutter Protection (DBAs: ATW Gutter Protection and Roofing; ATW Gutters and Roofing) Phone: 704.984.2802 Email: [email protected] Address: 120 S Beverly Drive, Locust NC 28097

TERMS & CONDITIONS

COMPANY: All the Way Gutter Protection Inc

1) Scope of Work:

On the CUSTOMER’S behalf, the COMPANY agrees to seek approval from the CUSTOMER’S insurance company, in all insurance claims, for the repair and/or replacement of the CUSTOMER’S project to which they are contracted with the COMPANY to complete. The CUSTOMER understands that the COMPANY’S inspection of their structure(s) may reveal hidden problems and that correction of these hidden problems may require additional work be done at an additional cost to the CUSTOMER. Any additional work identified shall be performed only upon execution of a written Change Order as described in Section 8 below.

2) Insurance Approval:

If the work to be performed is not approved by the CUSTOMER’S insurance carrier, the CUSTOMER may cancel the contract with no further obligation to the COMPANY. If the COMPANY is unable to perform the work for the amount the CUSTOMER insurance company agrees to pay plus the amount of the CUSTOMER’S insurance deductible, the COMPANY has no further obligation under the CONTRACT. The CUSTOMER agrees to cooperate fully with the COMPANY and their insurance carrier in all inspections, documentation, and communications necessary to process the insurance claim.

3) Payment:

a) Insurance: The CUSTOMER agrees to pay the COMPANY 100% of the insurance proceeds paid by the CUSTOMER’S insurance carrier. The CUSTOMER is responsible for payment of any deductible due under the terms of their insurance policy. If the CUSTOMER chooses to pay the COMPANY by credit card, 3% fee will be assessed on the total contract price. The CUSTOMER agrees to pay the COMPANY on the following terms: i) Initial Payment: The CUSTOMER will pay a 30% non-refundable deposit of the full payment amount listed on this contract by the CUSTOMER before project work will commence, for all custom siding and metal roof installations or any type of project over $20,000. Only 15% non refundable deposit required for non-custom roofing, siding, and less than $20,000 project installations. Work will commence when CUSTOMER pays the COMPANY the first insurance installment received by CUSTOMER plus full amount of the deductible required for the CUSTOMER by the CUSTOMER’S insurance company. All additional costs, included but not limited to, upgrades agreed upon on this contract or contract addendums, additional materials needed for rot/damage that arise during project installation/repair, MUST be paid upon project completion as well. Certificate of Completion document will be submitted by the COMPANY to the CUSTOMER and the CUSTOMER’s insurance company, once the before mentioned Initial Payments have all been satisfied. ii) Final Payment: Due upon arrival of the remaining payment portion from the CUSTOMER’S insurance company. If final payment isn’t paid once insurance releases additional payments, a late fee of 3% will start accruing on CUSTOMER’S unpaid balance 30 days after the date the CUSTOMER’s insurance company releases the final payment(s). If CUSTOMER’s mortgage company is required to sign the check of final payment(s) sent by the CUSTOMER’s insurance company, an additional 14 days will be allotted for this process to be completed (totaling 44 days after the date the CUSTOMER’s insurance company releases the final payment(s). iii) Late Payment: If CUSTOMER fails to pay the COMPANY promptly upon completion of the project, a late fee of 3% per month on the unpaid balance shall be assessed. Amount due promptly upon completion is the total project amount minus the CUSTOMER’s final insurance payment, which the CUSTOMER’s insurance company still needs to release once the project has been completed by the COMPANY. A $150 administrative fee will be added to the CUSTOMER’S contract amount if a return trip is required solely for the purpose of collecting payment after project completion. b) Non-Insurance: The CUSTOMER agrees to pay the COMPANY on the following terms: i) Initial Payment: The CUSTOMER will pay a 30% non-refundable deposit of the full payment amount listed on this contract by the CUSTOMER before project work will commence, for all custom siding and metal roof installations or any type of project over $20,000. Only 15% non refundable deposit required for non-custom roofing, siding, and less than $20,000 project installations. ii) Final Payment: Due promptly upon completion of work. iii) Late Payment: If CUSTOMER fails to pay the COMPANY promptly upon completion of the project, a late fee of 3% per month on the unpaid balance shall be assessed and a $150 will be added to the CUSTOMER’S contract amount as a return trip charge to collect payment. iv) Distance Owners: In cases where property owners are not able to be at property during projection installation, a 50% deposit is required by the CUSTOMER before project installation will commence. c) Non-Insurance/Insurance Projects: If the CUSTOMER chooses to pay the COMPANY by credit card, an additional 3% fee will be assessed on the total contract price. d) Financing Payments: The CUSTOMER will sign the Project Deposit Payment Agreement document stating 30% of the full payment amount listed on this contract by the CUSTOMER will be paid if CUSTOMER cancels project or financing, for all custom siding and metal roof installations or any type of project over $20,000.

4) Limited Warranty:

a) The COMPANY guarantees their roof workmanship for three (3) years on 3Tab composition shingles; five (5) years on mid-grade architectural composition shingles; seven (7) years on premium architectural composition shingles installations. There are additional warranties available for purchase. The COMPANY guarantees their metal roofing workmanship for five (5) years on screw down metal; seven (7) years on standing seam metal. The COMPANY guarantees their siding workmanship for five (5) years on vinyl siding; seven (7) years on fiber cement (Hardie Board) siding. The COMPANY guarantees their gutter workmanship for one (1) year on gutters and gutter guard installations. b) The COMPANY gives no express, limited, or implied warranty for any materials used; and the CUSTOMER understands that they will be responsible for pursuing any warranty claim for materials used in the project with the manufacturer of those materials. The COMPANY is not responsible for any damage on or below the roof, gutters or siding caused by wind, rain, ice, hail or other weather related acts during the limited warranty period. Nothing in this Limited Warranty shall increase or extend the COMPANY’S total liability beyond the limits set forth in Section 13 of this Agreement.

5) Insurance:

The COMPANY, or the Company’s sub-contractor, agrees to maintain worker’s compensation liability insurance in compliance with the laws of North Carolina. The COMPANY agrees to maintain general commercial liability insurance coverage of at least $1,000,000.00 per occurrence and $2,000,000.00 aggregate throughout the project and agrees to furnish to the CUSTOMER a Certificate of Insurance upon request at any time prior to or during the project.

6) Default, Cancellation, and Remedies.

a) The CUSTOMER may cancel this Agreement without penalty within three (3) business days after the date this contract is signed. To cancel within this rescission period, the CUSTOMER must mail or deliver written notice to: ATW Gutter Protection Inc., 120 S. Beverly Drive, Locust, North Carolina 28097, postmarked no later than the third business day following the date of signing. Any deposit paid shall be returned if cancellation occurs within this period. b) After the expiration of the three-day rescission period, the following shall apply: i) Customer Default: The CUSTOMER shall be in default if they: (1) Fail to make any payment when due; (2) Fail to provide access or information necessary for the COMPANY to perform the work; (3) Fail to cooperate with the COMPANY in submitting or processing insurance documentation, project estimates, or communications with the CUSTOMER’S insurance carrier; (4) Cancel this Agreement after the rescission period; or (5) Otherwise breach any obligation under this Agreement. ii) Company Rights and Remedies: Upon CUSTOMER default, and without prejudice to any other rights or remedies available at law or in equity, the COMPANY may: (1) Suspend all work until the default is cured; (2) Retain any deposits or payments made and recover all unpaid balances and costs for work performed and materials ordered; (3) Recover liquidated damages, late fees, and finance charges as provided elsewhere in this Agreement; (4) Recover attorney’s fees, court costs, and collection expenses incurred in enforcing this Agreement; and (5) File a claim of lien on the property pursuant to N.C. Gen. Stat. §44A; iii) Insurance-Related Work: The CUSTOMER acknowledges that where the COMPANY performs inspection, documentation, or negotiation on behalf of the CUSTOMER with the CUSTOMER’S insurance carrier, such services involve substantial administrative and professional time. If the CUSTOMER cancels or defaults after the rescission period, the CUSTOMER shall pay the COMPANY: (1) All reasonable costs incurred for inspection of the property structure(s); (2) Costs associated with contacting the CUSTOMER’S insurance carrier and preparing project estimates or related documentation; and (3) Any applicable liquidated damages as described in Section 18 of this Agreement. c) Waiver: Any delay or failure by the COMPANY to exercise its rights upon CUSTOMER default shall not operate as a waiver of those rights, and the COMPANY may exercise them at any time thereafter. d) Cumulative Remedies: All rights and remedies of the COMPANY under this Agreement are cumulative and may be exercised singly, concurrently, or successively at the COMPANY’s sole discretion. The exercise of any one remedy shall not preclude the exercise of any other remedy, whether provided in this Agreement or available at law or in equity.

7) Insurance Checks:

All payments made to CUSTOMERS by their insurance company must be endorsed and made payable to the COMPANY “ATW Gutters and Roofing” BEFORE the planned installation date.

8) Change Orders / Additional Work.

It is understood and agreed that any additional work not specifically included in this contract, including, but not limited to, structural repairs, rot replacement, decking, or customer-requested upgrades, shall require a written Project Change Orders Agreement signed by both the CUSTOMER and the COMPANY. No additional work shall be performed or materials ordered without such written authorization. All Change Orders must be paid in full by the CUSTOMER upon completion of the additional work.

9) Custom or Special-Order Materials.

It is understood that certain materials used in the CUSTOMER’S project, including but not limited to metal roofing, specialty siding, custom color selections, and other non standard goods, are custom manufactured or specially ordered for the CUSTOMER. Once such materials have been ordered by the COMPANY, the CUSTOMER shall be responsible for the full cost of those materials, regardless of whether the CUSTOMER later cancels or delays the project. The CUSTOMER further acknowledges that manufacturing or shipping delays affecting custom or special-order materials are outside the COMPANY’S control. Any such delay shall not constitute a breach of contract by the COMPANY, and the COMPANY shall be entitled to a reasonable extension of time to complete the work once materials become available.

10) Suspension of Work for Nonpayment.

If the CUSTOMER fails to make any payment when due, the COMPANY may suspend all work until payment is made. Any delay caused by such suspension shall not be considered a breach of contract by the COMPANY. The CUSTOMER shall be responsible for any costs or delays arising from such suspension, including rescheduling fees and storage of materials.

11) Mechanic’s Lien Rights.

The CUSTOMER acknowledges that the COMPANY retains the right to file a claim of lien on real property pursuant to N.C. Gen. Stat. §44A-7 et seq. to secure payment for labor, materials, or services provided under this agreement. Nothing in this contract shall be construed as a waiver of those lien rights.

12) Attorneys’ Fees and Collection Costs.

In the event the COMPANY must retain legal counsel or a collection agency to enforce any term of this contract, the CUSTOMER agrees to pay all reasonable attorney’s fees, court costs, and collection expenses incurred by the COMPANY.

13) Limitation of Liability.

The COMPANY’s total liability to the CUSTOMER for any and all claims, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the CUSTOMER under this contract. The COMPANY shall not be liable for any incidental, consequential, or punitive damages, including, but not limited to, loss of use, loss of value, or loss of profits.

14) Customer Responsibility for Property Access.

The CUSTOMER shall provide the COMPANY with reasonable access to the property for the performance of work, including clear driveways and use of electrical and water service, as necessary. The COMPANY shall not be responsible for any pre-existing conditions or damage to lawns, driveways, landscaping, or other property areas reasonably necessary for project access or material placement.

15) Customer Preparation Obligations and Liability for Noncompliance.

a) Preparation Requirements: Prior to and during installation, the CUSTOMER shall complete all reasonable preparation steps as outlined in the COMPANY’s Homeowner Preparation Guide (“Prep Guide”), which is attached as Exhibit A to this Agreement and incorporated herein by reference. Such steps include, but are not limited to, removal of fragile or breakable items from walls and shelves; clearing outdoor furniture, plants, and hanging items; ensuring driveways and access points are unobstructed; safely securing pets; and protecting pools, landscaping, and other exterior features. b) Acknowledgement of Risk: The CUSTOMER acknowledges that vibrations, movement, and other construction activity may occur during material loading, removal, or installation and may affect walls, ceilings, cabinets, and other areas of the home. The CUSTOMER further acknowledges that certain effects, such as minor cracking or shifting in mobile home ceilings, are normal and do not constitute damage caused by the COMPANY. c) Liability Disclaimer: The COMPANY shall not be responsible for any damage to personal property, interior finishes, landscaping, pools, fences, or other property resulting from the CUSTOMER’s failure to follow the Prep Guide or otherwise prepare the property as required under this section. The CUSTOMER shall hold the COMPANY harmless from and against any loss, claim, or damage arising from such failure. d) Access and Safety: The CUSTOMER must ensure that all gates are unlocked, pets are safely secured, and all persons (including children and guests) remain clear of the active work area during installation. The CUSTOMER acknowledges that the property becomes an active construction site during work and agrees to exercise caution when entering or exiting the home.e) Customer-Caused Delays: Any failure by the CUSTOMER to complete the required preparations or provide access to the worksite shall constitute a Customer Delay as defined in Section 18 (“Liquidated Damages for Cancellation or Customer Delay”) of this Agreement. The COMPANY shall be entitled to all remedies available for such delay, including liquidated damages and schedule adjustments. f) Assumption of Responsibility: The CUSTOMER assumes full responsibility for protecting personal property, vehicles, and landscaping within or near the work area and agrees that the COMPANY is not liable for incidental or consequential damage arising from the CUSTOMER’s noncompliance with this section. g) Customer Acknowledgment: I acknowledge receipt of ATW’s Homeowner Preparation Guide and understand my responsibility to complete all required items prior to installation.

16) Dispute Resolution and Venue.

Any dispute, controversy, or claim arising out of or related to this contract shall be resolved exclusively in the state courts of the County and State in which the work is performed. The parties expressly waive the right to a jury trial. Either party may agree to voluntary mediation prior to filing any court action.

17) Electronic Signatures and Communications.

The CUSTOMER and COMPANY agree that this contract and any related documents may be executed and delivered by electronic signature, and that such electronic signatures shall have the same legal effect as original signatures. Communications by email or text message shall constitute written notice where permitted by this contract.

18) Liquidated Damages for Cancellation or Customer Delay.

It is hereby understood that the COMPANY incurs significant administrative, scheduling, and material preparation costs upon execution of this contract. The parties agree that actual damages resulting from CUSTOMER cancellation or delay are difficult to determine and that the following liquidated damages represent a reasonable pre-estimate of such losses, not a penalty: a) Cancellation: If the CUSTOMER cancels this contract after the expiration of the three-day right of rescission, the CUSTOMER shall pay the COMPANY liquidated damages equal to fifteen percent (15%) of the total contract price or $1,000, whichever is greater, plus the cost of any materials ordered or services performed before cancellation. b) Customer Delay: If the CUSTOMER’s failure to provide timely access, insurance proceeds, or other required information delays the scheduled installation date by more than five (5) business days, the CUSTOMER shall pay the COMPANY $250.00 per day for each day of delay, thereafter, representing lost scheduling, labor, and mobilization costs. This daily delay charge is separate from and in addition to any return trip fee that may apply under the Payment provisions of this Agreement. Payment of liquidated damages shall not preclude the COMPANY from pursuing any other lawful remedies available for unpaid balances or work already performed.

19) Photo Release (Marketing Use).

The CUSTOMER grants the COMPANY permission to photograph or video the property before and after completion of the work and to use such media for marketing or advertising purposes, provided no personally identifying information is disclosed.

20) Miscellaneous Terms:

a) Returned Checks. All returned checks will add a $50 Returned Check Fee, per check returned to the CUSTOMER’s total amount due. b) Entire Agreement: This Agreement, including all attached or incorporated sections and addenda, constitutes the entire understanding between the CUSTOMER and the COMPANY and supersedes any prior negotiations, agreements, and representations and may not be modified except in a writing which is signed by both the CUSTOMER and the COMPANY. c) Force Majeure. The COMPANY shall not be liable for any delay or failure to perform due to weather, material shortages, labor strikes, transportation delays, acts of God, or other causes beyond its reasonable control. Any such event shall extend the completion schedule for a reasonable time as necessary. d) Severability: In the event any provision of this contract is found to be invalid or unenforceable, the validity of enforceability of the other provisions of the contract shall not be affected. Last Updated: 11.21.2025