Welcome to North Texas Restoration ("NTR"). By utilizing our services, you agree to the following Terms and Conditions ("Terms"), which govern the relationship between NTR and our clients. Please read these Terms carefully, as they outline our responsibilities, services, exclusions, and legal disclaimers. If you do not agree to these Terms, you should not proceed with engaging our services.
1. Scope of Services
NTR specializes in a wide array of services for residential and commercial properties. Our comprehensive offerings include:
- Fire damage cleanup and restoration
- Water damage mitigation and extraction
- Smoke and soot removal
- Structural drying and dehumidification
- Pack-out services (removal and safe storage of contents)
- Pack-in services (return and reinstallation of restored contents)
- Content cleaning and restoration
- Odor control
- Mold, Asbestos, Lead Remediation Services (3rd Party Managed)
- HVAC cleaning related to fire or water damage
- Temporary board-up and roof tarping
- Reconstruction and remodeling services
- Kitchen & Bath Design Services
- 3D Rendering Services
- Assessments, Investigations, Moisture Testing & Mapping, Leak Detection
- Complete rebuilds and new builds
Affiliate Programs and Wholesale Pricing: Through our affiliate programs, NTR offers wholesale pricing on a variety of building materials, including but not limited to:
- Cabinets
- Tile
- Carpet
- Granite
- Quartz
- And mor
We strive to provide clients with quality materials at competitive prices, ensuring value and excellence in every project.
2. Advocacy and Claim Support
North Texas Restoration is a premier advocate for clients dealing with insurance claims. While we cannot guarantee specific outcomes, our proven track record demonstrates our ability to assist clients in achieving favorable results. Our experienced team works closely with clients and their insurance carriers to:
- Document damages thoroughly
- Navigate the complexities of insurance policies and coverage
- Advocate for appropriate and fair settlements
We also provide services for self-pay clients who may not have insurance coverage. For those in need, we offer financing options and flexible payment terms to ensure everyone has access to our high-quality services.
3. Regulatory Compliance
NTR follows industry best practices and standards as outlined by the Institute of Inspection, Cleaning and Restoration Certification (IICRC) and complies with all applicable local, state, and federal laws, policies, and regulations governing fire and water mitigation services. This includes adherence to any environmental or safety guidelines relevant to our work.
4. Mold and Contamination Policy
While NTR accepts clients experiencing mold and contamination issues, we are not a licensed mold remediation company. For mold remediation, we will refer you to a trusted affiliate who is a licensed Mold Remediation Contractor or an Industrial/Environmental Hygienist. NTR can assist with coordination but does not perform mold remediation directly. Our goal is to ensure that all aspects of your project are handled by qualified professionals.
5. Privacy Policy
NTR is committed to protecting your privacy. Our website collects and processes personal data in accordance with applicable privacy laws, including but not limited to the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), and other relevant laws.
Website and Blog Usage:
- When you use our website or subscribe to our blog, we may collect information such as your name, email address, and browsing behavior.
- This information is used to provide updates, improve user experience, and deliver relevant content.
Email and Text Communication:
- By subscribing to our services, you consent to receive emails and text messages from NTR.
- You have the right to opt out of receiving communications at any time by using the "unsubscribe" link in emails or replying "STOP" to text messages.
Data Protection:
- We do not sell or share your personal information with third parties except as required to deliver services or comply with legal obligations.
- All data is securely stored and managed to protect against unauthorized access.
6. Hold Harmless Clause
The client agrees to indemnify and hold harmless North Texas Restoration, its employees, subcontractors, and affiliates from any claims, damages, or liabilities arising out of:
- Pre-existing structural issues or hazardous conditions at the property.
- Any delays or additional costs resulting from undisclosed hazards.
- Third-party referrals, including Mold Remediation Contractors or Industrial Hygienists, whose services are outside of NTR’s control or liability.
- Property damages occurring due to circumstances outside of NTR’s direct control.
7. Limitations of Liability
NTR is not liable for:
- Consequential or incidental damages arising from services performed.
- Damage to contents or finishes resulting from necessary mitigation or demolition work required to prevent further property damage.
- Any third-party errors, including but not limited to Mold Remediation Contractors or Hygienists referred by NTR.
8. Insurance Disclaimers
- NTR does not guarantee insurance coverage or approval for any mitigation work. Any estimates provided are based on industry-standard pricing and may not align with your insurer’s calculations.
- Clients are responsible for ensuring coverage under their insurance policies and communicating with their insurance providers.
9. Payment Terms
- Payment terms will be outlined in your specific contract. NTR reserves the right to suspend or terminate services if payment terms are not met.
- Clients are responsible for any costs not covered by insurance, including deductible payments.
Payments, Assignment of Benefits, and Limited Power of Attorney
Assignment of Benefits (AOB)
An Assignment of Benefits (AOB) is a legal document that transfers certain rights and benefits from you, the homeowner, to North Texas Restoration. By signing an AOB:
- Authority Granted: You are authorizing North Texas Restoration to directly interact with your insurance company regarding your claim. This includes negotiating, collecting payments, and resolving any disputes directly with the carrier.
- Non-Revocable Once Services Begin: Once services have commenced, the AOB becomes non-revocable. This ensures that North Texas Restoration has the legal authority to pursue compensation for the work already performed and any subsequent work required.
- Purpose: The AOB eliminates delays caused by homeowner-to-insurer communications, ensuring timely service delivery and quicker resolution of your insurance claim.
By executing an AOB, you acknowledge and agree that North Texas Restoration becomes the legal beneficiary of the insurance proceeds for services rendered.
Direct Payment Authorization
A Direct Payment Authorization ensures that payments issued by your insurance company for the approved claim are sent directly to North Texas Restoration. This is critical for the following reasons:
- Streamlined Payment Process: Direct payments reduce administrative delays, ensuring that funds are available to cover the cost of services in a timely manner.
- Secured Payment: This authorization minimizes the risk of non-payment for services already rendered, protecting the company’s resources and ability to deliver services effectively.
- Binding Agreement: By signing this document, you agree that any insurance-related payments tied to the restoration work are to be directed solely to North Texas Restoration. This authorization is non-revocable once services commence.
Limited Power of Attorney (LPOA)
The Limited Power of Attorney (LPOA) grants North Texas Restoration the authority to endorse your name(s) on checks or other payment instruments issued by your insurance company. This is crucial for efficient handling of funds and service delivery. Specifically:
- Purpose: When insurance payments are issued as joint checks (payable to you and North Texas Restoration), the LPOA allows us to endorse your name(s) and deposit the funds directly into our account.
- Scope of Authority: This power is strictly limited to actions related to endorsing and depositing payments tied to the insurance claim for which North Texas Restoration is performing services.
- Acknowledgment: By granting this authority, you acknowledge that North Texas Restoration can facilitate seamless processing of funds necessary for your restoration project. This is a non-revocable authority once the LPOA is executed.
How These Work Together
When combined, these agreements ensure that:
- North Texas Restoration has the legal authority (via AOB) to handle your insurance claim directly with your carrier.
- Payments are processed efficiently and directly to us (via Direct Payment Authorization) without unnecessary delays.
- Jointly issued payments can be quickly deposited (via Limited Power of Attorney) to fund the restoration process.
Requirement for Secured Payment Interest
North Texas Restoration will not begin any work on the property without:
- A fully executed Assignment of Benefits (AOB),
- A signed Direct Payment Authorization from the insurance carrier, and
- Confirmation of our secured interest in the property.
These requirements are non-revocable and non-negotiable, serving to protect the company’s investment and resources in providing services to the customer.
Alternative Payment Requirements
In the absence of an executed Assignment of Benefits or Direct Payment Authorization, the customer must provide:
- A cash deposit or pre-authorized credit card payment for a minimum deposit of $25,000.00 before any services will commence.
Deductible Collection Compliance: Under Texas law H.B. 2102, Chapter 707, North Texas Restoration is required to collect the deductible from the insured for services performed related to an insurance claim. This applies to all mitigation services, including fire and water dry-outs, as well as other facets of fire and water mitigation. As required by law, we must provide proof to the insurance carrier that the deductible has been collected.
Texas law strictly prohibits refunding, rebating, adjusting, crediting, absorbing, offsetting, or in any other manner assisting an insured in avoiding monetary payment of the required deductible. Any such action would constitute a violation of H.B. 2102 and could be construed as an attempt to circumvent the law. By engaging our services, clients acknowledge their obligation to comply with this legal requirement.
10. Governing Law
These Terms shall be governed by the laws of the State of Texas. Any disputes arising from these Terms or NTR’s services shall be resolved in the appropriate Texas court.
11. Amendments
NTR reserves the right to update or modify these Terms at any time. Updates will be effective upon posting to our website or inclusion in future contracts.
12. Acceptance of Terms
By engaging North Texas Restoration, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
For questions or concerns regarding these Terms, please contact us at:
North Texas Restoration
For questions or concerns regarding these Terms, please contact us at:
Office: 469-421-7939
24 HRS 469-434-6910
info@NTResto.net
or on the Web at www.NorthTexasRestoration.net
Effective Date: 12/31/2023
