Terms of Service - Mako Contractors

Effective Date: February 8, 2026

Welcome to Mako Contractors. These Terms of Service ("Terms") govern your use of our website, services, and SMS/text messaging program. By accessing our website at www.makocontractors.com, requesting services, or opting in to receive SMS messages from us, you agree to be bound by these Terms, all applicable laws and regulations, and acknowledge that you are responsible for compliance with any applicable local laws.

If you do not agree with any of these Terms, you are prohibited from using our website, services, or SMS program.

SMS/Text Messaging Terms & Conditions

Mako Contractors offers an SMS/text messaging program to provide timely communications about our landscaping, lawn care, fencing, and excavation services.

If you consent to receive SMS text messages from Mako Contractors, you agree to receive conversational, informational, and promotional SMS messages from us.

Types of Messages

By opting in, you may receive the following types of messages:

Conversational Messages:

- Two-way text conversations with our team

- Responses to your questions or inquiries

- Direct communication about your specific project

Informational Messages:

- Appointment confirmations and reminders

- Estimate scheduling notifications

- Service arrival notifications

- Job status updates and completion notifications

- Service-related alerts and updates

- Follow-up messages and satisfaction surveys

Promotional Messages (only if you opt in):

- Special offers and seasonal promotions

- New service announcements

- Maintenance reminders (lawn care, seasonal services)

- Referral programs and discounts

Standard Disclosures

* Reply STOP to opt-out: Text "STOP" to any message from us to unsubscribe from SMS messages. You will receive a confirmation text. After opting out, you will no longer receive SMS messages from us unless you opt in again.

* Reply HELP for support: Text "HELP" to any message from us for assistance, or contact us at (850) 786-2457 or [email protected].

* Message & data rates may apply: Standard messaging and data rates may apply based on your mobile carrier's plan. Check with your carrier for details.

* Message frequency may vary: Message frequency depends on your service needs and preferences. You may receive approximately 2-10 messages per month, though frequency may be higher during active projects.

Consent & Opt-In

By providing your mobile phone number and opting in to our SMS program through our website, verbally during a call, or by text, you:

- Consent to receive SMS/text messages from Mako Contractors

- Certify that you are the authorized account holder or have authorization for the phone number provided

- Understand that consent is not a condition of purchasing any goods or services

Privacy & Data Protection

Your SMS opt-in information and text message data are protected under our Privacy Policy. No mobile opt-in or text message consent will be shared with third parties or affiliates for their marketing or other purposes.

Visit our Privacy Policy at www.makocontractors.com/privacy to review how we collect, use, and protect your personal information.

Supported Carriers

Our SMS program is supported by major U.S. carriers, including but not limited to AT&T, T-Mobile, Verizon, Sprint, and others. Carrier coverage may vary.

Service Modifications

We reserve the right to modify, suspend, or discontinue our SMS program at any time with or without notice. We are not liable for any modification, suspension, or discontinuation of the service.

1. General Terms

By accessing our website at www.makocontractors.com ("Website"), requesting services from Mako Contractors, or communicating with us, you agree to these Terms of Service. These Terms apply to all users of the Website and our services, including without limitation browsers, customers, and vendors.

1.1 Acceptance of Terms

Your access to and use of our Website and services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website or services.

1.2 Modification to Terms

Mako Contractors reserves the right to revise these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting to the Website. By continuing to use the Website or services after changes are posted, you agree to be bound by the revised Terms. We encourage you to review these Terms periodically.

1.3 Compliance with Laws

You agree to comply with all applicable federal, state, and local laws and regulations when using our Website and services.

2. Use License & Website Access

2.1 Limited License

Permission is granted to temporarily access and view the materials (information, images, text, software, or other content) on Mako Contractors' Website for personal, non-commercial use only. This is a grant of a limited license, not a transfer of title or ownership.

2.2 Restrictions of Use

Under this license, you may NOT:

a. Modify or copy materials: Reproduce, duplicate, copy, or modify any materials from the Website without express written permission from Mako Contractors.

b. Commercial use: Use the materials for any commercial purpose or for any public display (commercial or non-commercial) without our prior written consent.

c. Reverse engineer: Attempt to decompile, reverse engineer, or disassemble any software or technology contained on the Website.

d. Remove proprietary notices: Remove any copyright, trademark, or other proprietary notations from the materials.

e. Transfer or mirror: Transfer the materials to another person, entity, or server, or "mirror" the materials on any other server or platform.

f. Automated access: Use bots, scrapers, or automated tools to access the Website without express permission.

2.3 License Termination

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mako Contractors at any time. Upon termination, you must immediately destroy any downloaded materials in your possession, whether in electronic or printed format.

3. Services & Estimates

3.1 Services Offered

Mako Contractors provides the following services in and around Freeport, Florida:

- Landscaping and landscape design

- Lawn care and maintenance

- Fence installation and repair

- Excavation services

3.2 Estimates

Estimates provided by Mako Contractors are based on the information available at the time and are subject to change based on:

- Site conditions discovered during work

- Changes in project scope requested by the customer

- Material cost fluctuations

- Unforeseen circumstances or obstacles

All estimates are valid for 30 days from the date of issuance unless otherwise stated.

3.3 Service Completion

We will make reasonable efforts to complete services within the estimated timeframe. However, completion times may be affected by weather conditions, material availability, site conditions, or other factors beyond our control. Mako Contractors is not liable for delays caused by such circumstances.

4. Payment Terms

4.1 Payment Due

Payment terms will be specified in your service agreement or invoice. Unless otherwise agreed in writing, payment is due upon completion of services.

4.2 Accepted Payment Methods

We accept payment by cash, check, credit card, or other methods as agreed upon. Credit card payments may be processed through a secure third-party payment processor.

4.3 Late Payments

Accounts not paid within 30 days of the invoice date may be subject to a late fee of 1.5% per month (or the maximum amount allowed by law, whichever is less) on the outstanding balance.

5. Refund & Cancellation Policy

5.1 Service Cancellations

You may cancel services at any time before work begins by contacting us at (850) 786-2457 or [email protected].

5.2 Refund Eligibility

You may request a refund for services that have been paid for but not yet started. A service is considered "started" once:

- We have mobilized equipment or materials to your property

- We have begun site preparation or any aspect of the work

- We have ordered custom materials specific to your project

5.3 Partial Refunds

If work has begun but not been completed, refunds will be calculated based on:

- Work completed to date

- Materials purchased or ordered for your project

- Labor and equipment costs incurred

5.4 No Refunds After Completion

Once a service or project has been completed and accepted by you, no refunds will be issued. If you are unsatisfied with completed work, please contact us immediately to discuss resolution options.

6. Disclaimer of Warranties

6.1 "As Is" Basis

The materials and information on Mako Contractors' Website are provided on an "as is" and "as available" basis. Mako Contractors makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation:

- Implied warranties of merchantability

- Fitness for a particular purpose

- Non-infringement of intellectual property or other rights

- Accuracy, reliability, or completeness of materials

- Uninterrupted or error-free operation of the Website

6.2 No Warranty of Results

While we strive to provide high-quality services, Mako Contractors does not warrant or guarantee specific results, including but not limited to:

- Plant growth or survival (affected by weather, soil conditions, and maintenance)

- Fence longevity (affected by weather and environmental factors)

- Exact matching of natural materials (stone, wood, plants)

6.3 Weather & Natural Conditions

Landscaping, lawn care, and outdoor construction services are subject to weather conditions and natural factors beyond our control. Mako Contractors is not responsible for:

- Delays due to weather conditions

- Damage to plants or materials caused by extreme weather after installation

- Natural variations in organic materials

5.4 No Refunds After Completion

Once a service or project has been completed and accepted by you, no refunds will be issued. If you are unsatisfied with completed work, please contact us immediately to discuss resolution options.

7. Limitation of Liability

7.1 Limitation of Damages

To the fullest extent permitted by law, in no event shall Mako Contractors, its owners, employees, contractors, or suppliers be liable for any damages, including without limitation:

- Direct, indirect, incidental, or consequential damages

- Loss of profits or revenue

- Loss of data or information

- Loss of use of the Website or services

- Property damage beyond the direct scope of our work

- Personal injury (except as required by law)

- Business interruption

This limitation applies even if Mako Contractors or an authorized representative has been notified orally or in writing of the possibility of such damage.

7.2 Maximum Liability

If, notwithstanding the foregoing, Mako Contractors is found liable for any damages, our total liability shall not exceed the amount paid by you for the specific service that gave rise to the claim.

7.3 Jurisdictional Variations

Some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages. In such jurisdictions, the above limitations may not apply to you, and our liability will be limited to the fullest extent permitted by applicable law.

8. Accuracy of Materials & Information

8.1 No Guarantee of Accuracy

The materials, information, pricing, and specifications appearing on the Website may include technical, typographical, or photographic errors. Mako Contractors does not warrant that any materials on the Website are accurate, complete, current, or error-free.

8.2 Right to Make Changes

Mako Contractors may make changes to the materials, services, pricing, or other information on the Website at any time without prior notice. However, Mako Contractors does not make any commitment to update materials or information.

8.3 Verification Recomendation

You should verify important information (such as pricing, availability, or specifications) by contacting us directly before making decisions or commitments based on Website content.

8. Third Party Links

9.1 External Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by Mako Contractors, including but not limited to:

- Social media platforms

- Supplier or manufacturer websites

- Review platforms

- Industry resources

9.2 No Responsibility

Mako Contractors has not reviewed all third-party websites linked from our Website and is not responsible for:

- The content of any linked website

- The privacy practices or policies of external sites

- Any products, services, or information offered by third parties

9.3 Use at Your Own Risk

The inclusion of any link does not imply endorsement by Mako Contractors. Use of any linked website is at your own risk, and we encourage you to review the terms and privacy policies of any third-party sites you visit.

10. Intellectual Property

10.1 Ownership

All content on the Mako Contractors Website, including but not limited to text, graphics, logos, images, photographs, software, and design, is the property of Mako Contractors or its content suppliers and is protected by United States and international copyright and trademark laws.

10.2 Trademarks

"Mako Contractors" and associated logos are trademarks of Mako Contractors. You may not use these trademarks without express written permission.

10.3 User Submitted Content

If you submit photos, testimonials, reviews, or other content to us (via email, social media, or our Website), you grant Mako Contractors a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content for marketing and promotional purposes.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mako Contractors, its owners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or related to:

- Your use of the Website or services

- Your violation of these Terms

- Your violation of any rights of another party

- Any damage to property or injury to persons caused by your actions or negligence

12. Property Access & Liability

12.1 Access Permission

By scheduling services, you grant Mako Contractors and its employees, contractors, and agents permission to access your property to perform the agreed-upon services.

12.2 Underground Utilities

You are responsible for identifying and marking the location of underground utilities (water lines, gas lines, electrical lines, septic systems, etc.) before we begin work. We recommend contacting your local utility locating service.

While we will take reasonable care to avoid damage, Mako Contractors is not liable for damage to unmarked or incorrectly marked underground utilities.

12.3 Pets & Hazards

You are responsible for securing pets and notifying us of any known hazards on your property (unstable ground, hidden obstacles, wasp nests, etc.) that could affect our work or safety.

13. Governing Law & Dispute Resolution

13.1 Governing Law

These Terms of Service and any disputes arising out of or related to these Terms, the Website, or our services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

13.2 Jurisdiction

You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Walton County, Florida, for any disputes arising out of or related to these Terms or our services.

13.3 Information Resolution

Before filing any formal claim, you agree to first contact Mako Contractors to attempt to resolve the dispute informally. Many disputes can be resolved quickly and amicably through direct communication.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Mako Contractors regarding the use of our Website and services, and supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral.

16. Waiver

The failure of Mako Contractors to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Mako Contractors.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Mako Contractors
103 This Way, Freeport, Florida
Phone: (850) 786-2457
Email: [email protected]
Website: www.makocontractors.com

Privacy Policy: Visit www.makocontractors.com/privacy-policy to review our Privacy Policy and learn how we collect, use, and protect your personal information.