Terms & Conditions
Effective Date: July 11, 2026
Last Updated: July 11, 2026
Welcome to smileysconstructionllc.com. These Terms and Conditions (“Terms”) govern your access to and use of this website and any related online services provided by Smileys Construction Services LLC.
Throughout these Terms, “Smileys Construction,” “we,” “our,” and “us” refer to Smileys Construction Services LLC. “You” and “your” refer to any person who accesses or uses this Website.
By accessing or using this Website, you agree to these Terms. If you do not agree with these Terms, please do not use the Website.
1. Website Purpose
This Website provides general information about Smileys Construction, our construction and remodeling services, service areas, completed work, and methods for contacting us or requesting an estimate.
Information provided on this Website is for general informational purposes only. Nothing on the Website constitutes a binding construction proposal, contract, guarantee, professional opinion, engineering recommendation, architectural recommendation, or warranty.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to submit an estimate request or engage Smileys Construction for services.
By using this Website, you represent that you meet these requirements.
3. Estimate and Consultation Requests
You may use the Website to request information, an estimate, a consultation, or an appointment.
Submitting a request does not:
- Create a contractor-client relationship
- Guarantee that we will accept or perform a project
- Reserve a project date
- Guarantee availability
- Establish a final price
- Create a binding construction contract
- Require either party to proceed with the project
Any pricing, timeline, availability, or project information discussed before a written agreement is signed is preliminary and may change after an inspection, site visit, measurement, material review, permit review, or further discussion.
We reserve the right to accept or decline any project request at our discretion, subject to applicable law.
4. Construction Agreements
All construction, remodeling, repair, demolition, excavation, plumbing, masonry, roofing, tree work, or other services will be governed by a separate written estimate, proposal, work order, or construction agreement.
The separate project agreement may address matters including:
- Scope of work
- Materials and finishes
- Project pricing
- Deposits and payment schedules
- Estimated start and completion dates
- Change orders
- Permits and inspections
- Site access
- Customer responsibilities
- Delays and unforeseen conditions
- Subcontractors
- Warranties
- Cancellation rights
- Dispute procedures
- Additional project-specific terms
If these Website Terms conflict with a signed project agreement, the signed project agreement will control regarding the applicable project.
5. Estimates and Pricing
Unless expressly stated in a signed written agreement, estimates provided through the Website, by telephone, by email, through text messages, or during an initial conversation are not binding.
Final pricing may be affected by conditions including:
- Changes to the requested scope of work
- Hidden or unforeseen site conditions
- Structural damage
- Existing code violations
- Hazardous materials
- Utility locations
- Soil or drainage conditions
- Material availability
- Supplier price changes
- Permit or inspection requirements
- Customer-selected upgrades
- Work requested after the original estimate
- Conditions that could not reasonably be identified during the initial inspection
Any additional work or changes should be documented through a written change order or other written approval.
6. Scheduling and Project Timelines
Any start date, completion date, or project duration provided before or during a project is an estimate unless the signed project agreement expressly states otherwise.
Construction schedules may be affected by circumstances outside our reasonable control, including:
- Weather
- Material shortages
- Supplier delays
- Labor availability
- Permit or inspection delays
- Utility interruptions
- Site conditions
- Customer-requested changes
- Acts of government
- Emergencies
- Natural disasters
- Events of force majeure
Project scheduling and delay provisions will be governed by the applicable written project agreement.
7. Payments and Deposits
Website use is generally free. Payments for construction or related services will be governed by the applicable written estimate, invoice, proposal, or project agreement.
Deposits, progress payments, final payments, late fees, returned-payment fees, financing terms, and refund conditions will be disclosed in the applicable project documents.
Do not submit payment information through a general contact form unless we specifically direct you to an authorized payment method.
8. Customer Responsibilities
When requesting or receiving services, you agree to provide accurate and complete information concerning the property, requested work, known hazards, ownership, access restrictions, utilities, existing damage, and other relevant conditions.
Depending on the project agreement, customers may be responsible for:
- Confirming ownership or authority to approve work
- Providing reasonable access to the property
- Removing personal belongings from work areas
- Securing pets and children away from work zones
- Identifying known utilities, hazards, or property restrictions
- Obtaining approvals from landlords, associations, or other parties
- Making timely selections and decisions
- Making payments according to the agreed schedule
- Disclosing known defects, contamination, or unsafe conditions
Specific responsibilities will be described in the applicable project agreement.
9. Permits, Codes, and Inspections
Permit, licensing, inspection, engineering, zoning, and code requirements vary depending on the type and location of the project.
Responsibility for obtaining permits, approvals, inspections, surveys, plans, or professional services will be stated in the applicable written project agreement.
Nothing on this Website should be interpreted as a determination that a particular project does or does not require a permit, inspection, licensed trade professional, engineer, architect, surveyor, or government approval.
10. Photographs and Project Information
You may provide photographs, plans, measurements, drawings, descriptions, or other project information when requesting an estimate.
You represent that you have the right to provide this material and that doing so does not violate another person’s rights.
Information submitted through the Website may be used to evaluate your inquiry, communicate with you, prepare an estimate, schedule services, maintain business records, and perform requested work.
Use of project photographs for advertising, portfolio, website, or social media purposes will be handled according to any applicable project agreement, authorization, or release.
11. Accuracy of Information
You agree to provide accurate, current, and complete information when using the Website.
We are not responsible for delays, inaccurate estimates, or communication failures caused by incomplete or incorrect information supplied by you.
You are responsible for reviewing estimates, proposals, contracts, invoices, specifications, and project documents before approving or signing them.
12. Electronic Communications
When you contact us through the Website, email, telephone, or text message, you consent to receive communications relating to your inquiry, estimate, appointment, project, invoice, or services.
Electronic communications may include emails, telephone calls, and text messages. Message and data rates may apply.
You may opt out of nonessential text messages by replying STOP. Opting out of promotional communications will not prevent us from sending necessary project, account, payment, safety, or transactional communications.
Electronic communications do not create a binding construction agreement unless the communication clearly states that it is intended to create an agreement and satisfies applicable legal requirements.
13. Website Content
Website content may include text, photographs, graphics, logos, service descriptions, project examples, videos, layouts, designs, and other materials.
We attempt to keep Website content accurate and current, but we do not guarantee that all information will always be complete, accurate, current, or error-free.
Service descriptions, photographs, past projects, prices, promotions, and examples are provided for general reference. Results, materials, costs, and project conditions vary.
We may modify, remove, or update Website content without notice.
14. Intellectual Property
Unless otherwise stated, the Website and its original content are owned by or licensed to Smileys Construction and are protected by applicable copyright, trademark, and other intellectual-property laws.
You may access and view the Website for personal, noncommercial purposes.
Without prior written permission, you may not:
- Copy or republish substantial portions of the Website
- Use our name, logo, photographs, or branding
- Sell or commercially exploit Website content
- Modify or create derivative works from Website materials
- Remove copyright, trademark, or ownership notices
- Use Website content to misrepresent an affiliation with us
- Scrape, harvest, or automatically collect Website content or data
15. Acceptable Website Use
You agree not to use the Website to:
- Violate any applicable law or regulation
- Submit false, misleading, fraudulent, or unlawful requests
- Impersonate another person or business
- Interfere with Website operation or security
- Introduce viruses, malware, malicious code, or harmful material
- Attempt unauthorized access to any system or account
- Collect information about other Website users
- Send spam or unsolicited advertising
- Harass, threaten, or abuse another person
- Infringe intellectual-property, privacy, or other legal rights
- Use automated systems to overload or disrupt the Website
We may restrict or terminate Website access when we reasonably believe these Terms have been violated.
16. Third-Party Websites and Services
The Website may contain links to third-party websites or services, including social media platforms, map providers, review websites, financing providers, payment processors, manufacturers, and suppliers.
Third-party websites are operated independently. We do not control and are not responsible for their availability, security, accuracy, content, products, services, terms, or privacy practices.
Your use of a third-party website is governed by that provider’s own terms and policies.
17. Website Availability
We do not guarantee that the Website will always be available, uninterrupted, secure, or free from errors.
We may suspend, modify, restrict, or discontinue any part of the Website at any time without notice. We are not liable for losses caused solely by temporary Website unavailability or technical problems.
For urgent project or safety matters, contact us directly by telephone rather than relying on a Website form.
18. Emergencies and Safety
The Website is not an emergency-reporting service.
Do not use a Website form to report an immediate danger, fire, gas leak, electrical hazard, structural collapse, medical emergency, or other urgent safety issue. Contact 911, the appropriate utility provider, or another qualified emergency service.
19. Website Disclaimer
The Website and its content are provided on an “as is” and “as available” basis to the fullest extent permitted by law.
We do not make warranties regarding:
- Website availability
- Website accuracy or completeness
- Freedom from errors or harmful components
- Suitability of general Website information for a specific project
- Results obtained from using Website content
- The availability or pricing of any service
This Website disclaimer does not replace, reduce, or modify any express warranty included in a signed project agreement or any right that cannot legally be waived.
20. Limitation of Liability
To the fullest extent permitted by applicable law, Smileys Construction and its owners, employees, representatives, contractors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from your use of or inability to use the Website.
This limitation includes damages arising from Website interruptions, errors, unauthorized access, third-party links, reliance on general Website content, or electronic transmission failures.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. Liability relating to construction services will be governed by the applicable signed project agreement and applicable law.
21. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Smileys Construction and its owners, employees, representatives, contractors, and service providers from claims, liabilities, damages, expenses, and reasonable legal fees arising from:
- Your unlawful use of the Website
- Your material violation of these Terms
- Information or materials you knowingly submit without authorization
- Your infringement of another person’s rights
- Fraudulent, malicious, or intentionally harmful activity
This section does not require you to indemnify us for claims caused by our own negligence, misconduct, or violation of law.
22. Privacy
Your use of the Website is also subject to our Privacy Policy. The Privacy Policy explains how we collect, use, retain, and disclose personal information.
23. Governing Law
These Terms and your use of the Website are governed by the laws of the State of Indiana, without regard to conflict-of-law principles.
Unless a different location is required by applicable law or a signed project agreement, legal proceedings relating solely to these Website Terms must be brought in a court of competent jurisdiction located in Marion County, Indiana.
24. Severability
If any part of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the greatest extent legally permitted, and the remaining provisions will remain in effect.
25. No Waiver
Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.
A waiver is effective only when made in writing by an authorized representative of Smileys Construction.
26. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Smileys Construction regarding your use of the Website.
They do not replace or modify a signed estimate, proposal, invoice, work order, warranty, or construction agreement.
27. Changes to These Terms
We may update these Terms periodically to reflect changes to the Website, our services, business practices, or legal obligations.
The revised Terms will be posted on this page with an updated “Last Updated” date. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.
Changes to these Website Terms will not retroactively modify a signed project agreement unless both parties agree in writing.
28. Contact Information
Questions about these Terms may be directed to:
Smileys Construction Services LLC
Owner: Joshua Jones
1759 Howard Street
Indianapolis, Indiana 46221
Phone: (317) 981-0573
Email: joshuajjones81@gmail.com
Website: smileysconstructionllc.com