Customer Agreement
General terms for remodeling and construction services
Contractor: DSB-USA.CORP
Address: 1855 Griffin Road, Suite C172, Dania Beach, Florida 33004
Email: customer@dsb-usa.com
Website Version: Effective 08212026
IMPORTANT: This Customer Agreement does not create a Project by itself. It becomes binding for a specific Project only when a customer signs or electronically accepts an Estimate that identifies the Project and incorporates this Customer Agreement by reference.
NOTICE: Florida construction law requires Work to be performed by licensed and insured contractors and subcontractors when licensing or insurance is required.
ARTICLE 1. CONTRACT FORMATION AND CONTRACT DOCUMENTS
1.1 Parties and Acceptance. For each Project, this Customer Agreement is between DSB-USA.CORP (the "Contractor") and the person or entity identified as the customer in the applicable Estimate (the "Customer"). The agreement for that Project becomes effective on the date the Customer signs or electronically accepts the Estimate (the "Project Effective Date"). Electronic acceptance has the same effect as a handwritten signature.
1.2 Project-Specific Terms. The accepted Estimate identifies the Customer, Project address, scope of Work, Contract Price, payment schedule, allowances, exclusions, anticipated schedule, and any other Project-specific terms. References in this Customer Agreement to the "Estimate" mean the version accepted by the Customer, including any attachments presented with it.
1.3 Contract Documents. The Contract Documents consist of: (a) the accepted Estimate; (b) this Customer Agreement in the website version identified in, linked from, or in effect on the Project Effective Date; (c) plans, specifications, selections, and addenda incorporated into the Estimate; (d) written Change Orders accepted by both parties; and (e) statutory notices and disclosures applicable to the Project. Together, the Contract Documents are the entire agreement and supersede prior oral or written discussions concerning the same Project.
1.4 Order of Precedence. If Contract Documents conflict, a later written Change Order controls for the subject it changes; the accepted Estimate controls for Project-specific scope, price, payment, and schedule terms; and this Customer Agreement controls for general terms. A Project-specific term prevails only for that Project.
1.5 Website Version. The version of this Customer Agreement applicable to a Project is fixed as of the Project Effective Date. A later website update does not amend an existing Project unless both parties agree in writing. The Customer may download or print the applicable version for its records.
1.6 Notices and Electronic Records. A notice, approval, selection, request, Change Order, or other Project record may be delivered through the Contractor's electronic estimating or project-management platform, by email to the address used for the Project, or by another written method agreed by the parties. A communication requiring acceptance is effective when accepted by the party against whom it is to be enforced.
ARTICLE 2. SCOPE OF WORK
2.1 Work. The Customer agrees to purchase, and the Contractor agrees to perform, the remodeling or construction services described in the accepted Estimate at the Project address stated there (the "Project" and the "Work"). The Contractor will perform only the Work included in the Contract Documents.
2.2 Plans and Specifications. The Contractor performs the Work in accordance with drawings, specifications, selections, and other information provided or approved by the Customer or by others on the Customer's behalf. Specifications for Customer-provided items must be delivered before mobilization. Missing, late, inaccurate, or changed information may require a Change Order.
2.3 General Exclusions. Unless the accepted Estimate expressly includes them, delivery and storage of Customer-provided items, Notice of Commencement fees, Notice to Customer fees, permit fees, and other governmental or association charges are the Customer's responsibility.
2.4 Customer-Provided Materials. The Customer is responsible for timely delivery, quantity, suitability, compatibility, code compliance, condition, and manufacturer requirements of materials, fixtures, appliances, equipment, finishes, or other items supplied by the Customer or others on the Customer's behalf. The Contractor is not responsible for defects, incompatibility, dimensional mismatch, concealed damage, missing parts, warranty limitations, delayed delivery, or performance failures relating to those items.
2.5 Delay and Retention for Customer-Provided Items. If a Customer-provided item is unavailable when needed, the resulting delay is not a Contractor delay. Work that can reasonably be completed without the item remains eligible for progress payment and, where applicable, substantial completion. Only a reasonable amount corresponding to the direct labor value of the unperformed installation may be retained, and that amount is due when installation is completed.
2.6 Additional Work Caused by Customer-Provided Items. Additional labor, redesign, modification, return trips, storage, protection, handling, testing, replacement, costs, or delays caused by Customer-provided items will be handled as a Change Order. The Contractor will exercise reasonable care for such items while in its possession and is liable only for direct physical damage caused by its negligence.
ARTICLE 3. CONTRACT PRICE, DEPOSIT, AND PRICE ADJUSTMENTS
3.1 Contract Price. The Contract Price is the amount stated in the accepted Estimate, subject to additions and deductions under accepted Change Orders and allowances. The Contract Price is agreed based on the overall scope and value of the Work, not on any representation of the Contractor's internal costs, overhead, profit, markup, or third-party compensation.
3.2 Deposit. Any deposit or initial payment is stated in the accepted Estimate. Unless the Estimate states otherwise, the deposit may be applied to Project filings, drawings, permit preparation and submission, demolition planning, procurement, scheduling, administration, overhead, and other Project costs. Except as expressly provided in Article 14.2 or required by applicable law, the deposit is non-refundable and is applied to the Contract Price.
3.3 Pre-Commencement Delay. If commencement is delayed for more than six months after the Project Effective Date for reasons not attributable to the Contractor, including Customer, permitting-authority, condominium or homeowners' association, financing, supply, or force-majeure delays, the Contractor may propose an adjustment to reflect then-prevailing increases in labor, materials, fuel, transportation, and related costs. No price adjustment is effective unless documented in a written Change Order or other written amendment accepted by both parties.
3.4 Delay During Performance. If progress or completion is delayed, suspended, or disrupted after commencement for reasons not attributable to the Contractor, the Contractor is entitled to a reasonable extension and an equitable adjustment for actual and reasonable resulting costs, including additional labor, extended duration, remobilization, storage, handling, protection, fuel, transportation, material-price increases, and supplier substitutions. The adjustment must be documented in writing.
3.5 Extended Pre-Commencement Delay. If commencement is delayed for more than twelve months after the Project Effective Date for reasons not attributable to the Contractor, the Contractor may terminate the Project by written notice. Amounts earned for services, planning, scheduling, procurement, administration, overhead, commitments, and other costs incurred remain payable; any treatment of unearned amounts remains subject to Article 14.2 and applicable law.
3.6 Cost Information. Any estimate, budget, allowance detail, or cost breakdown is provided for pricing and Project administration and is not a complete accounting or warranty of the Contractor's actual internal costs, overhead, profit, markup, or third-party compensation. The Customer agrees that the Contract Price is based on the overall Work and value provided rather than a specific internal line-item allocation.
ARTICLE 4. PAYMENTS AND CONSTRUCTION LIEN NOTICE
4.1 Payment Schedule. The Customer will make the deposit, progress payments, and final payment in the amounts and at the milestones stated in the accepted Estimate, as modified by accepted Change Orders. Unless the Estimate states otherwise, each requested progress payment is due within five business days after the Contractor's written request, and the final balance, including approved additional Work, is due when the scheduled Work and agreed punch-list items are completed.
4.2 Payment Method. A discount of 2.9% applies to payments made by cash, check, or ACH. Credit-card payments are charged at the standard price. The payment options presented in the accepted Estimate or payment request control if they differ from this paragraph.
4.3 Late Payment. An unpaid amount may accrue a charge of 5% per month from its due date until paid, to the extent permitted by applicable law. Except as expressly provided in Article 14.2 or required by applicable law, payments compensate the Contractor for Work, services, procurement, planning, scheduling, administration, overhead, commitments, and other Project costs and are non-refundable to the extent earned or applied to those obligations.
4.4 Suspension or Termination for Nonpayment. If payment is not received within five business days after the Contractor sends a written demand for payment for satisfactorily completed Work to the Customer's last known electronic or physical address, the Contractor may suspend the Work or terminate the Project. The Customer remains responsible for Work performed and for reasonable and earned demobilization costs, subcontractor and supplier cancellation costs, and profit lost on the unperformed remainder to the extent recoverable under the Contract Documents and applicable law.
4.5 Customer-Caused Suspension. If the Customer fails to pay when due, provide access, approvals, selections, or Customer-provided materials, or otherwise causes a delay or suspension, the Contractor may stop the Work after written notice until the condition is cured. The Contractor is entitled to a reasonable time extension and reimbursement of actual and reasonable costs for delay, shutdown, protection, storage, rescheduling, and remobilization and is not liable for resulting impacts to the extent not attributable to the Contractor.
4.6 Florida Construction Lien Warning. ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.01-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR ANY MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED, YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO CUSTOMER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
4.7 Release of Lien. PRIOR TO THE CUSTOMER'S OBLIGATION TO MAKE ANY PAYMENT UNDER THIS AGREEMENT, THE CONTRACTOR MUST FIRST PROVIDE TO THE CUSTOMER A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO THE CUSTOMER A "NOTICE TO CUSTOMER."
ARTICLE 5. DUTIES OF THE CONTRACTOR
5.1 Conformance and Correction. The Work will be in substantial accordance with the Contract Documents, and systems included in the Work will be in good working order. If completed Work is inconsistent with the approved Project because of defective workmanship attributable to the Contractor, the Contractor will make necessary repairs at its expense within seven working days after confirming responsibility, subject to scheduling, access, materials, inspections, and Article 18.
5.2 Workmanship and Compliance. The Contractor will perform the Work in a workmanlike manner and comply with applicable national, state, and local building codes and laws in effect at execution and final inspection. The Contractor is not a design professional and does not assume design, engineering, or performance-specification obligations for plans or specifications provided by others.
5.3 Working Hours. Unless the accepted Estimate states otherwise, Work will be performed during normal business hours, Monday through Friday, 9:00 a.m. to 6:00 p.m. Customer-requested Work outside those hours may be charged at a premium and handled as a Change Order.
5.4 Licensing. Work requiring a license will be performed by individuals or entities licensed as required by law.
5.5 Subcontractors. The Customer authorizes the Contractor to engage tradespeople, material suppliers, subcontractors, consultants, and other specialists to perform or support the Work.
5.6 Permits. The Contractor will obtain permits necessary for the Work unless the accepted Estimate states otherwise. Permit fees and related governmental or association charges are the Customer's responsibility unless expressly included in the Estimate.
5.7 Cleanup. The Contractor will remove construction debris generated by its Work and leave the Project in broom-clean condition during construction and at completion. If the Contractor fails to do so after reasonable notice and opportunity to cure, the Customer may arrange removal and deduct the reasonable cost from final payment.
5.8 Third-Party Services and Compensation. The Contractor may engage and compensate consultants, advisors, subcontractors, business-development representatives, and other service providers in connection with the Project or acquisition of the Project. Their compensation, including any markup, margin, commission, referral fee, marketing fee, consulting fee, or profit, is paid solely by the Contractor as part of its business expenses, overhead, and profit. The Contractor remains responsible for payment to such parties subject to applicable lien law; they are not agents, partners, or representatives of the Customer, and the Customer has no direct payment obligation to them.
5.9 Financial Discretion. Subject to the Contractor's obligations under the Contract Documents and applicable law, the Contractor may allocate the Contract Price among labor, materials, overhead, profit, third-party compensation, and other business purposes. The Customer is not entitled to disclosure of the Contractor's internal cost structure or compensation arrangements unless the accepted Estimate expressly provides otherwise.
ARTICLE 6. CUSTOMER DUTIES AND PROJECT-SITE CONTROL
6.1 Communications with Workers. The Customer will direct Project instructions and communications through the Contractor and will not direct or supervise subcontractors or on-site workers.
6.2 Construction Control. The Customer will not control construction means, methods, techniques, sequences, procedures, or safety precautions and programs, which remain the Contractor's responsibility for its Work.
6.3 Access and Staging. The Customer will provide timely access to the Project and adequate space for materials, equipment, and staging. The Customer will disclose access restrictions, association rules, occupancy constraints, and known site conditions before Work begins.
6.4 Project Visits. The Contractor may permit prospective clients, partners, inspectors, consultants, or other third parties to visit the Project to view Work in progress or completed Work, provided visits do not unreasonably interfere with construction, violate safety requirements, or disclose Customer information contrary to Article 10.2.
6.5 Customer-Engaged Third Parties. The Customer will not bring, hire, allow, or engage third parties to perform, inspect, or provide services at the Project without prior written notice to and approval by the Contractor. The Contractor is not responsible for delays, defects, safety risks, damage, or additional costs caused by unauthorized third parties.
6.6 Coordination and Management Fee. Customer-requested or Customer-engaged third-party work is subject to the Contractor's scheduling, coordination, site-control, and written approval. Before that work begins, the parties will document any coordination, supervision, or project-management fee as a Change Order, whether the Customer pays the third party directly or indirectly. The Contractor is not responsible for delays, defects, or issues caused by such third parties.
ARTICLE 7. CHANGE ORDERS
7.1 Definition. A Change Order is a written change to the scope, plans, specifications, selections, price, payment schedule, Project schedule, or other Contract Document, including a change required by an unforeseen condition or event not reasonably anticipated when the Estimate was accepted.
7.2 Acceptance. A Change Order must describe the changed Work, price or pricing method, payment terms, schedule impact, and location or portion of the Project affected, and must be accepted in writing or electronically by both parties before the changed Work begins, except for emergency protection authorized by the Customer.
7.3 Payment and Time. Unless the Change Order states otherwise, 100% of its price is due before the changed Work is performed. Additional time required by a Change Order extends the Project schedule.
ARTICLE 8. CONTROLLING LAW
8.1 Florida Law. The Contract Documents and the parties' rights and obligations are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.
ARTICLE 9. INSURANCE AND RISK OF LOSS
9.1 Contractor Insurance. The Contractor will maintain workers' compensation and liability insurance required by law. Proof will be provided to an applicable condominium or homeowners' association when reasonably requested and required for the Project.
9.2 Customer Insurance. The Customer will maintain property insurance or builder's risk insurance for the full insurable value of the Project against fire, vandalism, malicious mischief, water intrusion, casualty, and other events beyond the Contractor's control and will provide proof upon reasonable request.
9.3 Risk of Loss. The Customer bears risk of loss to Work, materials, equipment, and supplies incorporated into or stored for the Project to the extent caused by fire, theft, vandalism, water intrusion, casualty, or other events beyond the Contractor's reasonable control, including at the Project or an off-site storage location arranged for it. The Contractor is responsible only to the extent loss is directly caused by its negligence or willful misconduct.
ARTICLE 10. GENERAL PROVISIONS
10.1 Concealed or Unknown Conditions. If concealed, subsurface, or unusual physical conditions differ materially from those ordinarily found or reasonably anticipated and increase cost or time, the parties will document an equitable adjustment to the Contract Price, Project schedule, or both by Change Order.
10.2 Photographs and Video. The Customer authorizes the Contractor to photograph and record the Project, Work in progress, and completed Work for documentation, quality control, warranty administration, and internal records. The Contractor may use Project images for portfolio, website, marketing, advertising, and social media, but will use reasonable efforts not to disclose the Customer's name, street address, contact or financial information, security information, family images, personal documents, or other personally identifiable or sensitive information without separate consent. The Contractor may crop, blur, or redact identifying details.
ARTICLE 11. HAZARDOUS MATERIALS, WASTE, ASBESTOS, AND LEAD
11.1 Hazardous Materials. Handling, disturbance, removal, or transportation of hazardous materials, waste, or asbestos is excluded unless expressly included in the accepted Estimate. Upon discovery, the Contractor will notify the Customer and may suspend affected Work until a properly licensed and qualified contractor is engaged. Related Work, cost, and time will be handled by Change Order.
11.2 Pre-1978 Property. If the Project property was built before 1978, by accepting the Estimate the Customer acknowledges receipt of the U.S. Environmental Protection Agency pamphlet "Protect Your Family From Lead in Your Home." For a multi-family dwelling, the Customer is responsible for providing required notices or pamphlets to tenants unless the Contract Documents expressly assign that responsibility to the Contractor.
ARTICLE 12. ARBITRATION OF DISPUTES
12.1 Arbitration. Any controversy or claim arising out of or relating to the Contract Documents or their breach will be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction.
12.2 Fees and Costs. In any arbitration or litigation arising out of or relating to the Contract Documents, the prevailing party is entitled to reasonable attorney fees, costs, and expenses.
ARTICLE 13. WARRANTY
13.1 Workmanship Warranty. Upon completion, the Contractor warrants the Work for one year against defects in workmanship. Materials and manufactured goods are covered only by their respective manufacturers' warranties, which control. The Customer must contact the applicable manufacturer for a material defect.
13.2 Exclusive Warranty and Claim Period. The express warranty in Article 13.1 is the sole warranty provided by the Contractor. To the extent permitted by applicable law, the Customer waives implied warranties, including fitness and merchantability, and neither party may initiate legal action relating to the Project, performance, or Contract Documents more than one year after completion or cessation of Work.
ARTICLE 14. DEFAULT, TERMINATION, AND CANCELLATION
14.1 Material Default. If either party substantially fails to perform the Contract Documents, the non-defaulting party may give written notice of default and pursue available remedies, including damages, reasonable attorney fees, and specific performance where available.
14.2 Customer Default. If the Customer defaults, the Contractor has a claim for Work performed; materials ordered; reasonable demobilization and protection costs; subcontractor and supplier cancellation costs; and profit lost on the unperformed remainder to the extent recoverable under applicable law.
14.3 Three-Business-Day Cancellation. The Customer may cancel the Project within three business days after the Project Effective Date by delivering written notice to DSB-USA.CORP at the address or email stated at the beginning of this Customer Agreement before the close of business on the third business day. If the Customer timely cancels, DSB-USA.CORP is entitled to payment for the reasonable value of services rendered and expenses incurred before receipt of the cancellation notice; the treatment of remaining amounts is subject to applicable law.
ARTICLE 15. ATTORNEY FEES
15.1 Prevailing Party. Consistent with Article 12.2, the prevailing party in arbitration or litigation arising from the Contract Documents is entitled to reasonable attorney fees, costs, and expenses.
ARTICLE 16. INSPECTION, COMPLETION, AND OCCUPANCY
16.1 Completion Inspection. Upon completion, the Customer and Contractor will inspect the Project, and the Contractor will make repairs required for substantial compliance with the Contract Documents, subject to Article 13.
16.2 Occupancy. The Customer will not occupy an area under construction before final payment is received and any required Certificate of Occupancy is obtained.
16.3 Acceptance by Occupancy. Subject to Article 13 and applicable law, occupancy in violation of Article 16.2 constitutes acceptance of the Project and waiver of visible defects or incomplete Work that the Customer did not identify in writing before occupancy.
ARTICLE 17. SEVERABILITY
17.1 Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary to reflect the parties' intent, and the remaining provisions remain in effect.
ARTICLE 18. PROJECT SCHEDULE
18.1 Schedule. The accepted Estimate states any Project-specific anticipated schedule. If it does not, the Contractor will use commercially reasonable efforts to complete the Work within six months after commencement, excluding extensions for Change Orders and delays caused by the Customer, permitting or governmental authorities, condominium or homeowners' associations, Customer-engaged parties, suppliers, financing, casualty, weather, force majeure, or other causes beyond the Contractor's reasonable control. Dates are estimates unless expressly stated as guaranteed in the accepted Estimate.
ARTICLE A. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND
PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
1940 N. MONROE STREET, SUITE 33
TALLAHASSEE, FL 32399-1039