Bright Christmas Lights LLC DBA Services By Bright

Terms & Conditions

Contact Information
Phone: (417) 217-7477
Email: Support@ServicesByBright.com
Website: www.ServicesByBright.com

 

1. Agreement Overview

By placing an order with Bright Christmas Lights LLC, also known as Services By Bright (“Bright”), the Customer agrees to the following Terms & Conditions.

These Terms form a legally binding agreement governing all services provided by Bright and are incorporated into each approved quote, estimate, proposal, service agreement, or order.

 

2. Quote Validity

Unless otherwise stated in writing, all quotes and estimates are valid for 12 days from the date issued and are subject to availability of materials and scheduling.

 

3. Payments & Authorizations

3.1 Initial Payment

A 50% deposit is required to secure service unless otherwise stated in writing.

The remaining balance is due in accordance with the invoice, quote, or applicable service-specific payment terms.

3.2 Automatic Card Authorization

By placing an order, the Customer authorizes Bright to charge the payment method on file for any remaining balance on or after the applicable due date in accordance with these Terms & Conditions.

Bright may charge the payment method at the time of service completion when the applicable quote, invoice, or service-specific terms provide that payment is due upon completion.

Customers may update or change their payment method before completion or before any scheduled charge date.

3.3 Payment by Check

Checks must be made payable to Services By Bright.

When paying by check, full payment may be required to book.

Returned or dishonored checks may be subject to a service charge of up to $25, plus any actual fee charged to Bright by its financial institution, to the extent permitted by applicable law.

3.4 Payment Terms

Unless otherwise stated in writing, invoices are due Net 5, meaning five (5) days from the date the invoice is sent.

Christmas and holiday lighting services are also subject to the specific payment deadlines contained in Section 11.3(j).

3.5 Late Payment

Payments not received by the due date may be assessed a one-time $25 late fee, to the extent permitted by applicable law.

Unpaid balances may also accrue simple interest at 9% per year beginning after the balance becomes due and payable, or at a lower rate if required by applicable law.

Accounts more than 30 days overdue may be referred to collections and may result in suspension of current or future services.

3.6 Non-Payment

If payment remains unpaid more than 45 days after service completion or the applicable due date, Bright reserves the right, where permitted by law, to recover, remove, disconnect, disable, or retain possession of rented or installed materials belonging to Bright.

Except for commercial mounting bases as specifically addressed in Section 11.3(d), all Bright-owned Christmas and holiday lighting materials remain Bright's property.

For rented or seasonal installations, ownership of Bright's rental materials does not transfer to the Customer.

For permanent installations, including JellyFish Lighting, ownership transfers to the Customer only after full payment has been received.

The Customer agrees to provide Bright reasonable access to recover Bright-owned property as further provided in Section 11.3(g).

Bright's contractual right to recover its property does not authorize forced entry into a building, locked structure, secured area, or property where Bright does not otherwise have lawful access.

In any legal action or collection proceeding arising from non-payment or default, attorney's fees and costs shall be governed by Section 12.8.

3.7 Deposits

Unless otherwise stated in writing, the initial deposit covers administrative costs, scheduling commitments, and material expenses incurred before service.

After expiration of any applicable statutory cancellation period, deposits are non-refundable except as expressly provided in these Terms or as otherwise required by law.

 

4. Service Scheduling, Property Authorization, Cancellations & Access

4.1 Customer Responsibilities & Access

Customers must provide Bright with reasonable and safe access to the property on scheduled service days, including unlocked gates, available parking, and access to areas included in the approved scope of work.

Pets must be secured, and obstacles that could interfere with service should be removed.

If Bright cannot perform scheduled work because of a locked gate, unsecured pet, unavailable access, obstruction, vehicle, customer-caused delay, or other circumstance within the Customer's control, a return-trip fee of up to $75 may apply.

4.2 Property Authority & Required Approvals

By approving a quote or authorizing work, the Customer represents that the Customer either:

1. Owns the property where the work will be performed; or

2. Has sufficient authority from the property owner to authorize Bright to perform the approved work.

The Customer is responsible for obtaining any required approval or permission from the property owner, landlord, property-management company, homeowners association, condominium association, commercial property association, building owner, or other person or organization whose approval is required, unless Bright specifically agrees in writing to obtain such approval.

The Customer is also responsible for obtaining governmental approvals or permits that are the Customer's legal responsibility.

Bright remains responsible for obtaining any permit, license, inspection, registration, or governmental approval that applicable law specifically requires Bright, as the contractor or service provider, to obtain.

Bright may rely on the Customer's representation that all approvals and permissions for which the Customer is responsible have been obtained.

The Customer is responsible for notifying Bright before work begins of any restrictions involving attachment methods, roof access, exterior modifications, electrical connections, mounting locations, historical-building requirements, property-management rules, HOA requirements, or similar restrictions.

If Bright is unable to perform the approved work because the Customer failed to obtain a required approval or authorization for which the Customer was responsible, applicable cancellation, rescheduling, return-trip, material, or restocking charges may apply, subject to applicable law.

4.3 Unsafe Conditions

Bright reserves the right to cancel, suspend, or reschedule any service its field team determines cannot be performed safely.

If an unsafe condition is caused by, located on, or associated with the Customer's property or circumstances outside Bright's reasonable control, Bright may cancel or reschedule the affected work.

If Bright permanently cancels work because of such an unsafe condition, amounts paid for work that will not be performed will be refunded less reasonable, non-recoverable costs already incurred for job-specific materials, preparation, scheduling commitments, or other project expenses, to the extent permitted by applicable law.

If Bright permanently cancels the service for reasons attributable solely to Bright and not because of the Customer, property conditions, or circumstances outside Bright's reasonable control, Bright will refund amounts paid for the canceled work.

Nothing in this Section limits any refund or cancellation right that applicable law does not permit the parties to waive.

4.4 Customer Cancellations & Rescheduling

Customers must provide at least 48 hours' notice when requesting cancellation or rescheduling.

Failure to provide at least 48 hours' notice may result in a cancellation or rescheduling fee not to exceed the greater of $75 or 10% of the quoted price, to the extent permitted by applicable law.

If special-order or job-specific materials have already been ordered, purchased, prepared, cut, assembled, or allocated to the project, a 10% restocking fee may also apply.

These contractual cancellation provisions are subject to any cancellation rights provided to the Customer by applicable law.

4.5 Weather & Scheduling Delays

Service dates and completion dates may be delayed because of weather, unsafe conditions, material shortages, scheduling disruptions, supplier delays, or other unforeseen circumstances.

Reasonable delays outside Bright's control do not entitle the Customer to a refund or compensation.

4.6 Right to Refuse, Suspend or Terminate Service

Bright reserves the right to refuse, suspend, or discontinue service because of unsafe conditions, customer misconduct, harassment, threats, non-payment, unauthorized interference with Bright's work or equipment, or failure to comply with these Terms & Conditions.

4.7 Statutory Cancellation Rights

Nothing in these Terms limits or waives any cancellation, rescission, refund, or other consumer right that cannot legally be waived.

Certain consumer transactions completed through an in-home or other qualifying solicitation may be subject to additional state or federal cancellation rights.

When applicable, any legally required cancellation notice or cancellation period will control over conflicting provisions of these Terms.

 

5. Property & Liability

5.1 Pre-Existing Conditions

Bright is not responsible for damage, deterioration, defects, or unsafe conditions that existed before work began.

Bright may photograph or otherwise document the condition of the property before, during, or after service.

5.2 Property Damage

Bright will exercise reasonable care while performing services.

Bright is not responsible for damage involving hidden, buried, concealed, deteriorated, improperly installed, defective, or undisclosed property conditions or components, including underground pipes, irrigation systems, sprinkler heads, landscape lighting, electrical components, roofing defects, siding defects, gutters, trim, masonry, deteriorated wood, or similar items that are not reasonably visible or identifiable before work begins.

Bright is not responsible for roof leaks, gutter separation or sagging, structural failure, or similar damage resulting from pre-existing deterioration, improper installation, insufficient structural support, accumulated snow, ice, debris, or other conditions outside Bright's reasonable control.

The Customer is responsible for informing Bright of known hidden, non-visible, defective, deteriorated, or unusually fragile conditions before service begins.

If Bright causes direct physical damage to the Customer's property through Bright's negligence, Bright will, as appropriate, repair the directly damaged property or reimburse the Customer for reasonable direct repair costs, subject to the limitations contained in this Agreement.

5.3 Limitation of Liability

Except for direct damages addressed in Section 5.2 or liability that cannot legally be excluded or limited, Bright is not responsible for indirect, incidental, special, consequential, punitive, or economic losses arising from its services.

This includes, where permitted by law, loss of use, lost revenue, lost profits, business interruption, loss of business opportunity, or similar consequential damages.

To the maximum extent permitted by applicable law, Bright's aggregate liability for direct property damage arising from a particular service or project shall not exceed the greater of:

(a) the amount paid or payable to Bright for the affected service or project; or
(b) $10,000.

This limitation does not apply to liability resulting from bodily injury caused by Bright, gross negligence, willful misconduct, fraud, or any liability that applicable law does not permit Bright to limit.

Nothing in these Terms excludes or limits liability to the extent such liability cannot legally be excluded or limited.

5.4 Customer-Supplied Power, Electrical Systems & Water

Customers must provide safe, accessible, and functioning electrical outlets, water spigots, or other utilities when required for the quoted service.

The Customer is responsible for maintaining adequate and functioning electrical service, outlets, breakers, GFCI/GFI devices, circuits, and other customer-owned electrical components necessary to operate installed lighting.

Bright is not responsible for failures, outages, damage, tripped breakers, electrical faults, or other problems caused by defective, inadequate, overloaded, improperly installed, or customer-controlled utilities or connections.

If a service visit is requested and Bright determines that the issue is caused by the Customer's electrical system, lack of available power, a tripped breaker or GFCI/GFI device, faulty or non-functioning outlet, disconnected power source, customer-supplied equipment, or another condition outside Bright's installation, included service, maintenance obligations, or applicable warranty, the visit will be treated as a Non-Covered Service Visit under Section 10.3 and will be subject to the applicable $75 service-call fee, $100 per man-hour labor rate, materials, and other applicable charges.

No Non-Covered Service Visit charges will apply when Bright determines that the issue resulted from Bright's workmanship, Bright-owned seasonal lighting equipment during an included service period, or another condition for which labor and service-call coverage is expressly included under an applicable warranty or maintenance obligation.

5.5 Damage to Bright's Products or Equipment

Bright is not responsible for damage to installed products caused by Customer negligence, tampering, unauthorized alterations, third parties, animals, pests, vehicles, construction activity, landscaping activity, severe weather, or other causes outside Bright's control.

Replacement materials, labor, and service-call charges may apply when damage is not covered by an applicable Bright warranty or seasonal maintenance obligation.

 

6. Customer Media, Privacy & Data

Bright may photograph or record completed work and worksites for documentation, advertising, portfolio, training, or promotional purposes.

Customers who do not consent to marketing use of photographs or recordings must notify Bright in writing before service.

Bright will not intentionally publish personally identifiable Customer information in marketing materials without permission.

The Customer grants Bright a perpetual, royalty-free license to use permitted photographs or recordings for marketing, portfolio, and training purposes.

Bright maintains reasonable safeguards for Customer information and does not intentionally share personal information except as reasonably necessary to provide services, process payments, administer its business, work with service providers or subcontractors, or comply with legal obligations.

 

7. Insurance

Bright maintains commercial general liability insurance for the protection of its business, customers, and property, subject to the terms, conditions, exclusions, and limits of Bright's applicable insurance policies.

 

8. Customer Satisfaction & Claims

Bright strives to provide exceptional service and asks Customers to contact Bright promptly with any concern regarding workmanship, service quality, or alleged property damage.

Claims regarding alleged property damage or dissatisfaction with service quality should be submitted in writing as soon as reasonably possible and, when reasonably discoverable, within 48 hours of service completion or discovery of the issue so Bright has a reasonable opportunity to inspect the condition and address the concern.

Where a service-specific warranty or provision in these Terms provides a different claim-reporting period, the service-specific claim-reporting period controls.

A delay in reporting may limit Bright's ability to investigate, verify, or remedy a claim.

 

9. Referral Program

When an existing Customer refers a new Customer who books and pays for a qualifying service, the existing Customer receives a $50 credit toward their next booked service, and the referred Customer receives a $50 credit toward their qualifying service.

Referral credits are non-transferable, have no cash value, and may not be redeemed for cash.

 

10. Service Agreements, Scope of Work & Personnel

10.1 Scope of Work

An approved quote, signed agreement, electronic approval, or payment constitutes acceptance of the quoted scope of work, pricing, these Terms & Conditions, and any service-specific provisions incorporated into the quote.

The written quote or proposal determines the specific work included in the Customer's project.

Work or materials not included in the approved quote are considered additional work and may require a written change order and additional payment.

No verbal or informal agreement modifies the written quote or these Terms unless confirmed in writing by Bright.

10.2 Employees, Contractors & Subcontractors

Bright may perform or arrange for services using its employees, independent contractors, subcontractors, specialty contractors, or other qualified service providers selected by Bright.

The Customer authorizes Bright to determine and assign the personnel or subcontractors used to complete the approved scope of work, and individual crew members may vary throughout the project or service period.

The Customer's agreement remains with Bright Christmas Lights LLC DBA Services By Bright, regardless of whether all or part of the work is performed by an employee, independent contractor, or subcontractor.

Bright remains the Customer's primary point of contact for questions, payments, scheduling, service requests, warranty claims, complaints, or concerns relating to work contracted through Bright.

The use of a subcontractor does not create a separate contractual relationship between the Customer and the subcontractor for work included in Bright's agreement with the Customer.

Any requested changes to the scope of work, pricing, materials, scheduling commitments, or other contractual terms must be approved by Bright.

The Customer should not make payment directly to a Bright employee, contractor, or subcontractor for work included in the Customer's agreement with Bright unless Bright provides written authorization.

10.3 Non-Covered Service Visits

Service visits that are not included in the original quoted service, included maintenance, or an applicable Bright warranty are considered Non-Covered Service Visits and are subject to the following charges.

Service-Call Fee

A $75 service-call fee applies for dispatching Bright personnel to the property.

The service-call fee is charged in addition to labor, parts, materials, equipment, and any other applicable charges.

Labor

Once Bright personnel arrive at the service location, labor is billed at $100 per man-hour.

Labor time begins upon arrival at the property and is billed in 15-minute increments.

A “man-hour” means one hour of labor performed by one person.

Examples:

• One technician working for one hour = one man-hour.

• Two technicians working for one hour = two man-hours.

• Two technicians working for 30 minutes = one man-hour.

Each individual's labor time is calculated in 15-minute increments.

Service Area & Travel

For purposes of this Section, Bright's normal service area means the geographic service area stated in the Customer's original quote or otherwise communicated or published by Bright at the time the original service was booked.

Travel within Bright's normal service area is included in the $75 service-call fee.

For properties outside Bright's normal service area, the portion of travel time beyond Bright's normal service area may be billed at $100 per man-hour, based on the number of Bright personnel traveling and billed in 15-minute increments.

Parts, Materials & Equipment

Parts, materials, replacement products, specialty equipment, rentals, or other costs required to diagnose, repair, modify, or complete the requested service may be charged separately.

Covered vs. Non-Covered Visits

Non-Covered Service Visit charges do not apply to service that Bright determines is covered by:

• An applicable Bright labor or workmanship warranty

• Included seasonal maintenance

• Bright's then-current workmanship obligations

• Normal failure of Bright-owned seasonal lighting equipment during the applicable service period

A materials-only warranty does not automatically include labor or service-call charges unless the applicable warranty expressly provides otherwise.

If Bright determines after arriving at the property that the reported issue is not covered by an applicable labor or workmanship warranty, included maintenance, or other included service obligation, the Non-Covered Service Visit charges described in this Section will apply.

 

11. Service-Specific Terms

11.1 Gutter Cleaning

Gutter-cleaning service includes cleaning the gutters and accessible portions of downspouts for the areas specifically included in the quote.

Downspouts that extend underground are cleared only from the accessible upper portion, generally approximately the first 3–5 feet.

Bright does not guarantee clearing underground drainage systems unless specifically included in the written quote.

 

11.2 JellyFish Permanent Lighting

a. Change Orders

Any modification to the approved installation must be documented and accepted in writing.

Additional charges resulting from a change order are due according to the terms stated in the change order.

b. Additional Charges

Programming, setup, electrical work, additional materials, or other work not included in the approved proposal may result in additional charges.

Bright is not responsible for trenching, conduit work, drywall repair, painting, structural repair, or similar work unless specifically included in the written proposal.

c. Customer-Furnished Equipment

Bright is not responsible for the compatibility, reliability, performance, or warranty of equipment or materials supplied by the Customer or another third party.

d. Cancellation After Material Purchase

Orders canceled after job-specific materials have been purchased, ordered, prepared, assembled, or allocated may be subject to a 10% restocking fee, in addition to other applicable cancellation provisions.

e. Customer Training

Initial system training is included at no additional charge when the Customer or an authorized representative is available at the completion of installation.

If a separate return visit is requested for on-site training, a $150 training/service fee may apply.

f. Warranty

Labor & Workmanship Warranty: 1 Year

Bright warrants its installation labor and workmanship for one (1) year from the date of substantial completion.

Materials Warranty: 5 Years

Covered JellyFish lighting materials installed and supplied by Bright, including qualifying lights and power supplies, are warranted for five (5) years from the date of substantial completion.

The five-year materials warranty and one-year labor/workmanship warranty are separate warranties.

After expiration of the one-year labor and workmanship warranty, qualifying replacement parts or materials may continue to be provided under the applicable materials warranty; however, service-call and labor charges under Section 10.3 will apply unless labor is expressly covered by another applicable warranty or written agreement.

Warranty coverage is valid only after the account has been paid in full.

Warranty coverage does not include:

• Wi-Fi, Bluetooth, internet, networking, or other connectivity issues outside the installed lighting hardware

• Customer-supplied equipment

• Damage caused by third parties, animals, pests, vehicles, construction, remodeling, or landscaping

• Damage caused by severe weather or other external events outside Bright's control

• Electrical-system or power-supply problems outside Bright's installation scope

• Unauthorized modification, relocation, alteration, or repair by anyone other than Bright

Warranty coverage may be voided for affected components if non-Bright personnel alter, relocate, modify, or repair the installation.

Warranty claims should be submitted in writing within 10 days after the Customer discovers the issue, and Bright must be given a reasonable opportunity to inspect the installation before third-party repairs are performed.

If Bright determines that a requested service visit is not covered by the applicable labor or workmanship warranty, the visit will be treated as a Non-Covered Service Visit under Section 10.3, even when a qualifying replacement part is provided under the materials warranty.

 

11.3 Christmas & Holiday Lighting

a. Ownership & Seasonal Rental

Except for semi-permanent commercial mounting bases addressed in Section 11.3(d), all Christmas and holiday lighting materials supplied by Bright—including bulbs, wire, cords, clips, timers, extension cords, and accessories—remain the sole property of Bright.

Customers are purchasing a seasonal rental and service, which includes the services and materials specified in the approved quote and typically includes materials, installation, seasonal maintenance, takedown, and storage.

Christmas and holiday lighting rental materials are not sold or transferred to the Customer.

Ownership of Bright's seasonal rental products remains with Bright indefinitely.

b. Seasonal Maintenance

Bright will provide reasonable seasonal maintenance for failures of Bright-owned Christmas and holiday lighting materials during the applicable display season.

Defective or normally worn Bright-owned rental lighting products will be repaired or replaced as reasonably necessary at no additional charge.

Seasonal maintenance is performed as scheduling, weather, accessibility, and safe working conditions permit. Unless specifically agreed in writing, Bright does not guarantee same-day service or a specific response time for maintenance requests.

Included seasonal maintenance does not cover failures or damage caused by:

• Customer electrical systems or lack of available power

• Tripped or defective customer-owned breakers or GFCI/GFI devices

• Customer or third-party tampering or alterations

• Animals or pests

• Vehicles

• Construction, remodeling, roofing, landscaping, or other work performed by others

• Severe weather, falling limbs, snow, ice, or other external physical damage

• Customer-supplied equipment

• Other conditions outside Bright's installation or Bright-owned seasonal lighting equipment

Service visits for excluded conditions will be treated as Non-Covered Service Visits under Section 10.3, including the applicable service-call fee, labor, materials, and other charges.

c. Installation on Buildings, Windows & Garages

Bright uses installation methods and fasteners appropriate for the surface and application.

Non-permanent attachment methods are used where reasonably practical; however, minor holes, marks, adhesive residue, compression marks, or similar effects may occur depending on the installation surface and method required.

The Customer authorizes Bright to use reasonable attachment methods necessary to complete the approved installation.

d. Commercial Installations & Mounting Bases

Commercial Christmas-light installations may require semi-permanent mounting bases to be installed on the building.

These bases allow the lights to remain securely attached and evenly spaced and are designed to be low-profile and typically not visible from the ground.

Upon installation, commercial mounting bases become the property of the property owner and are excluded from Bright's seasonal rental materials.

The mounting bases remain attached to the building after the seasonal lights are removed so they may be reused in future seasons.

Commercial mounting bases are excluded from Bright's normal seasonal takedown and storage obligations. Bright is not required to retrieve or store the mounting bases after installation.

Removal of commercial mounting bases, removal of associated fasteners or adhesives, and repair or restoration of the underlying surface are not included in the quoted seasonal price unless specifically stated otherwise in writing.

The Customer confirms that any required property-owner, landlord, property-management, governmental, or other authorization for installation of the mounting bases for which the Customer is responsible has been obtained as provided in Section 4.2.

e. Color Selection & Color Changes

Available bulb colors may include:

• Sun Warm White

• Pure White

• Red

• Green

• Blue

• Orange

• Purple

Customers may choose a single color or an available combination of colors.

Examples include:

Candy Cane – Red & Pure White
Multi-Color – Red, Sun Warm White, Green & Blue

Sun Warm White is the default color unless the approved quote specifies otherwise.

Customers requesting a different initial color or color combination must notify Bright before approving the quote.

After approval, changes to the selected color may be treated as a change order and may result in additional charges.

For returning Customers who want to change colors from one season to another, the color-change fee is:

$150 or 20% of the then-current quoted seasonal job price, whichever is greater.

For lighting installed in September, the reduced color-change fee is:

$100 or 10% of the then-current quoted seasonal job price, whichever is greater.

Lights installed early may remain turned off until the Customer's preferred activation date.

Color choices and color-change requests are subject to product availability.

f. Customer Responsibilities

Customers may not alter, relocate, disconnect, remove, repair, or allow another person to alter or remove Bright-owned seasonal lighting products without Bright's authorization.

Lost, damaged, altered, or missing Bright-owned products resulting from negligence, tampering, unauthorized removal, or causes outside normal wear may be billed to the Customer at replacement cost, including applicable labor.

Customers must provide reasonable property access for installation, maintenance, service, takedown, and retrieval of Bright-owned materials.

g. Takedown & Retrieval of Bright-Owned Materials

Seasonal takedowns generally begin in January and continue as weather, scheduling, and safe working conditions permit.

Specific takedown dates are not guaranteed unless expressly stated in writing.

The Customer must provide reasonable access to the property for takedown.

Commercial mounting bases described in Section 11.3(d) are not removed during normal seasonal takedown.

Upon expiration or termination of the seasonal service, cancellation, non-payment, or other circumstance requiring retrieval of Bright-owned seasonal materials, the Customer agrees to provide Bright reasonable access to the exterior areas of the property necessary to retrieve Bright's materials.

Bright may contact the Customer to coordinate access when necessary.

Nothing in these Terms authorizes Bright or its personnel to forcibly enter a locked building, structure, gate, or secured area.

Failure or refusal to provide reasonable access to retrieve Bright-owned property may result in the Customer being responsible for reasonable replacement costs, retrieval expenses, collection costs, or other remedies available to Bright under these Terms and applicable law.

h. Repeat Service, Renewal & Stored Materials

Christmas and holiday lighting service does not automatically renew for a subsequent season unless otherwise provided in a separate written agreement.

Returning service is subject to Bright's then-current pricing, applicable discounts, material availability, and scheduling availability unless different terms have been agreed to in writing.

Storage of Bright-owned seasonal lighting materials does not create any ownership, purchase, security, or possessory right in favor of the Customer.

If a Customer elects not to reinstall their seasonal display in a future year, Bright may retain, repurpose, reconfigure, reuse, modify, or dispose of Bright-owned stored rental materials at Bright's discretion.

The Customer does not acquire ownership of Bright-owned rental materials because the Customer previously paid for seasonal lighting service, because the materials were customized for a particular property, or because Bright stored the materials between seasons.

i. Repeat Customer & Early Installation Discounts

Discounts are subject to availability, scheduling capacity, and the terms stated in the Customer's quote.

Residential Christmas Lighting

• 20% Off – September Installation

• 10% Off – October Installation

• 10% Off – Repeat Customer Discount beginning in Year 2

• Maximum combined discount: 30%

Commercial Christmas Lighting

• 10% Off – September Installation

• 10% Off – Repeat Customer Discount beginning in Year 2

• Maximum combined discount: 20%

Unless otherwise stated in writing, multi-year agreements with fixed or specially negotiated pricing are not eligible for additional repeat-customer or early-installation discounts.

Discounts are subject to availability, have no cash value, and apply only to qualifying services.

j. Christmas Lighting Payment Deadlines

Regardless of the general payment terms in Section 3, all Christmas and holiday lighting installations must be paid in full prior to December 12 of the applicable installation season.

Any remaining balance must be received no later than December 11, unless Bright agrees to different payment terms in writing.

Christmas or holiday lighting orders booked on or after December 12 require 100% payment at the time of booking, unless Bright agrees otherwise in writing.

If full payment has not been received by the applicable deadline, Bright reserves the right, where legally permitted, to suspend maintenance or other services and/or disconnect and remove Bright-owned seasonal lighting materials from the property.

An email sent to the Customer's email address on file may constitute notice of Bright's intent to exercise its contractual remedies.

Failure to meet payment deadlines may also result in collection activity, loss of future scheduling priority, and other remedies permitted by these Terms or applicable law.

Any deposit forfeiture is subject to applicable cancellation and consumer-protection laws.

 

12. Legal Terms

12.1 Force Majeure

Bright is not responsible for delay or non-performance caused by circumstances reasonably outside its control, including severe weather, unsafe working conditions, natural disasters, utility outages, government action, labor disruptions, material shortages, supplier delays, transportation interruptions, or similar events.

Bright will make reasonable efforts to resume or reschedule affected work when circumstances permit.

12.2 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

12.3 Entire Agreement

The approved quote or service agreement together with these Terms & Conditions constitutes the agreement between Bright and the Customer concerning the applicable service and supersedes prior oral or written representations concerning that service.

No verbal promise or informal communication changes these Terms or the approved scope unless confirmed in writing by Bright.

Christmas and holiday lighting services are provided strictly as seasonal rental services and do not include the sale or transfer of Bright-owned seasonal lighting materials except where expressly stated otherwise.

12.4 Governing Law & Venue

These Terms shall be governed by the laws of the State of Missouri, without regard to conflict-of-law principles.

Subject to the dispute-resolution provisions below and any venue requirement that cannot legally be waived, venue for legal proceedings arising from these Terms shall be in Webster County, Missouri.

12.5 Dispute Resolution

Before commencing formal proceedings, the parties agree to make a good-faith effort to resolve disputes directly.

If a dispute cannot be resolved informally, the parties agree to first attempt resolution through mediation.

If mediation does not resolve the dispute, the dispute shall, to the extent permitted and enforceable under applicable law, be resolved through binding arbitration administered under the applicable rules of the American Arbitration Association (AAA).

Unless otherwise required by applicable law or agreed by the parties, arbitration shall take place in or be administered from Webster County, Missouri.

By agreeing to binding arbitration, the parties understand that disputes submitted to arbitration generally will not be decided by a judge or jury.

Exceptions to Arbitration

Notwithstanding the foregoing:

• Either party may bring an eligible claim in small claims court instead of arbitration.

• Bright may pursue the collection of undisputed amounts owed under this Agreement through lawful collection procedures.

• Bright may pursue lawful remedies necessary to recover, protect, or preserve Bright-owned property.

• Either party may seek temporary, emergency, injunctive, or other equitable relief from a court of competent jurisdiction when reasonably necessary to prevent immediate or irreparable harm.

• Bright may preserve, perfect, or enforce any mechanic's lien or similar statutory payment remedy that may be available under applicable law.

The use of one of these exceptions does not waive the right to require arbitration of other claims or disputes that remain subject to this Section.

The arbitrator may award any remedy authorized by this Agreement and applicable law.

Unless otherwise required by applicable law, applicable arbitration rules, or the arbitrator's award, each party shall initially be responsible for its own costs and fees associated with the dispute.

Nothing in this Section eliminates any right or remedy that applicable law prohibits the parties from waiving.

12.6 Electronic Consent

The Customer agrees that electronic approvals, electronic signatures, digital documents, online quote approvals, payment authorizations, and email communications may be used in connection with Bright's services and may constitute valid acceptance to the extent permitted by applicable law.

12.7 Revisions

Bright may revise these Terms & Conditions periodically.

Unless otherwise required by law or agreed in writing, the version in effect and provided or made available to the Customer at the time a service is booked applies to that service.

12.8 Attorney's Fees & Costs

In any legal proceeding arising from these Terms, the prevailing party may recover reasonable attorney's fees and costs to the extent authorized by this Agreement and permitted by applicable law.

 

13. Acknowledgment

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

By accepting or electronically approving a quote or service agreement, signing an agreement, or making payment toward a booked service, the Customer acknowledges that they have received or been provided access to these Terms & Conditions and agrees to be bound by them.

The Customer acknowledges that they have had the opportunity to review the scope of work, pricing, payment requirements, service-specific terms, and these Terms & Conditions before acceptance.