Terms of Service
The terms for using this site, the TONY250 residential offer and the Neighbor Referral program.
Agreement to these terms
These terms govern your use of tonyspaintingca.com and your dealings with Tony's Painting CA Inc. ("we" or "us") through the site, by phone, text or email, and through our promotions and referral program. By using the site, requesting an estimate, or taking part in a promotion or the referral program, you agree to these terms and to our Privacy Policy. If you do not agree, do not use the site.
Who may use the site
You must be at least 18 to request an estimate, book a visit, or take part in a promotion or the referral program. By requesting work on a property you confirm that you own it or are authorized by the owner to arrange the work.
Estimates, proposals and contracts
Information on this site is general information about our services. It is not a quote, a promise of availability, or professional advice about your property. Any price, timeline or scope mentioned on the site, in an advertisement, or by phone, text or email before a written proposal is an estimate only and is not binding. Painting work is governed solely by the written proposal and the contract signed for that project, which set the scope, surfaces, materials, price, schedule, exclusions, change-order procedure, payment terms and any workmanship guarantee. Where this site and a signed contract differ, the contract controls. We may decline any project at our discretion, including where conditions are unsafe, the work is outside our license classification, or the property cannot be accessed.
Site visits and scheduling
Estimate visits are subject to availability and may be rescheduled. Project dates are set in the contract and may move for weather, material availability, access, permits, or conditions discovered on site. We are not liable for delays caused by events outside our control, and any resulting change to scope or price is handled by a written change order.
Licensing and insurance
Tony's Painting CA Inc. holds California Contractors State License Board license #803527, classification C-33 (Painting and Decorating). Contractors are required by law to be licensed and regulated by the CSLB, which has jurisdiction to investigate complaints against licensed contractors. You can verify our license at cslb.ca.gov. The insurance carried on each job is stated on the written proposal.
Communications
When you submit a form, book online, call or text us, you agree that we may contact you by phone, text message and email about your request and any project we perform for you, as described in our Privacy Policy. Agreeing to receive texts is not a condition of purchase. Reply STOP to any text to opt out.
Promotions and referral rewards: general rules
These rules apply to every discount, promotion and referral reward we offer, including the TONY250 offer and the Neighbor Referral program described below.
- Goodwill programs. Discounts, promotions and referral rewards are voluntary programs offered by Tony's Painting CA Inc. They are not part of any contract unless the discount is written on a signed proposal, and no reward is owed until we have confirmed in writing that every condition of the program has been met.
- We decide eligibility. We decide, in our sole discretion, whether a project, customer or referral meets the conditions of a program and whether a discount or reward is due.
- When we may decline, withhold, reduce or reverse a discount or reward. Including where a condition was not met; a discount was requested after the proposal was signed; information given to us was inaccurate, incomplete or misleading; the program is being used in a way it was not intended, such as self-referrals, referrals of people who did not agree to be contacted, splitting or restructuring a project to qualify, claiming a customer who contacted us on their own, or repeated referrals that do not turn into projects; the referred project is cancelled, not completed, not paid in full, disputed, refunded in whole or in part, or subject to a chargeback; or the person claiming it is not eligible.
- Changes. We may change, limit, suspend or end any program at any time, with or without notice, by updating this page. A discount already written on a signed proposal, and a referral reward we have already confirmed in writing, are honored under the terms in effect when they were confirmed.
- Limits. Discounts and rewards have no cash value except as stated, are not transferable, cannot be combined with any other offer unless we say so in writing, and may be limited per person, household, property or period. We may substitute a reward of equal value.
- Taxes and verification. Any tax on a referral reward is the recipient's responsibility. We may require identification, a mailing address or a completed IRS Form W-9 before paying a reward, and we may report rewards as the law requires.
- Errors. If a discount or reward is applied or paid by mistake, we may correct it, including by invoicing the amount or offsetting it against another reward.
Promotion terms: TONY250
- The offer is $250 off any interior or exterior residential painting project with a signed proposal total of $2,500 or more before the discount.
- Residential projects only. It does not apply to HOA, commercial, property management, multi-unit or public-sector work.
- Mention code TONY250 when you request your free estimate or at the site visit. If the project qualifies, the discount is written on your proposal before any work begins. It is not applied to contracts that have already been signed and it is not applied retroactively.
- One discount per project, and one per property in any 12-month period. It cannot be combined with any other offer or discount. If the project is cancelled or reduced below $2,500 the discount no longer applies.
- The discount is applied to the project price. It has no cash value and is not transferable.
- The offer is valid until we withdraw it, and we may withdraw it at any time by removing it from this site. The general rules above apply, including our right to decide whether a project qualifies and to change or end the offer at any time. A discount already written on a signed proposal is honored.
Referral program terms: Neighbor Referral
- The reward is $100 to the referrer for each referred painting project that is completed and paid in full. Any residential or commercial project with a signed proposal of $2,500 or more, before discounts, qualifies.
- The referrer must be named in the "Referred by" field of the referred customer's estimate request, or at the site visit, before the proposal is signed. A referrer cannot be added to a signed proposal. One reward per project; if more than one person is named, the first named is the referrer.
- The referred customer must be new to Tony's Painting CA Inc., meaning no project with us in the 24 months before the referral. The referrer and the referred customer cannot be the same person, household or property. If you send us someone's contact details, they must have agreed to hear from us.
- A reward is earned only after the final walkthrough is signed off, the final invoice is paid in full, and we have confirmed in writing that the conditions were met. We pay confirmed rewards within 30 days of confirmation, by check or Zelle at the referrer's choice. We may ask for identification, a mailing address or a Form W-9 first.
- There is no set limit on the number of referrals per person. We may cap rewards per person or per year, and we may decline, withhold or reverse a reward, under the general rules above.
- Employees, subcontractors and members of their households are not eligible. Realtors, property managers and other professionals may take part where their own rules and the law allow, which is their responsibility to confirm.
- If the referred project is residential, the referred customer may also use the TONY250 offer under the promotion terms above. The TONY250 discount is not available on commercial, HOA, property management, multi-unit or public-sector work.
- Contact details sent with a referral are used only to respond to that referral. See the privacy policy.
- We may change or end the program at any time. A reward we have already confirmed in writing is honored.
Reviews, photos and content you send us
If you send us photos, messages or feedback, you keep ownership of them and give us a non-exclusive, royalty-free license to use them to prepare your proposal, perform and document the work, and improve our services. We use photos of your property in our marketing only with your permission, as described in the Privacy Policy. Do not send content that is unlawful, that you do not have the right to share, or that contains another person's personal information without their consent. Reviews you post on Google or other platforms are governed by those platforms' terms, and we may quote public reviews. We do not pay for reviews and no discount or reward depends on leaving one.
Intellectual property
The text, photos, video, logo and design of this site belong to Tony's Painting CA Inc. or are used under license. You may view and print pages for personal, non-commercial use. You may not copy, scrape, republish, frame or otherwise use them without our written consent. The Tony's Painting name and logo are our trademarks.
Acceptable use
You agree not to use the site to send spam or false requests, to submit another person's information without their consent, to interfere with the site's operation or security, or to collect information from it with automated tools. We may block access for misuse.
Third-party services and links
The site embeds and links to services we do not control, including online booking, our form provider, a reviews widget, analytics, license verification and social media. Their content, availability and terms are their own, and you use them at your own risk.
Disclaimers
The site is provided as is and as available. To the fullest extent permitted by law, we disclaim all promises and conditions about the site, express or implied, including that it will be accurate, complete, error-free, secure or uninterrupted. Colors shown on a screen can differ from applied paint. Any workmanship guarantee that applies to a painting project is stated in the signed contract and nowhere else; nothing on this site creates, extends or modifies a guarantee.
Limitation of liability
To the fullest extent permitted by law, Tony's Painting CA Inc. and its owners, employees and agents are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of the site, its content, or any promotion or referral program, even if we were advised of the possibility. Our total liability for any claim relating to the site or to a promotion or referral program is limited to the greater of one hundred dollars ($100) or the amount of the discount or reward at issue. Nothing in these terms limits liability that cannot be limited under California law, or your rights regarding painting work under a signed contract or under the laws that govern licensed contractors.
Indemnification
You agree to defend, indemnify and hold harmless Tony's Painting CA Inc. and its owners, employees and agents from claims, damages, losses and expenses, including reasonable attorneys' fees, arising from your misuse of the site, your violation of these terms, content you send us, or a referral you make in breach of these terms.
Disputes
These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Before filing a claim about the site or a promotion or referral program, you agree to contact us at the details below and give us 30 days to resolve it. Any court proceeding will be brought in the state or federal courts located in San Diego County, California, and you consent to their jurisdiction, except that either party may bring an eligible claim in small claims court. Disputes about painting work are governed by the signed contract for that project, including any dispute terms it contains.
General
If any part of these terms is found unenforceable, the rest remains in effect. Our not enforcing a term is not a waiver of it. You may not assign your rights under these terms; we may assign ours to a successor of the business. These terms, the Privacy Policy and, for painting work, the signed contract are the entire agreement between us regarding the site and our programs.
Changes to these terms
We may update these terms at any time by posting the new version here with a new date. Continued use of the site, or claiming a discount or reward after a change, means you accept the updated terms.
Contact
Questions about these terms: info@tonyspaintingca.com or (619) 432-3821. Tony's Painting CA Inc., El Cajon, CA.
