Terms & Conditions

Overview

This website is operated by Powerhouse Designs. Throughout the site, the terms “we”, “us” and “our” refer to Powerhouse Designs. Powerhouse Designs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products Or Services

Certain products or services may be available exclusively online through the website.

We have made every effort to display as accurately as possible our products that appear at the store.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, building plans, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Powerhouse Designs does not guarantee any aspect of the construction based on the plans, nor for the result to be net-zero or zero-energy. We cannot guarantee that our plans will be permitted when you submit them. The customer can hire Powerhouse Designs at an hourly rate to make additional design changes or modifications, or to receive any additional consultation.

It is the responsibility of the customer to get plans up to code in their jurisdiction (this includes but is not limited to alterations based on climate zones; HVAC, plumbing or electrical plans, etc.), and to rectify any necessary changes by a legal and licensed professional.

After purchasing and downloading any products, files, or building plans, there is no refund. If you have any issues with your delivery please double check your spam folder. If the issue still persists, email info@powerhouse-designs.com with the subject line: “FAILED DELIVERY OF PLANS,” and include your order number.

Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Powerhouse Designs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Powerhouse Designs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 2515 Saint Paul Street, Bellingham, WA 98226.

Changes To Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions or any other inquiries should be sent to us at info@powerhouse-designs.com.

 

Consultation & Design Services Agreement

This Professional Services Contract (the “Contract”), including all appendices, is made and entered into by and between Owner and Consultant on the date of the last signature below for the project described below.

CONSULTANT

 

Consultant’s Name

 

Powerhouse Designs, LLC

Address

 

2515 St. Paul St.

Bellingham, Wa 98226

 

  1. SERVICES. The Consultant designs custom homes, additions, and buildings.  The Consultant does not employ licensed architects or engineers.  Where necessary, Consultant may retain, at Owner’s sole cost and expense, licensed engineers to review, modify, and/or approve drawings prior to permit approval.  Consistent with the above, the Consultant shall provide the following services to the Owner (the “Services”):

 

           CONSULTATION SERVICES

           Powerhouse Designs, LLC offers consultation for getting questions answered, educational purposes  and opinion on Net-Zero Design-related home builds and or additions. The following are consulting related services that Powerhouse Designs offers, but is not limited to: 

  • Explaining the principles of Net-Zero design as we see it, and apply these (Net-Zero) principles to individual’s house projects, OR
    • Apply these principles to speculative multi-house developments
    • Apply these principles to any discussion in any business sector
  • Necessary steps for designing and building net-zero energy homes
  • Recommendations of energy efficient appliances, materials, solar, etc. and selection process to lessen energy load
  • Embodied Carbon Calculation questions
  • Built Green Certification questions
  • Miscellaneous: House / site orientation, permitting preparation tips, education of Powerhouse Designs or construction process with TC Legend, etc.
  • A site visit only if local (must be in Whatcom County and within (1) hour of Bellingham, Washington).

 

BUILDING PLANS MODIFICATIONS

This service is offered upon purchasing a set of building plans from Powerhouse Designs. Almost every part of the house can be changed, the plan is just a starting point. Design fees are paid hourly and total design costs are dependent on the modifications requested, re-design, etc. The services can entail, but are not limited to:

  • Consultancy of client’s needs and modifications needed on purchased plans-set.
  • Shrink or expand the house to fit specific sites or client needs, including, but not limited to, moving walls, stairs, windows, doors, floor heights, reconfigure rooms, add or reconfigure porches, decks, garages, change roof pitch, etc.
  • Provide a 3D model or 2D plan of the modified Project. Represent floorplans, windows, beams, and other key design elements in a format which Owner can review, understand, and approve.

The following services may not be available for certain regions, climate zones and jurisdictions within the continental United States:

  • If desired and able, draft the building and site plans pursuant to applicable jurisdictional standards.
  • Oversee third-party consultants hired by Consultant (“Subconsultants”) necessary for permit applications including, but not limited to, structural engineers, geotechnical engineers, and wetland specialists (which Subconsultants shall be paid directly by Owner).

 

If the customer decides they would like TC Legend Homes to build the home (must be in Whatcom County and within (1) hour of Bellingham, Washington):

  • Provide estimated costs for TC Legend Homes, LLC (“TC Legend”) to build permit set of drawings.
  • Provide finish plan set drawings and specifications (the “Plans”) including notations of utility and site work and details of all finishes, plumbing, HVAC, electrical plans, kitchen plan, appliances, and other similar details.
  • Calculate fixed-price construction price for TC Legend to build final plan set, accepting change orders from Owner or required by applicable permitting jurisdiction if final permits have not issued.
  • Manage lender requirements to assist in obtaining construction loan, if required.
  • Design change assistance during construction of the Project.

 

In the event Owner requests, and Consultant agrees, to perform any additional services beyond the Services set forth above, the Owner shall pay Consultant for such additional services as set forth in Paragraph 3, below.

 

  1. CONTRACT PRICE. The Contract Price shall be on a time and material basis, plus all applicable taxes, as set forth below:

           2.1      Materials/costs incurred by Consultant in performing the Services plus 15% markup; and

           2.2      The following hourly rates for all Services performed by Consultant’s employees:

  • (1) Hour of Phone Consultation Q&A – $150
  • Project Manager – $115/hour;
  • Lead Designer- $95/hour;
  • Drafting assistants- $65/hour
  • Other employees – $55/hour

 

 2.3    Hourly rates published on the Powerhouse Designs Building Plans Terms & Conditions webpage are subject to change and or increase with no notice to the customer or web viewer. Contact us at info@powerhouse-designs.com for current rates and / or inquiries.

 

  1. CONSTRUCTION COST GUARANTEE. So long as Owner contracts with TC Legend to construct the Plans, Consultant guarantees that the Plans shall be free from omissions and/or errors and Consultant and/or TC Legend shall be solely responsible for any increased construction costs related to any omissions or errors in the Plans.  In the event Owner hires any contractor other than TC Legend to construct the Plans, the Owner expressly waives any and all claims relating to or arising out of errors or omissions in the Plans including, but not limited to, increased construction costs and/or costs to revise the Plans.  Additionally, this guarantee shall not apply to any portion of the Plans developed by third-party consultants hired directly by Owner including, but not limited to, structural engineers, geotechnical engineers, and wetland specialists. 

 

  1. OWNERSHIP OF PLANS/WAIVER OF CLAIMS. All Plans developed under this Contract are copyrighted and remain the property of Consultant after completion or termination of this Contract.  So long as Owner pays Consultant all amounts due hereunder, Consultant grants Owner a limited license to utilize the Plans to construct the above Project. Owner shall not use the Plans to build, renovate, or construct any building or project other than the Project set forth above. IN THE EVENT THAT OWNER RETAINS A CONTRACTOR OTHER THAN TC LEGEND TO CONSTRUCT THE PLANS, THE OWNER FOREVER WAIVES, RELEASES, AND AGREES TO DEFEND AND HOLD CONSULTANT HARMLESS FROM ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF THE PLANS OR SERVICES PROVIDED HEREUNDER INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATED TO ERRORS AND/OR OMISSIONS IN THE PLANS OR SERVICES.

 

  1. GENERAL PROVISIONS. The General Provisions attached hereto as Appendix “A” and are incorporated herein by this reference.

 

  1. STATUTORY NOTICES. By signing this Contract, the Owner acknowledges receipt of the statutory notice attached hereto as Appendix “B.”

 

  1. ENTIRE AGREEMENT. This Contract, the General Provisions, and all appendices constitute the entire agreement between the Owner and the Consultant for the Project.  This Contract supersedes all prior written and oral agreements, discussions or understandings.  Except for oral change orders, this Contract may only be amended by a written amendment signed by both the Owner and the Consultant’s authorized representatives as noted above.

IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the later of the dates indicated below.  By signing below, each signatory represents that he or she has authority on behalf of his or her respective party to enter into this agreement, which shall be binding upon the parties according to its terms.

By accepting the Terms & Conditions the Agreement is legally abiding and withstanding herein with all Consultation Services provided by the Consultant, POWERHOUSE DESIGNS LLC.

 

APPENDIX A

GENERAL PROVISIONS

 

                      In consideration of the mutual covenants and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

 

  1. Compensation and Payment. The Consultant shall be compensated on the basis of hours worked and expenses incurred by its employees at the rates shown on the Contract. 

 

1.1  FOR DESIGN SERVICES ONLY – Consultant shall supply Owner with a monthly invoice and written summaries of all Services performed in the prior month and all amounts due for the same.  Any applicable taxes shall be listed as separate line items on each Consultant invoice.  Owner shall remit payment for all invoices no later than ten (10) days after receipt.  Any past due amounts shall accrue interest at one and one-half percent (1.5%) per month.

 

  1. Homeowners’ Association Compliance. Plans will not comply with any applicable homeowners’ association design guidelines unless Owner provides copies of the design guidelines to Consultant prior to drafting of the Plans.

 

  1. Termination. This Contract may be terminated by either party upon seven (7) days’ written notice and opportunity to cure should one party fail to perform in accordance with its terms through no fault of the other.  In the event of termination, the Consultant shall be compensated for satisfactory Services performed to the termination date

 

3.1 Further, the Owner may terminate this Contract at any time for convenience, at the sole discretion of the Owner, with seven (7) days’ written notice to Consultant.  If the Owner terminates for convenience, the Owner will pay according to the payment terms as provided in Paragraph 1, above, for all Services performed prior to termination. 

 

  1. Consultant Not an Agent or Employee of the Owner. In performing Services hereunder, the Consultant and Consultant’s employees, agents, and representatives shall be acting as independent Consultants and shall not be deemed or construed to be partners, employees or agents of the Owner in any manner whatsoever.  No employee of the Consultant shall be considered an employee of the Owner even while performing work required under this Contract. 

 

  1. Compliance with Applicable Law. The Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances that are applicable to the Services performed pursuant to this Contract. 

 

  1. Limitation of Damages. The Owner and the Consultant agree that in the event Consultant is determined liable to Owner for any claim, lawsuit, demand, or damage relating to or arising out of this Contract including, but not limited to, related to or arising out of the Services performed hereunder, the amount of damages for which Consultant may be liable to Owner shall be limited to the total Contract Price paid by Owner to Consultant hereunder.  The Owner and the Consultant agree that this represents an allocation of the economic loss, is part of the overall economics of this Contract, and is a material consideration in setting the Contract Price.

 

                      6.1      Consequential Damages.  Notwithstanding any other provision of this Contract, the parties hereto shall not be liable to the other for any consequential damages incurred due to the fault of the other party, its agents, employees, or subcontractors.  Consequential damages include, but are not limited to, loss of use and/or loss of profit.

 

  1. Notices. All notices and payments hereunder may be delivered or mailed to the addresses listed above.  If delivered by messenger, courier (including overnight air courier), they shall be deemed delivered when received at the street address listed above.  All notices and payments mailed, whether sent by regular post or by certified or registered mail, shall be deemed to have been given on the third business day following the date of mailing, if properly mailed to the mailing addresses provided above, and shall be conclusive evidence of the date of mailing.  The parties may designate new or additional addresses for mail or delivery by providing notice to the other party as provided in this section.  The address for delivery of notices and payments are as set forth in the introductory paragraph of this Contract.

 

  1. Jurisdiction/Litigation. This Contract is made and delivered in the State of Washington and shall be construed and enforced in accordance with the laws thereof.  Jurisdiction and venue of any dispute hereunder shall be solely in the Superior Court of the State of Washington in and for Whatcom County, regardless of where the Project is located.  In the event of a dispute arising out of or under this Contract, the substantially prevailing party shall be entitled to its reasonable attorney’s fees and costs.  The parties expressly waive their rights to a trial by jury.

 

  1. Pollution. The Owner acknowledges that the Consultant is not responsible for the creation or presence of contamination or pollution, if any, at the property except to the extent that such a discharge, release or escape is caused by the negligent act or failure to act of the Consultant.  For the purpose of this clause, contamination conditions shall mean the actual or alleged existence, discharge, release or escape of any irritant, pollutant, contaminant, or hazardous substance into or upon the atmosphere, land, groundwater, or surface water of or near the property.  The Consultant will promptly notify the Owner of contamination conditions, if identified. 

 

 

APPENDIX B

NOTICE TO OWNER

 

IMPORTANT: READ BOTH PAGES OF THIS NOTICE CAREFULLY.

PROTECT YOURSELF FROM PAYING TWICE

From:  Powerhouse Designs, LLC

AT THE REQUEST OF:

THIS IS NOT A LIEN: This notice is sent to you to tell you who is providing professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities.  Also take note that laborers on your project may claim a lien without sending you a notice.

 

OWNER/OCCUPIER OF EXISTING RESIDENTIAL PROPERTY

 

Under Washington law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of your owner-occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the Contract Price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. Review the back of this notice for more information and ways to avoid lien claims.

 

COMMERCIAL AND/OR NEW RESIDENTIAL PROPERTY

 

We have or will be providing professional services, materials, or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fail to pay us, we may file a lien against your property. A lien may be claimed for all professional services, materials, or

equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to your property is the construction of a new single-family residence, then ten days before this notice was given to you or mailed to you.

Sender:         Powerhouse Designs, LLC
Address:        2515 St. Paul St. Bellingham, Wa 98226

Brief description of professional services, materials, or equipment provided or to be provided: 

Design, re-design and or drafting of building plans and specifications for construction.

 

IMPORTANT INFORMATION FOR YOUR PROTECTION

This notice is sent to inform you that we have or will provide professional services, materials, or equipment for the improvement of your property. We expect to be paid by the person who ordered our services, but if we are not paid, we have the right to enforce our claim by filing a construction lien against your property.

LEARN more about the lien laws and the meaning of this notice by discussing them with your contractor, suppliers, Department of Labor and Industries, the firm sending you this notice, your lender, or your attorney.

COMMON METHODS TO AVOID CONSTRUCTION LIENS: There are several methods available to protect your property from construction liens. The following are two of the more commonly used methods.

DUAL PAYCHECKS (Joint Checks): When paying your contractor for services or materials, you may make checks payable jointly to the contractor and the firms furnishing you this notice.

LIEN RELEASES: You may require your contractor to provide lien releases signed by all the suppliers and subcontractors from whom you have received this notice. If they cannot obtain lien releases because you have not paid them, you may use the dual payee check method to protect yourself.

YOU SHOULD TAKE APPROPRIATE STEPS TO PROTECT YOUR PROPERTY FROM LIENS.

YOUR PRIME CONTRACTOR AND YOUR CONSTRUCTION LENDER ARE REQUIRED BY LAW TO GIVE YOU WRITTEN INFORMATION ABOUT LIEN CLAIMS. IF YOU HAVE NOT RECEIVED IT, ASK THEM FOR IT.

 

Privacy Policy

Last updated: January 18, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Free Privacy Policy Generator.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Powerhouse Designs LLC, 2515 St. Paul St.,Bellingham, WA 98226.

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Country refers to: Washington, United States

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Personal Data is any information that relates to an identified or identifiable individual.

  • Service refers to the Website.

  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Website refers to Powerhouse Designs, accessible from https://powerhouse-designs.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Free Privacy Policy website article.

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies

    Type: Session Cookies

    Administered by: Us

    Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us: