Terms and Conditions of Service

Effective Date: May 30, 2026

Last Updated: June 2, 2026

Welcome to Up The Gutter (operated by Up The Gutter Corp.). These Terms and Conditions (“Terms”) govern the relationship, bookings, estimates, and services provided by Up The Gutter Corp. (“we,” “our,” “us,” or “the Company”) to our customers (“Client,” “you,” or “your”).By scheduling an estimate, booking a service, signing an agreement, or utilizing our website (https://upthegutter.com), you agree to be bound by these Terms. Please read them carefully.

1. Scope of Services

Up The Gutter Corp. provides residential exterior services, including but not limited to:

  • Seamless gutter installation, repairs, and visual pitch adjustments.
  • Gutter cleaning and manual debris removal.
  • Gutter guards and leaf protection systems (including Alu-Rex® systems).
  • Custom French drains and exterior drainage solutions.
  • Project management and quality oversight for residential roofing installations (coordinated via our vetted, licensed, and insured subcontracted partners).

The specific scope of work, materials, and pricing for your project will be detailed in a written proposal, estimate, or invoice provided by us.

2. Massachusetts Home Improvement Contractor (HIC) Law Disclaimer

In accordance with the Massachusetts Home Improvement Contractor (HIC) Law (M.G.L. c. 142A), any residential contracting or maintenance project where the total contract price exceeds $1,000.00 requires a signed, physical physical contract containing specific consumer protection disclosures (including HIC registration numbers, precise start and end dates, and a 3-day right to cancel).

These digital Terms of Service are intended to protect the Company, govern online estimate requests, and serve as the standard “Terms of Service” referenced in our offline contracts. If you enter into a formal residential contracting agreement with us for services exceeding $1,000, a separate written contract complying with M.G.L. c. 142A will be executed, which shall supersede any conflicting terms herein.

3. Bi-Annual Gutter Maintenance Package Terms

If you enroll in our Bi-Annual Gutter Maintenance Plan, the following terms apply:

  • Service Frequency: The maintenance package consists of scheduled services performed twice per calendar year (typically once in the Spring and once in the Fall).
  • What is Included:
    • Bi-Annual Gutter Cleaning: Removal of leaves, organic material, and debris from accessible gutters and downspouts. This includes a system water flush to verify proper drainage. All removed debris will be bagged and disposed of off-site in an environmentally responsible manner.
    • Bi-Annual Gutter Inspection: A visual and functional assessment of gutters, downspouts, hangers, and visible fascia boards to check for alignment, sagging, or pre-existing damage.
    • Complimentary Gutter Tune-Up: Provided once per year during a regularly scheduled maintenance visit. This includes minor caulking of leaking seams/joints and tightening or replacing loose securing screws. Exclusion: This complimentary service does not cover extensive structural repairs, complete gutter replacements, or pitch corrections, which will be quoted separately.
  • Billing and Payments:
    • Enrolling in the bi-annual package grants the Client premium scheduling priority during peak Spring and Fall seasons.
    • Payment is due in full immediately upon the completion of the first scheduled service of the annual cycle.
  • Cancellation and Pro-Rated Refunds: You may cancel the bi-annual maintenance plan at any time after the first full year of service by providing a 30-day written notice prior to the next scheduled visit. If you cancel mid-cycle, a pro-rated refund will be issued for any pre-paid services that have not yet been performed.

4. Estimates and Proposals

  • Validity: All written estimates, promotions, and custom proposals are valid for exactly thirty (30) days from the date of issue, unless otherwise specified in writing.
  • Adjustments: Initial estimates are based on standard residential structures. Up The Gutter Corp. reserves the right to modify pricing or apply additional fees upon arrival if the property presents non-standard complexities (e.g., severe heights, steep metal roof transitions, structural impediments, or excessive existing gutter guards) or requires extra labor. No extra fees will be charged without your explicit approval.
  • Unforeseen Issues: If we discover unforeseen structural issues (e.g., severe wood rot beneath the fascia board, structural settling, or unexpected drainage obstructions) once work begins, we will notify you immediately. Adjustments to the scope of work and price will require a Change Order approved by you before that specific work continues.

5. Scheduling, Access, and Weather

  • Property Access: The Client agrees to provide our technicians and project managers with clear, unobstructed access to the exterior of the property, including driveways, pathways, and the perimeter of the structure.
  • Utilities: The Client must provide access to an outdoor electrical outlet and a working outdoor water spigot, unless alternative arrangements are made prior to the service date.
  • Safety Prep: For the safety of our crew and your property, please ensure all pets are kept indoors, gates are unlocked, and outdoor furniture, vehicles, toys, and fragile items are moved away from the work area prior to our arrival.
  • Weather Delays: Exterior services (cleaning, flushing, repairs, and gutter/roofing installations) require specific, safe outdoor conditions. We reserve the right to reschedule services due to rain, high winds, freezing temperatures, snow, or ice without penalty to ensure crew safety and material integrity.

6. Payment Terms

  • Deposits: A deposit may be required to secure your booking and purchase custom materials for larger installations (such as new seamless gutters or roofing projects). Any required deposit will be specified in your proposal.
  • Final Payment: Final payment is due immediately upon the completion of the scheduled services, unless alternative terms are explicitly outlined on your invoice.
  • Accepted Payment Methods: We accept cash, checks, and major credit cards.
  • Late Fees: Past-due balances may be subject to a late fee of 1.5% per month (18% per annum) or the maximum rate permitted by Massachusetts law, whichever is lower, beginning fifteen (15) days after the invoice date. The Client agrees to pay all reasonable collection costs and legal fees incurred by Up The Gutter Corp. to recover unpaid balances.

7. Subcontracting and Roofing Coordination

  • Roofing Partners: For complex roofing projects, Up The Gutter Corp. acts as the primary project manager and overseer. We rely on a network of factory-certified, fully licensed, and insured installation partners to execute roofing physical labor.
  • Oversight: We provide strict project management, product sourcing, and rigorous quality control to ensure seamless transition points between your new roof, gutter system, and drainage solutions.

8. Warranties, Exclusions, and Alu-Rex® System Compliance

We take immense pride in our craftsmanship. However, to preserve manufacturer warranties and protect our operations, the following rules apply:

A. Workmanship Warranty

Up The Gutter Corp. provides a 2-Year warranty on gutter installation workmanship. Manufacturer warranties on materials (such as seamless gutter aluminum or architectural roofing shingles) are passed directly to the Client.

B. Alu-Rex® continuous hanger systems (DoublePro® and T-Rex®) Compliance

To protect client eligibility for official Alu-Rex manufacturer warranties (including the 360° Lifetime Warranty on the DoublePro line), we strictly enforce the following rules:

  • Strict Installation Compliance: Warranties are only valid if products are installed exactly to manufacturing specifications. Systems must be fastened directly into the fascia board every 24 inches (60 cm) using the provided self-sealing screws. Any openings exceeding 7/64 sq. in. at overlaps, corners, or end caps must be sealed with screws or approved sealant.
  • Unauthorized Repairs & Modifications: Any repair, alteration, or modification undertaken without prior written authorization from Alu-Rex Inc. will immediately void the manufacturer’s warranty.
  • Limitations of Liability & Labor Costs: In the event of a product failure, Alu-Rex covers only the cost of replacement materials or reasonable labor to clear a specific obstruction. They do not cover labor for full reinstallation. Company liability shall not exceed the original purchase price. Consequential damages, such as foundation damage or flooding from extreme weather, are explicitly excluded.
  • Explicit Warranty Exclusions:
    • The Gutter Itself: The warranty applies only to the guard/hanger system.
    • Conifer/Pine Needles: The standard T-Rex line excludes clogging caused by dense conifers (unlike the DoublePro line). Similarly, Gutter Clean 25-Year warranties do not cover clogging from pine or fir needles unless the premium dual-layer microfiltration model was installed.
    • Abnormal Heat: Damage from barbecues or reflective heat from low-E glass windows is not covered.
    • Corrosion: Products must not contact dissimilar metals like copper or uncoated steel.
  • Maintenance Obligations: Homeowners are required to periodically clear debris manually from “sheltered” or shallow-pitched roof areas where wind cannot naturally sweep leaves off the guard.
  • Claim Procedure: To file a manufacturer claim, the customer must provide a written description and photo of the defect, the installation date, the original purchase invoice, and the authorized dealer’s contact information.

C. General Gutter Cleaning Exclusions

Traditional open-faced gutters carry no manufacturer warranty against clogs. While we guarantee gutters to be clear of debris at the time of service completion, leaf and environmental debris accumulation is a continuous natural process. Therefore, we cannot warrant that open gutters will remain free of debris after our team departs the property.

9. SMS Communications and Opt-In Policy (TCR/10DLC Compliance)

By providing your phone number and checking our SMS opt-in boxes, you consent to receive communications from Up The Gutter Corp. in compliance with TCR (The Campaign Registry) and 10DLC regulations.

  • Opt-In Language: You are agreeing to receive SMS customer care and marketing notifications from Up The Gutter Corp. Message frequency may vary. Standard Message and Data Rates may apply. Reply STOP to opt out. Reply HELP for help.
  • Privacy Guard (Non-Sharing): All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

10. Limitation of Liability

  • To the fullest extent permitted by law, the total liability of Up The Gutter Corp., its officers, employees, and subcontractors for any claims, losses, or damages arising out of this agreement shall not exceed the total amount paid by the Client to Up The Gutter Corp. for the specific service in question.
  • We are not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of property value, mold growth, water damage from uncleaned gutters, or loss of use, unless directly caused by our gross negligence.

11. Safety and Property Damage Claims

  • Property Damage: While we exercise extreme care to protect your landscaping, siding, and property, the Client acknowledges that heavy ladders, tools, and material transport are necessary to perform exterior work. Minor turf compression or cosmetic scuffs in immediate work areas are sometimes unavoidable.
  • Claim Windows: Any claims for property damage alleged to have been caused by our crew must be reported to Up The Gutter Corp. in writing (with photographic evidence) within forty-eight (48) hours of service completion.

12. Governing Law

These Terms, and all services provided by us, shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any legal actions or proceedings must be filed in the courts of Plymouth County, Massachusetts.

13. Modifications to Term

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated “Last Updated” date. Your continued booking of services or use of our website following any updates constitutes acceptance of the revised Terms.

Contact Us

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us at:

Up The Gutter Corp.

892 Plain Street

Marshfield, MA 02050

Phone: (781) 204-1248

Email: izmud@upthegutter.comPresident: Ian Zmud