HOMES BY COVENANT - TERMS OF SERVICE

Homes by Covenant — Terms of Service

Effective Date: November 2025

Welcome to Homes by Covenant, a division of Covenant Development Group LLC (“CDG”). These Terms of Service (“Terms”) govern your use of our website, your submission of information through our forms, and your engagement of our construction, renovation, and modular-home services.

By visiting homesbycovenant.com, submitting a request, or entering into a project agreement, you acknowledge and agree to these Terms.

1. Who We Are

Covenant Development Group LLC is a licensed New York State construction and development company operating under the brands Homes by Covenant and CMB Renovations.

Our services include modular and traditional construction, design, estimating, permitting, project management, renovations, and site development throughout Central and Upstate New York.

2. Using Our Website

You agree to use the website responsibly. You must not:

• Post or transmit false, misleading, harmful, or unlawful content.

• Attempt to hack, disrupt, or interfere with the website or its systems.

• Copy, reproduce, or redistribute website content without written consent.

CDG may suspend or block access from any user who violates these Terms.

3. Information You Provide

When contacting us or submitting materials, you agree that:

• All information is accurate and truthful.

• You have permission to share all documents, photos, plans, designs, or files.

• We may use this information in accordance with our Privacy Policy.

4. Quotes, Estimates & Consultations

Quotes, estimates, or consultations provided via email, phone, or web submission are preliminary and non-binding until incorporated into a legally executed contract.

Final pricing may change due to:

• Material pricing fluctuations

• Design changes

• Engineering or code requirements

• Site conditions

Only the signed project contract governs final pricing.

5. Project Agreements

All work is governed by a written project contract specifying:

• Scope of work

• Pricing and payment schedules

• Change Order procedures

• Timelines

• Warranty terms

• Dispute resolution procedures

If any part of these Terms conflicts with a signed project agreement, the project agreement controls.

6. Intellectual Property

All website content—including text, images, designs, renderings, branding, and layouts—is the property of Covenant Development Group LLC.

No content may be copied, reproduced, distributed, or used for commercial purposes without written consent.

7. Third-Party Links & Partners

Our website may link to partners, manufacturers (e.g., Simplex Homes®), lenders, or other external entities. We are not responsible for:

• Their content

• Their policies

• Their accuracy

• Their terms of use

When leaving our site, the third-party’s terms govern.

8. Disclaimer of Warranties

The website is provided “as is” without warranties of any kind.
We do not guarantee uninterrupted operation, error-free content, or absolute accuracy of information.

9. Limitation of Liability

To the fullest extent permitted by law, CDG is not liable for indirect, incidental, special, or consequential damages resulting from website use, reliance on content, or inability to access the site.

Your sole remedy is to discontinue using the website.

10. Indemnification

You agree to indemnify and hold CDG harmless from any claims, damages, losses, or expenses arising from:

• Your misuse of the website

• Your violation of these Terms

• Your unauthorized use of our content

11. Changes to These Terms

We may update these Terms at any time. The newest version will be posted with a revised effective date. Continued usage of the website constitutes acceptance of updated Terms.

12. Governing Law & Venue

These Terms are governed by the laws of New York State.
Any disputes shall be resolved in the state or federal courts located in Onondaga County, NY.

13. Contact Information

Covenant Development Group LLC (CDG)
Attn: Legal Department
6749 Ramsgate Rd, Chittenango, NY 13037
Phone: 315-516-2355
Email: build@homesbycovenant.com

13.1 Electronic Communications Consent

By providing your phone or email, you consent to receive electronic communications related to estimates, scheduling, project updates, and service correspondence.
You may opt out of marketing emails at any time.

14. Entire Agreement

These Terms, the Privacy Policy, and any signed contracts constitute the full agreement between you and CDG regarding website use and services.

15. User Accounts (If Provided)

If client dashboards or accounts are offered, you are responsible for maintaining confidentiality of login information. CDG may suspend or terminate accounts for security concerns or violations.

16. No Professional Advice

Website content is general information only.
It does not replace licensed legal, engineering, surveying, architectural, or financial advice.

17. Force Majeure

CDG is not responsible for delays caused by events beyond our control, including:

• Severe weather

• Material shortages

• Labor shortages

• Supply chain disruptions

• Government actions

• Pandemics

• Utility failures

18. Severability & Waiver

If any section is deemed unenforceable, the remaining sections remain valid.
Failure to enforce a clause does not waive our right to enforce it later.

19. Legal Notices

Formal notices must be sent to:

Covenant Development Group LLC — Legal Department
6749 Ramsgate Rd, Chittenango, NY 13037
Email: build@homesbycovenant.com

20. Termination & Cancellation Fees

If a client cancels a signed project after work begins, a cancellation fee applies:

Fees are due immediately upon cancellation.

20.1 Client-Initiated Termination

Same fees apply. A detailed cost summary will be provided upon request.

20.2 CDG-Initiated Termination

We may terminate a contract due to nonpayment, safety violations, or failure to provide required approvals or site access.
Same termination fees apply.

21. Payment Terms & Late Fees

Payments are due as stated in your contract. Invoices not paid within 10 business days may incur:

• 2% monthly late fee or the legal maximum

• Paused work until payment is received

• Responsibility for collection or attorney fees

21.1 Refunds & Chargebacks

Deposits become non-refundable once ordering, scheduling, or permitting begins.
Unauthorized chargebacks will be treated as a breach of contract.

22. Change Orders & Scope Adjustments

All changes require a written, signed Change Order.
Verbal requests are not binding.

22.1 Code Compliance & Unforeseen Conditions

If inspectors or engineers require changes, CDG will issue a Change Order for added cost/time.
We are not responsible for unforeseen regulatory changes or site conditions.

23. Warranties & Service Work

23.1 Covenant 3-Year Home Integrity Warranty™ (Modular Homes)

Homes by Covenant provides one of the industry’s only builder-performed, in-home, 3-year service and inspection warranties, which includes:

• Year 1 Comprehensive Inspection & Adjustment

• Year 2 Maintenance & System Check

• Year 3 Integrity Inspection & Final Tune-Up

This program includes scheduled in-home visits to inspect and adjust:

• Doors, windows, trim, hardware

• Mechanical connections

• Settlement-related adjustments

• Minor drywall touch-ups (within defined limits)

• Systems performance checks

• Warranty-covered workmanship corrections

Warranty Conditions:

• Warranty coverage is defined in your contract’s Warranty Exhibit.

• Manufacturer warranties apply to modular components and materials.

• Warranty service must be performed by authorized CDG personnel only.

• Misuse, neglect, homeowner-caused damage, weather events, or third-party work are excluded.

• Warranty is non-transferrable unless stated in your contract.

Note: This program is unique to Homes by Covenant and is not offered by standard third-party warranty companies.

24. Dispute Resolution

Parties agree to attempt good-faith resolution.
If unresolved within 30 days:

1. Mediation in Onondaga County

2. If still unresolved, litigation in NY State or Federal Court in Onondaga County

25. Deposits & Project Start

Deposits are required to schedule work, order materials, and begin permitting.
Deposits are non-refundable once work, ordering, or scheduling has begun.

26. Ownership of Designs & Plans

All CDG designs, plans, renderings, and layouts remain our property until paid in full.
Clients may not use CDG designs with another builder without written authorization.

27. Materials & Substitutions

If a specified material becomes unavailable or discontinued, CDG may substitute equal or superior materials with notice to the client.

28. Insurance & Liability

CDG maintains liability and contractor coverage as required by law.
Clients must maintain property insurance throughout construction.
CDG’s liability is capped at the total amount paid for contracted work.

28.1 Site Access & Safety

Safe access must be maintained at all times.
Work may pause if conditions become unsafe or inaccessible.

29. Acknowledgment & Acceptance

Using the website, submitting a request, or signing a contract constitutes acceptance of these Terms.

29.1 Digital Acceptance (E-SIGN Act)

Digital signatures and online submissions carry full legal force under 15 U.S.C. § 7001.

Consumer Cooling-Off Notice (NY GBL § 771)

If applicable law grants a homeowner a statutory right to cancel (typically 3 business days for eligible home-improvement contracts), that right will be honored.

Promotions, Discounts & Incentive Programs

(This entire section has been fully rewritten for professionalism, clarity, and legal enforceability. I will keep it exactly as provided unless you want it rewritten to match Covenant’s Codex tone.)

Accessibility Statement

Homes by Covenant strives to ensure digital accessibility for all users. For assistance, email build@homesbycovenant.com.

Covenant Development Group LLC

Building Central New York with integrity, quality, and trust.
Email: build@homesbycovenant.com
Last Updated: November 2025