Terms & Conditions

**W&J Property Services**  

**Terms and Conditions of Service* 

 

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1. Definitions

- “We,” “Us,” “Our,” or “W&J” means W&J Property Services and its authorized agents, employees, and contractors.  

- “You,” “Client,” or “Owner” means the property owner or authorized representative requesting services.  

- “Property” means the real property(ies) identified in your service request or agreement.  

- “Services” means all property-related services we provide, including but not limited to property management, leasing, maintenance, repairs, cleaning, inspections, tenant screening, rent collection, and any additional services agreed upon in writing.  

 

2. Scope of Services & Limitations

We will perform the Services with reasonable care and skill in accordance with industry standards and all applicable laws, including:  

- The Virginia Residential Landlord and Tenant Act (VRLTA), Va. Code § 55.1-1200 et seq.  

- Virginia real estate licensing requirements (if applicable) under the **Virginia Real Estate Board** and Va. Code Title 54.1, Chapter 21.  

- The Virginia Contractor Licensing regulations (Title 54.1, Chapter 11) for any repair, maintenance, or improvement work.  

- Federal and Virginia Fair Housing Act requirements.  

- The Virginia Consumer Protection Act (Va. Code § 59.1-196 et seq.).  

 

Important: We are not a law firm and do not provide legal advice. We do not guarantee tenant performance, lease compliance, or property value. We act as your agent only to the extent expressly authorized in a separate written Property Management Agreement or Service Order.  

 

Any work requiring a Virginia contractor license will be performed by properly licensed individuals or subcontractors. Written estimates for residential contracting work will comply with Va. Code § 54.1-1111 and will include: description of work, price, payment schedule, start/completion dates, and materials (where applicable).  

 

3. Client Obligations & Representations

You represent and warrant that:  

- You are the legal owner or have full authority to engage us for the Property.  

- All information provided (including leases, financials, and Property condition) is accurate.  

- The Property complies with all applicable building, zoning, safety, and environmental laws.  

- You will provide us (and our subcontractors) reasonable access to the Property during normal business hours (or as otherwise agreed) with at least 24 hours’ notice, except in emergencies.  

- You will maintain adequate property insurance (including liability and casualty coverage). We are **not** responsible for any uninsured losses.  

 

You agree to indemnify, defend, and hold us harmless from any claims arising from your breach of these obligations or from any pre-existing conditions at the Property.  

 

4. Fees, Payment & Billing

- Fees are set forth in your Service Agreement, Proposal, or Rate Schedule (available upon request).  

- Management fees (if applicable) are typically a percentage of collected rent or a flat rate.  

- All invoices are due upon receipt unless otherwise stated. Late payments accrue interest at 1.5% per month (or the maximum allowed by Virginia law).  

- We may require a retainer or deposit before commencing certain Services.  

- You authorize us to deduct our fees and approved vendor costs from rent collected (if we manage the Property).  

- Returned checks or failed ACH payments incur a $50 fee (or maximum permitted by law).  

- We accept payments via ACH, credit card, check, or other methods we designate.  

 

We comply with all applicable payment and collection laws, including the federal **Fair Debt Collection Practices Act** where relevant.  

 

5. Scheduling, Changes & Cancellation

- Service dates are estimates only. We will make reasonable efforts to meet agreed schedules.  

- You may cancel non-emergency Services with at least 48 hours’ notice. Cancellations within 48 hours may incur a cancellation fee of up to 50% of the quoted price.  

- Emergency services (e.g., urgent repairs) cannot be cancelled once dispatched.  

 

6. Warranties & Disclaimers

We warrant that Services will be performed in a professional manner consistent with industry standards.  

ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  

 

We do not warrant:  

- That tenants will pay rent or comply with leases.  

- Against normal wear and tear, acts of God, or third-party damage.  

- The future condition or value of the Property.  

 

7. Limitation of Liability

To the fullest extent permitted by Virginia law:  

- Our total liability arising out of or related to the Services shall **not exceed** the total fees paid by you for the specific Services giving rise to the claim.  

- We shall not be liable for indirect, consequential, incidental, punitive, or special damages (including lost profits, loss of use, or emotional distress).  

- This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, etc.).  

 

8. Indemnification

You agree to indemnify and hold harmless W&J, its owners, officers, employees, and subcontractors from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:  

- Your acts or omissions;  

- Pre-existing conditions at the Property;  

- Tenant disputes (except those directly caused by our gross negligence); or  

- Your violation of any law.  

 

9. Termination

- Either party may terminate Services upon written notice as specified in your Service Agreement (typically 30–60 days).  

- We may terminate immediately if you fail to pay fees, breach these Terms, or if continued service would violate applicable law.  

- Upon termination, you remain responsible for all outstanding fees, vendor costs, and any work already performed.  

 

10. Governing Law & Dispute Resolution

These Terms and any Services shall be governed by the laws of the **Commonwealth of Virginia**, without regard to conflict-of-laws principles.  

Venue for any dispute shall be exclusively in the courts of **Arlington County, Virginia**.  

 

Dispute Resolution: Before filing suit, the parties agree to attempt mediation through a mutually agreed mediator or the Virginia Mediation Network. If mediation fails, disputes shall be resolved in court.  

 

11. Privacy & Data Protection

We collect and use personal information in accordance with the Virginia Consumer Data Protection Act (VCDPA) and other applicable privacy laws. Our Privacy Policy (available upon request) describes how we handle data. By using our Services, you consent to the collection and processing of data as described.  

 

12. Miscellaneous

- Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control (e.g., weather, strikes, pandemics, government orders).  

- Severability: If any provision is held invalid, the remainder remains in full force.  

- Entire Agreement: These Terms, together with your specific Service Agreement or Proposal, constitute the entire agreement. No oral modifications.  

- Assignment: You may not assign this agreement without our written consent.  

- Notices: All notices must be in writing (email to the address above is acceptable).  

- Headings: Headings are for convenience only.  

- Electronic Signatures: Electronic signatures (e.g., via DocuSign) are binding.  

 

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By requesting or accepting Services from W&J Property Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

 

Last Updated: May 1, 2026