Landscape Terms and Conditions
- Scope of Work - The Contractor shall carry out, and complete landscape works professionally described in the estimate. It shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties. The quote does not include any grading, soil preparations or amenities, maintenance, and watering unless stated explicitly. The quote is based on approximate quantities and site locations. You will be responsible for materials used in excess of estimated quantities, as well as any additional cost for site conditions that go above and beyond typical installation parameters, once the installation is complete.
- If a written plan is provided for your Landscape Design job, up to two edits will be provided free of charge. After two edits, a design fee may apply. If you have questions, please let us know.
- Pricing - Due to current market conditions Contractor will only offer the prices in this proposal for 60 days from the date the proposal was issued. After 60 days, the amount of this proposal is subject to change due to increases in our costs that are beyond our control and will be disclosed to you before any work begins.
- Payment - Customer shall pay the Contractor the full amount of the Proposal, including all taxes and fees as follows for residential projects: 30% deposit upon acceptance of the proposal, balance due upon completion.
- Customer Representation and Obligations - the Customer warrants that the site is free of underground conditions including pipes, cables, stumps, sewage drains, and waste materials except as specifically disclosed to Contractor prior to the signing of the estimate. Where existing problems would impede this Landscape Installation the Contractor shall be entitled to charge for additional work/supplies, equipment necessary to complete the work or an alternative solution will be sought by both parties. Customer agrees to provide the Contractor with electricity and water services while they are on-site.
- 811Dig - Contractor will call and request that Local Utilities are marked by the 811 Dig service offered through the state. Customers agree to not move or disturb the flags and markings set up by that service until our work is completed. Disturbing the flags and markings could result in a disruption of service to the home, and presents a grave hazard to our technicians.
- Completion - The Contractor will use commercially reasonable efforts to complete a project in the time frame promised. However, the Contractor shall not be liable for any delay in the completion of work in the estimate due to factors outside the control of the Contractor.
- Materials on Site - Materials delivered to the site become the responsibility of the Customer. The Contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. Any material brought to, or removed from the site that is in excess of the Contractor's requirements under the estimate remains the property of the Contractor who shall have the right to enter the site for that purpose.
- Maintenance after Completion - The Contractor is only obligated to perform the work specified in the estimate. The proper maintenance of the site, including providing irrigation to installed landscaping and sod, shall be the obligation of the Customer following completion of the work by Contractor unless otherwise agreed in writing by the parties.
- Warranties and Exclusions - The Contractor warrants the shrubs for a period of six months and trees supplied by Contractor in connection with the estimate for a period of one year from the date of planting if we are the company maintaining the property on a weekly basis. We are unable to guarantee plants if we are not on-site each week as we cannot monitor watering conditions, pests, or other factors that may cause damage to the plants. Annuals, perennials, and sod as well as any transplanted materials will not be warrantied and are sold as-is. The contractor shall not be liable for any damage caused by Acts of God. The contractor's sole responsibility for any breach of these warranties shall be, at its discretion, to repair or replace it or issue a refund for the plant or work affected.
General Maintenance Terms and Conditions
- Work done by the Contractor will conform to local codes and applicable government regulations. the Contractor employees have been trained to work safely and are aware of local labor regulations.
- The Contractor is insured for public liability and property damage in the aggregate amount of 2 million dollars. Policy Number NPP1515103. Any and all incidents resulting in actual, apparent or potential damage or injury must be reported to the Contractor as promptly as possible. The Client will hold harmless and indemnify the Contractor for any and all claims, actions, liabilities, obligations, costs, expenses, fees, etc., for its failure to do so.
- The Client will hold harmless and indemnify the Contractor for any and all claims, actions, liabilities, obligations, costs, expenses, fees, etc. arising from the following incidents resulting in actual, apparent or potential damage or injury:in any and all cases in which the Contractor is restricted by the Owner from determining necessary services at its discretion.In any and all cases in which the damages or injuries to persons or property or claims, actions, obligations, liabilities, costs, expenses and fees arise as the result of incidents occurring on areas of the property not serviced by the Contractor. in any and all cases in which the damages or injuries to persons or property or claims, actions, obligations, liabilities, costs, expenses and fees arise as the result of incidents occurring during times in which the Contractor is restricted from accessing the property to perform its duties
- It is understood and agreed upon that either party may terminate this contract, without cause, upon delivery written notice of termination to the other party.
- Service rates may be subject to a fuel surcharge, if the cost of fuel exceeds $3.00/gallon.
- Mowing all turf areas to the appropriate height approximately 42-44 mows per year. We typically trim between 4” and 5.5” for St. Augustine and Bahia turfs. We follow the University of South Florida guidelines for trimming turf. Due to the extreme heat and large amounts of rainfall we receive during rainy season we don’t mow shorter because the grass can have a host of issues like fungus, cinch bugs, dollar weed, and other issues.
- Weedeat and edge areas around landscape beds and concrete areas with each mow service.
- We do not accept any liability for damages if there is are no buffer zone between the home, other structures, fencing, and screens and the turf for accidental damage caused by handheld mechanical equipment.
- Blow grass clippings and resulting debris off paved areas upon completion of weekly services. On weeks where we do not perform a mow service, we will blow any dirt, leaves, or other debris off of the concrete areas while we are there.
- We reserve the right to skip mowing services without notice nor without rescheduling should the technician deem it necessary due to climatic conditions, other work taking place on the property, excessive dog feces present, or standing water present on the property. We will make every effort to reschedule where possible, and will communicate the necessity to skip service promptly with the customer.
- It's important to note: We will skip areas of your yard that are too wet to mow. If your yard is too wet, and the crew leader is concerned about damaging your turf with our equipment, those sections of your lawn will be skipped. We will mow these areas on the next visit to your property, so long as they have sufficiently dried out. If an area stays wet for many weeks and we can't get our equipment on it, we may bill you hourly to service those areas with a string-trimmer. We will get your approval before doing this.
- Pet Waste Policy: We are currently in the process of updating our pet waste policy to better serve our customers. We will be offering a pet waste pickup service for an additional weekly fee. Our current policy states that pet waste will be left undisturbed and we will not mow that area.
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.