Description of Service(s) Offered and/or Provided as Noted on Page 1 of Agreement:
Healthy Lawn Program (Fertilization & Weed Control):
Simply Chic Healthy Lawn Program: 8 treatments annually.
Totally Chic Healthy Lawn Program: 10 treatments annually (includes pest control).
Ultra Chic Healthy Lawn Program: 12 treatments annually (includes pest control, aeration, and over seeding).
Annual service agreement includes 8, 10, or 12 treatments per year or 12 month period of the lawn areas only and consist of: one (1) lime application, three(3) "greening" fertilization applications, two (2) pre- emergent applications, and (2) post-emergent applications (pest control is included if you select the "Totally Chic Healthy Lawn Program) and aeration and over seeding is included is you select the "Ultra Chic Healthy Lawn Program". In addition, up to twenty (20) gallons of herbicide spray (ten (10) gallons of selective herbicide and ten (10) gallons of non-selective herbicide is included in the base rate Program and used throughout the year. In the event that the Customer desires for additional spraying, above and beyond the allowed upon amount, it will be billed as follows:
Selective herbicide - $45 per gallon for each gallons used over ten (10) gallons.
Non-Selective herbicide - $25 per gallon for each gallons over ten (10) gallons. This type of herbicide is only used when Bermuda grass is dormant and not actively growing (only in the Winter months).
A cumulative YTD total, of the number of gallons used, will be maintained and noted on monthly invoice statements for your records and review.
Length of Term: A 12 month commitment of the Healthy Lawn Program is required, however the agreement may be terminated by either party, at any time.
Note: 12 month commitment due to the nature/amount of time it takes to achieve desired results and due to public's lack of comprehension in weed control and weed treatments (troubled lawns can take 1-2 years to transition to a healthy/plush lawn).
Areas of Treatment: The lawn areas exclusively. The Healthy Lawn Program does not include plant, tree, or shrub fertilization or other areas surrounding the lawn such as: flower beds, wooded areas, pine straw areas, gardens, etc.
Treatment Notification: Customer's will be notified with a flier informing them of the details of the service provided (the date the service was provided, who provided the service, and recommendations following the service). In addition, a small yard sign will be placed in your lawn to let you know that the Company made a service application.
Rates for Additional Herbicide Spray: Up to twenty (20) gallons of herbicide spray is included in the Agreement (combination of up to ten (10) gallons of selective and ten (10) gallons of non-selective herbicide spray per year or 12 month period). In the event your lawn requires additional gallons of herbicide, it will be billed at an additional rate of: non-selective herbicide spray - $25 per gallon for each additional gallon over and above 10 gallon and selective herbicide spray - $45 for each additional gallon over and above 10 gallons. Note: 10 gallons of spray is typically more than enough to address most lawns. However, some lawns, especially new lawns, are more "troublesome” and require additional needs in the early stages of development. A YTD cumulative total of the number of gallons of herbicide used will be provided to the Customer after each service is performed by the Company. It will be noted on your monthly statement.
Servicing Day's / Times: Servicing times are 7:00am - 7:00pm Monday-Saturday. Due to weather and other factors, we cannot guarantee specific days or times that your lawn will be serviced (although we will do our best to accommodate your needs).
Call Ahead Service for Locked Gates, Pets, Etc.: Call ahead service is available for $3 per service. An email notification will be sent to you, by 9pm, the business day prior to service. The charge for call ahead service will be added to your rate/monthly invoice.
Perils/Hazards/Unserviceable Areas: Areas that are deemed to be hazards (excessive/ improper erosion, improper grading, steep slopes, etc.) may be deemed as 'unserviceable '. It is the responsibility of the Customer to resolve such problem areas prior to these areas being serviced by the Company.
Damages: The Company is not responsible for any damage(s) that may results from poor erosion control, improper grading, and / or improperly installed items such as: lighting, termite bait systems, irrigation caps/systems, wiring, etc. that may be in or around the lawn areas and become damaged during a service. However, the Company does cover 100% of any damages that may result from our negligence, for any and all items “properly” installed. For example: the Company would not be liable for a sprinkler head that was damaged that did not operate properly, damage done to a termite bait systems that were not installed at or below ground level, or running over a sprinkler cap that was not in the 'lock' position resulting in damage.
In addition, we are not responsible for any damages for any items deemed as 'not easily identifiable' such as jewelry, plants, toys, etc. that may be present in the lawn areas and not easily visible to the Company.
Additional Charges: Additional charges will be incurred for excessive trash, toy, and other debris pick-up or replacement. These charges will be calculated upon a base rate of $65 per hour and will be charged by the number of minutes it takes to prepare the lawn for servicing. Note: “Excessive” is defined by requiring more than 5 minutes of labor time to clear the area(s) for servicing.
Unscheduled Consultation Fee(s): The Company operates on extremely tight, rigid schedules and have other appointments throughout the day. As a result, unscheduled consultation fees will be billed at an hourly rate of $65 per hour and will be based upon the number of minutes the consultation takes. Free consultation is available 24/7 via our email.
Changes to Property: Any changes made to the Customer’s property, during the course of our agreement, are subject to additional charges / rates. These changes can include but are not limited to: fences, trees, pools, trampolines, playgrounds, animals, lighting systems, adding additional square foot of lawn areas, etc. In the event changes occur, a revised proposal may be prepared for your consideration.
Change(s) of Service Notification / Termination: Services may be changed /cancelled at any time, for any reason, by either party.
Fuel Surcharges: In the event that local, unleaded, fuel prices exceed $3.75 per gallon, rates will be subject to a fuel surcharge. Any fuel surcharge will be noted on your monthly invoice, as a percentage, directly proportionate to the percentage increase in fuel prices above $3.75 per gallon (typically less than $1 per service).
PAYMENT AND INVOICING TERMS
Payment for Services: The Company will be paid as follows:
Payments are due, in full, upon receipt date of the invoice. Accounts not paid within 30 days from the date of invoice are subject to a 5% monthly finance charge or maximum amount allowable by law. Accounts with outstanding balances over 30 days from the date of invoicing will be suspended. A suspended account may be reactivated with a $25 reactivation fee and full payment of all outstanding balances. In addition, suspended accounts will be required to pay for services a month in advance in order for services to be continued by the Company. Payments may be made with either check or cash.
Healthy Lawn Program invoices will be submitted monthly (at the end of each monthly) by the Company for payment by the Customer. Payment is due upon receipt and is past due thirty (30) business days from receipt of invoice.
If Customer has any valid reason for disputing any portion of an invoice, Customer will so notify the Company within fourteen (14) calendar days of receipt of invoice by Customer, and if no such notification is given, the invoice will be deemed valid. The portion of the Company's invoice which is not in dispute shall be paid in accordance with the procedures set forth herein.
Independent Contractor: The Company is an independent contractor of Customer. The Company is licensed, certified, and insured (liability) to provide the service(s) it provides.
Disputes: The Company and Customer recognize that disputes arising under this Agreement are best resolved at the working level by the parties directly involved. Both parties are encouraged to be imaginative in designing mechanism and procedures to resolve disputes at this level. Such efforts shall include the referral of any remaining issues in dispute to higher authority within each participating party's organization for resolution. Failing resolution of conflicts at the organizational level, the Company and Customer agree that any remaining conflicts arising out of or relating to this Contract shall be submitted to nonbinding mediation unless the Company and Customer mutually agree otherwise. If the dispute is not resolved through non-binding mediation, then the parties may take other appropriate action subject to the other terms of this Agreement.
Representations: Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations here under. This Agreement may be executed (by original or telecopied signature) in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument.
Entire Agreement; Survival: This Agreement, including any Exhibits, states the entire Agreement between the parties and supersedes all previous contracts, proposals, oral or written, and all other communications between the parties respecting the subject matter hereof, and supersedes any and all prior understandings, representations, warranties, agreements or contracts (whether oral or written) between Customer and the Company respecting the subject matter hereof. This Agreement may only be amended by an agreement in writing executed by the parties hereto.
Use By Third Parties: Work performed by the Company pursuant to this Agreement are only for the purpose intended and may be misleading if used in another context. Customer agrees not to use any documents produced under this Agreement for anything other than the intended purpose without the Company's written permission. This Agreement shall, therefore, not create any rights or benefits to parties other than to Customer and the Company.
* Customers are asked to sign page 1 of the "Service Agreement". By signing page 1 of the "Service Agreement", the Customer acknowledges that they have read and understand the "D.O.S.T" for their services offered by the Company and hereby agree to the terms set forth in the Service Agreement.