Description of Service(s) & Terms Offered and/or Provided as Noted on Page 1 of Agreement:
Mowing / Maintenance Plans:
Weekly Mowing Plan (maintenance provided every 5-7 days):
10 Day Mowing Plan (maintenance provided every 8-11 days):
2 Week Mowing Plan (maintenance provided every 12-15 days):
Custom Mowing Plan (maintenance provision TBD).
Mowing service(s) include(s) mowing of the lawn area(s) only (up to 1/3 of the blade height will be removed on any one mowing), string trimming around obstacles (directly located in the lawn areas), edging around paved surfaces, and blowing off of debris from paved surfaces.
Mowing service(s) do not include: bagging of grass clippings ($5 charge per bag of grass clippings if you want clippings bagged), maintenance of areas adjacent to the lawn areas (flower beds, wooded areas, gardens, etc., bush trimming, hand pulling and / or spraying of weeds, leaf removal, etc.), particular mowing patterns, striping, and/or verbal requests/agreements.
Note: Healthy Bermuda grass should be mowed weekly (every 5-7 days). If you choose to have your lawn maintenance performed outside of the Company’s recommendations, your lawn may not achieve the results of a lawn that does follow our recommendations. By not having your lawn serviced weekly, you understand there are negative consequences that will result in comparison with a lawn that does follow professional recommendations.
Mowing Day's / Times: Mowing 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 mowed (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 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 mowing / maintenance. Note: “Excessive” is defined by requiring more than five (5) minutes of labor time to prepare the lawn area(s) for servicing.
Unscheduled Consultation Fee(s): The Company operates on extremely tight, rigid schedules and almost always 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 via our email and with scheduled consultation appointments.
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, walkways, adding additional square foot of lawn areas, etc. In the event changes to property occur, a revised proposal may be prepared for your consideration.
Change(s) of Service Notification / Termination: Services may be changed and/or 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.
Lawn mowing/maintenance 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 hereunder. 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 an 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.